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2022 09 21 Council Special Mtg - Coral Mtn Resortta Qa�fra GEM of the DESERT — NOTICE OF SPECIAL MEETING OF THE LA QUINTA CITY COUNCIL TO THE MEMBERS OF THE LA QUINTA CITY COUNCIL AND TO THE CITY CLERK: NOTICE IS HEREBY GIVEN that a special meeting of the La Quinta City Council is hereby called to be held on Wednesday, September 21, 2022, at 4:00 p.m., at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253 for the following purpose: PUBLIC HEARING: 1. CONTINUED FROM JUNE 7 AND JULY 5, 2022: ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL ASSESSMENT 2019- 0010 AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-0005; INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET Dated: September 16, 2022 Attest: VO MONIKA RADEVA, City Clerk isi .fin a Evans LINDA EVANS, Mayor DECLARATION OF POSTING I, Monika Radeva, City Clerk, do hereby declare that the foregoing notice for the City Council special meeting of September 21, 2022, was posted on the outside entry to the Council Chamber at 78495 Calle Tampico and on the bulletin boards at 51321 Avenida Bermudas and 78630 Highway 111 on September 16, 2022. VNI MONIKA RADEVA, City Clerk CITY COUNCIL Page 1 of 1 SEPTEMBER 21, 2022 SPECIAL MEETIm, ta Qai�tta 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 SPECIAL MEETING WEDNESDAY, SEPTEMBER 21, 2022, AT 4:00 P.M. Members of the public may listen to this meeting by tuning -in live via http://Iaquinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans PLEDGE OF ALLEGIANCE 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@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. CITY COUNCIL AGENDA Page 1 of 4 SEPTEMBER 21, 2022 SPECIAL MEETING 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. 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 § 6250 et seq.]. 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 above. 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 PUBLIC HEARINGS - 4:00 p.m. or shortly thereafter CITY COUNCIL AGENDA Page 2 of 4 SEPTEMBER 21, 2022 SPECIAL MEETING For Public Hearings on the agenda, any person may provide written or verbal public comments, in support or opposition of a project(s) pursuant to the "Public Comments - Instructions" listed above. 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. ADDITIONAL SPECIAL NOTICE FOR CONTINUED PUBLIC HEARING ITEM NO. 1: In accordance with State law and City rules of procedure for conducting public meetings, the Mayor will preside over the continued Public Hearing Item No. 1 relating to the proposed Coral Mountain Resort project. Subject to any decisions issued by the Mayor at the meeting, all members of the public are welcome to speak during this continued public hearing on September 21, 2022; provided, however, that members of the public who previously spoke or previously submitted written comments, or both, during the public hearing for this item on June 7 and July 5, 2022, are requested to refrain from providing duplicate comments. All verbal and written comments submitted prior to or during the public hearing for this item on June 7 and July 5, 2022, are in the administrative record and are already available to Council for review. PAGE 1. CONTINUED FROM JUNE 7 AND JULY 5, 2022: ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019- 00021 ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-0005; INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET RECESS SPECIAL COUNCIL MEETING FOR LA QUINTA HIGH SCHOOL CEREMONIAL EVENT RECESS THIS CITY COUNCIL SPECIAL MEETING TO ATTEND LA QUINTA HIGH SCHOOL CEREMONIAL EVENT 5:30 P.M. - MAYOR EVANS RECONVENES THE CITY COUNCIL SPECIAL MEETING CITY COUNCIL AGENDA Page 3 of 4 SEPTEMBER 21, 2022 SPECIAL MEETING SPECIAL NOTICE: The attendance of the City Council for this event will be for a purely social or ceremonial occasion. In accordance with state law, the Members of the City Council will not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the City while attending this event, so that their attendance is as authorized under the Brown Act [Government Code § 54954.2(c)(5)]. PUBLIC HEARING ITEM NO. 1 - Continued to 5:30 p.m. or shortly thereafter MAYOR'S AND COUNCIL MEMBERS' ITEMS ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on October 4, 2022, 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 boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on September 16, 2022. DATED: September 16, 2022 fte MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices • 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. CITY COUNCIL AGENDA Page 4 of 4 SEPTEMBER 21, 2022 SPECIAL MEETING PUBLIC HEARING ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: September 21, 2022 STAFF REPORT AGENDA TITLE: CONTINUED FROM JULY 5, 2022: ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-0005; INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET RECOMMENDATION A. Adopt a resolution making Findings and approving a Statement of Overriding Considerations for the Coral Mountain Resort Environmental Impact Report (SCH #2021020310). B. Adopt a resolution approving Specific Plan (SP) 2019-0003, General Plan Amendment (GPA) 2019-0002, Specific Plan (SP) 2020-0002 and Tentative Tract Map (TTM) 2019-0005 for the Coral Mountain Resort project. C. (1) Move to take up an ordinance, by title and number only and waive further reading, approving Zone Change (ZC) 2019-0004. C. (2) Move to introduce an ordinance to approve ZC2019-0004. D. (1) Move to take up an ordinance, by title and number only and waive further reading, approving Development Agreement (DA) 2021-0002 for the Coral Mountain Resort project. D. (2) Move to introduce at first reading an ordinance approving DA2021- 0002 for the Coral Mountain Resort project. 5 EXECUTIVE SUMMARY • Council considered the Coral Mountain Resort project at a duly noticed public hearing on June 7, 2022; the public hearing remained open and Council continued consideration of the item to a Special Meeting on July 5, 2022. • On June 29, 2022, the applicant requested a 60-day continuance in order to prepare additional materials to address issues of concern from the community. At the July 5 meeting, the Council provided direction to the applicant regarding issues of concern and voted to continue the public hearing, which remained open, to a Special Meeting on September 21, 2022. • The applicant submitted materials in mid -August for the Council's consideration. BACKGROUND/ANALYSIS Council considered the Coral Mountain Resort project at a duly noticed public hearing on June 7, 2022 and a continued meeting on July 5, 2022 and received: 1) complete presentations of the staff report, studies, and findings for the project, 2) presentations from the applicant, and 3) extensive public testimony, both verbal and written comments. The staff reports and all attachments are provided at the following links: • June 7, 2022 • July 5, 2022 The public hearing has remained open to this Special Meeting on September 211 2022. The applicant provided additional information on August 15-17, 2022, which was reviewed by staff, and when deemed complete and ready for publication, was posted on the City's Coral Mountain Resort webpage, on August 25, 2022. An email was sent that day to all those who have requested notices on this project, as well as all those who commented on the Draft EIR, that materials were available, and provided a link. The materials provided by the applicant are attached (Attachment 1), and an analysis of each component of the submittal is provided below. The analysis is provided in the same order as presented in the applicant's cover letter. Please note that wherever a change to the DA is needed in the descriptions below, that change has been made to the Draft DA attached to the DA Ordinance as Exhibit A. Please also note that each of the applicant's Exhibits are bookmarked in the PDF of Attachment 1 for ease of reference. RI Nave Basin Light Poles The applicant proposes to reduce the height of all light poles surrounding the wave basin from 80 feet to 40 feet. The reduction causes a concurrent increase in the number of light poles required, from 18 to 55 (Exhibit E of Attachment 1). The reason for the increase to the number of poles is that at a reduced height a single fixture has a smaller area of coverage, requiring additional poles to achieve full light coverage of the wave basin. The fixtures on the light poles have also been reduced from four (4) to two (2) per pole, which reduces the relative brightness from each pole (Attachment 1, Exhibit D). The applicant has made changes to the Specific Plan to assure a limitation of 40 feet height for the light poles within the Project (Attachment 1, Exhibit A) in Planning Area III, and has provided a comparison of the impact of the light poles from off -site locations. Because the poles will be half their previous height, the "glow" above the site will not be directly visible as it was previously from the locations at the Lion's Gate entrance, the Andalusia entrance, and Avenue 60 (Attachment 1, Exhibit B). Finally, although this change substantially increases the number of light poles (from 18 to 55), the light spillage on all sides of the wave basin is also reduced because the spread of each light is reduced (Attachment 1, Exhibit C). L. VTT-bite i urr Keauctioi. The applicant proposes an addition to the DA that would require a series of contributions to a turf reduction program, potentially supplementing CVWD's existing program. The funds would be used on homes in La Quinta and would offset the annual evapotranspiration resulting from the wave basin annually. The contributions would be as follows: a. $500,000 within 30 days of the Vesting Date, which is the date after all potential appeals or lawsuits on the project are concluded. This is likely to occur in 2024 or 2025. b. $500,000 one year after the Vesting Date. c. $500,000 two years after the Vesting Date. d. 0.25% fee on the purchase price of each new Coral Mountain home at the close of escrow of each home. The fees could total $4.5 million at build out, depending on the value of the homes. The estimate is based on the home values estimated in the Cost Revenue Analysis (26 homes at $6 million and 104 resort units at $2.75 million in Phase 1; and 470 homes at $2 million for the balance of the site). If the funds are used at CVWD's current rate of $3 per square foot for the replacement of turf, as much as 2 million square feet of turf could be replaced with drought tolerant landscaping. This assumes 500,000 square feet for the rA $1.5 million in cash contributions, and 1.5 million square feet for the $4.5 million in home sale fees. The applicant also provided an analysis of the wave basin's evapotranspiration prepared by Mr. Tom Levy, retired General Manager and Chief Engineer at CVWD. That analysis showed that 77.57 acre feet per year (AFY) evaporates from the wave basin at its reduced size of 12.1 acres of surface area (Attachment 1, Exhibit F). In order to offset that loss, 17.39 acres of turf must be removed. This equates to 757,508 square feet of turf. Therefore, the $1.5 million in cash payments would offset about two-thirds of the annual water loss, while the $6 million total, including the cash payments and the purchase price fee, would offset 2.6 times the water loss (2 million square feet) from evapotranspiration at the wave basin. It should be noted that the 470 residential units could take 20 to 25 years to build out, and the Phase 1 residential units could take as long as 10 years to build out, per the performance schedule provided in the DA. 3. Removal of East Side Lakc The Specific Plan and Tentative Tract Map have shown a lake in the northeast corner of PA III (see blue oval in graphic at right). The applicant has removed this from these documents, in order to reduce water use. The Specific Plan (Exhibit D of the attached Project Approval Resolution) and the Tentative Tract Map (Exhibit E of the same Resolution), have been amended to reflect this removal. The lake on the west side, which is surrounded by single family estate lots, functions as part of the drainage facilities for the project, and therefore will remain. 4. Water Memoranda The applicant submitted three additional memoranda relating to water: a. A memorandum by Mr. Levy in support of the Water Supply Assessment's calculations regarding evaporation, particularly in comparison to the wave basin proposed in Palm Desert (Attachment 1, Exhibit H). b. A memorandum by Mr. Levy regarding the reliability of Colorado River water, including an explanation of the hierarchy of water rights (Attachment 1, Exhibit I). c. A memorandum by Mr. John Gamlin countering statements made in previous Council hearing(s) that canal water is potable water. CVWD does not now, and does not plan to treat canal water for potable use, as described in Attachment 1, Exhibit J. and therefore canal water is not potable water. 5. Reduced Buildina Heiaht The applicant has proposed that the maximum building height in the Specific Plan for Planning Area III, the Tourist Commercial Area, be reduced from 45 feet and 4 stories, to 40 feet and 3 stories. That change, shown in Attachment 1, Exhibit A, is included in the revised Specific Plan, (Exhibit D of the attached Project Approval Resolution). 6. Nois( The applicant prepared additional information regarding the noise generated at the wave basin in three documents. a. A technical memorandum from Mr. Bill Lawson, Urban Crossroads, describing the noise levels specifically from speakers at the wave basin. It is pointed out that the speakers will be low to the water, and not elevated, and that the noise levels will not exceed the City's outdoor noise standard of 65 dBA CNEL for residential uses (Attachment 1, Exhibit K). b. A brief memorandum and graphic from Kelly Slater Wave Company, describing the speaker system, with a graphic of speaker locations (Attachment 1, Exhibit Q. c. A larger (11x17) graphic of the placement of the speakers, for legibility (Attachment 1, Exhibit M). These materials do not change the previous findings found in the Draft or Final EIR regarding noise levels at the project, which will remain below the City's standards. Moratorium on Special Events The applicant proposes that the DA be modified to prohibit special events for a period of two years after its opening. During this period, the City and applicant would monitor daily operations to better inform Temporary Use Permit review, when special events would be allowed. No specifics are provided regarding what monitoring would consist of, but if the Council agrees to the provision, staff would recommend the following: W a. Off -site 24-hour noise monitoring at a minimum of six (6) locations, twice a year on high-season/high use weekends. Dates and locations to be determined by City staff in consultation with a noise engineer. b. Traffic counts at a minimum of four (4) locations, twice a year on high- season/high use weekends, to be compared to City/CVAG traffic counts on the year prior to opening of the wave basin. Dates and locations to be determined by the City Engineer and Traffic Engineer. c. Cost of both activities to be borne by the applicant. If the Council so wishes, staff recommends that this program be added to the conditions of approval for the Specific Plan in addition to the DA (Exhibit F of the attached Project Approval Resolution). S. Park Fees The applicant is requesting that the DA be modified to require that the park component of the Developer Impact Fee (DIF) for the 104 resort residential units in Planning Area III and the 26 estate lots, all planned as part of the first phase of development, be set aside to fund park and trail improvements at the Desert Recreation District's Coral Mountain Park. In addition, although not included in the letter, staff and the applicant have discussed applying the Quimby fees for the same components (104 resort units and 26 estate lots) to these improvements as well. It is therefore recommended that, as reflected in the DA (Exhibit A of DA Ordinance), Quimby fees be applied to Desert Recreation District park improvements at Coral Mountain Park. The City and the District would contract for these improvements separately from this approval. 9. Coral Mountain Surf Foundation The applicant proposes that the DA be modified to commit the applicant to fund a charitable foundation that would contribute to La Quinta and east Valley non-profit organizations that support health, social justice, food security and homelessness solutions. The foundation would be funded by a 0.25% fee on all resales of all homes within the project. The fee would be part of the CC&Rs for the project, so as to remain enforceable through the life of the project. Given the potential fluctuations in the real estate market, it is impossible to predict the frequency or monetary value of this commitment. 10 L0. Charitable Use of the Wave Basin The final commitment made by the applicant is that 1,000 hours per year of wave basin time will be donated for charitable or public interest purposes. The form of this donation of time could be through auction prizes at charitable events or an annual surf camp. CONCLUSION The applicant has made a number of proposed changes to the project and its program in response to issues raised by the community and the Council at previous hearings. These changes provide for reduced impacts to light and water demand. The changes do not change any of the findings necessary for approval of the project, which are included in the attached Resolutions. These changes generally reduce the scope of the project, and therefore do not have the potential to increase environmental impacts analyzed in the Draft and Final EIR documents. The changes are not sufficiently substantial, nor would they result in a substantial change of conditions at the project site, to warrant recirculation of the Draft EIR. The DA has been modified to include the items described above. A redline version, showing the changes made, is provided in Attachment 2. The final draft is attached to the DA Ordinance as Exhibit A. As of this writing, the City has not received any written materials from community members who requested advance notice of the applicant's submittal. Should they be provided in advance of the public hearing, they will be forwarded to the Council when they are received. Finally, the Resolutions and Ordinances that were originally in the June 7, 2022 Council packet have been updated to reflect the continued hearing dates, and are attached to this staff report, should the Council wish to act on the project. Prepared by: Danny Castro, Design and Development Director Approved by: Jon McMillen, City Manager Attachments: 1. Letter from James Vaughn, Esq., on behalf of the Applicant, dated August 221 2022 with attached Exhibits A through M. 2. Redline of Development Agreement amendments. 3. Public Comments received July 6 through September 15, 2022 11 4. Staff reports, resolutions, ordinances and attachments for June 7 and July 5 meetings can be accessed at: • June 7, 2022 • July 5, 2022 5. Minutes of June 7 and July 5 Council hearings can be accessed at: • June 7, 2022 • July 5, 2022 12 M STOWI;U.., (F[1.FNGA, RUTH, VAUGl3N & TREIGER LLP 0AV11) T. STOWF1.1, JAM1:9 11. VAL10FIN ATTORNEYS AT LAW ADh11.1 Y.'fl{l; CELt LOS ANGELES I VENTURA OFFICE OFIANGE COL)OTY OFFICE 4S90 E. 7HOUSAND OAKS BLVD. 6695 MACARINUR COURT OF C4UNSF:L SUITE 190 SU17E 200 HILHARDS.'LEILENUA LV E6TLAKE VILLAGE. CA 9136a NL:WF'01ii F3EACF1, CA W 660 AVTIFh 1 4L1)HU STEPHAME SM1`711 TEL: 1051 44#-i4*E - FAX: 1905E a46-1490 ww*, 97Fla w.1om Au st 22, 2022 Via Email Only Nicole Cri.ste, Consulting Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Bill lhrke City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Re: Coral Mountain} resort project Dear Nicole and Bill; DAM) C. RUTH M& ZOIR M Wave Development, LLC ("Applicant") requested a -day continuance of the City Council hearing on the pending entitlement applications for the proposed Coral Mountain Resort project ("Projec(") to consider improvements to the proposed project and other potential measures to address concerns raised by the City Council and memhers of the public. As explained below and in the attached materials, the Applicant has completed that effort and is proposing the following cnhanccments to ensure that the Project both fits well with the surrounding communities and provides substantial benefits tc the City of La Quinta and its residents, These proposed cnhanccmen ts can be made enforceable through additional terms in the proposed Development Agreement, and we look forward to working with you to incorporate them into the pending entitlement applications. 1. 'Wave Basin Lighting. The previously proposed Wave Basin lighting system, including the Seventeen 80-foal-tall light towers, will be revised to reduce the heighl of all pales and fixtures to a max irnum height of 40 feet, consistent with the 13 Nicole criste Bill lhrke August 22, 2022 Page 2 maximum height of other structures in Planning Area III. A revised version of Table 3.3B of the Specific Plan, showing this change to the development standards in the Tourist Commercial area is attached as Exhibit A. By reducing the light fixtures to a maximum height of4D feet, no portion of the Wave Basin lighting will be visible from outside the project boundaries at any of the locations studied in the EIR. Revised line -of -sight exhibits, confirming that no portion of the lighting will be visiblc over the perimeter walls, are attached as Exhibit B. Musco Lighting has provided a memo describing the revised lighting system, which is accompanied by a revised lighting contour exhibit showing that no light wil I be perceptible outside of the iiniuediate Wave Basin area (0} 01 fool candles). In fact, the lighting contours are now even more tightly limited to the Wave Basin area itself, as compared to the original, 80-foot design. These materials from Musco Lighting are attached as Exhibit C. A comparison of the original 80-foot lighting system specifications and the revised 40-foot lighting system is attached as Exhibit D, and a map showing the location of the 40-foot light poles is attached as Exhibit E. The original lighting system consisted of SO -foot poles with between two and four Fixtures per pale. The revised lighting system consmis of fifly-four 4040ot poles with two fixtures per pale. The intensity of the lighting was also reduced with the revised lighting system, which allows the system to effectively light the Wave Basin itself with no light spillage outside of the immediate Wave Basin area and with no portion of the lighting being visible from outside the project boundaries. We believe this project enhancement directly addresses the concerns raised with the Wave Basin lighting system expressed at the public hearings. 2, Turf Reduction Program. As a Further public benefit of the Project, the Applicant is proposing to provide matching funds to supplement CVWD's turf reduction program (currently $31%quart foot) to residents within the City of La Quinta, to eliminate enough existing grass surf to save inore than 2.5 tunes the replacement water necessary to account for annual evaporation. As explained in the attached memorandum from Mr. Tom Levy, retired General manager and Chief Engineer of CVWD, a total of 17.39 acres (757,508 square feet) of grass turf needs to be removed to save 7 7.5 7 acre-feet of wader each year, which is the estimated annual evaporatiion from the Wave Basin at its induced size of 12.14 acres, See Exhibit F. Mr. Levy's calculation that removal of 17.39 acres of turf is needed to fully offset the Wave Basin cvaptrration takes into account the water needed for replacerncat planting of low water use native landscaping where grass turf was removed_ This program allows the Wave Basin to create a net reduction in existing water use, which is the type of water conservation currently being promoted by the California Department of Water Resources and the U.S. Bureau of Reclamation. The funding generated by the Project will allow the City of La Quinta (or a designated non-profit conservation 14 Nicolc Griste Bill Ihrke August 22, 2022 Patge 3 agency) to implement a program similar to the highly successful inalching funds program rcccntly implemented by the City of Rancho Mirage. The Applicant will provide matching funds through three fixed payments of $500,000, as well as 0.25% transfer fee imposed on each initial home sale. Specifically, Applicant will pay to the City or its designee the following arnounm (i) Five Hundred Thousand Dollars ($504,000) within thirty (30) days following the Vesting Datc (as defined in the Development Agreement); 0i) an additional Five Hundred Thousand Dollars ($500,040) on or before the one-year anniversary of the Vesting Date; and an additional Five Hundred Thousand Dollars ($500,000) on or before the two-year anniversary of the besting Date. developer will also create a transfer fee on the initial sale of all homes within the project equal to ont-quarter of one percent (0,2.5%) of the total purchase price, which will be paid to the City or its designee within 30 days following the close of escrow on the initial sale to a homcbuyer. This transfer [cc is expected to generate $1,088,000 through Phase l closings and a total of $4,462,883 at full buildout. The initial payments by Applicant plus the transfer fee on Phase 1 closings will generate more than enough funds to completely offset the Nave Basin's water use through the turf removal program. These calculations are based on the sales prices used in the City's fiscal impact analysis with a 3% annual appreciation adjustment. The Applicant is proposing to add a provision to the Development Agreement making the Applicant's funding commitments a binding obligation of the Project, and documenting the ralc ofthe City, if any, in the turf reduction program within the City of La Quinta to promotc Inng-term water conservation efforts. At $3 per squarc foot, the $1.5 million payments plus the transfer fee will fund the replacement of a total of nearly 2 million square feet of existing grass turf, saving mare than 200 acre-feet of water every year. 3. Elimination of Ornamental Lake. To further reduce the Project's overall water use and enhance its sustaiinab ility, the Applicant has removed the 2.32-acre ornamental lake previously proposed in Planning Area 111-F (prcviousIy referenced as the "Farm Lake"). Copies of the land Use Plan and Drainage Plan form the revised Specific Flan, reflecting the elimination of this ornamental lake, are attached as Exhibit G. In addition, a revised version of proposed Tentative Tract Map No. 37815, with the lake reproved, has been submitted by MSA through E(rakit. 15 Nicole Criste Bill Ihrkc August 22, 2022 Page 4 4, Additional Evidence Regarding Evaporation and Water Use. Mr. rl'om Levy has supplied a memorandum containing his expert analysis of the amount of annual evaporation from the Wave Basin. As Mr. Levy explains in Exhibit H, the Dater Supply Assessment (WSA) approved by CVWD and included in the Draft EIR provides a conservative and accurate calculation of the annual evaporation of the proposed Wave Basin. Because the WSA used a preliminary estimate of the size of the Wave Basin water body (18,72 acres), it actual Iy overstates the amount of evaporation from the Wave Basin. Mr. Levy also compared the two additional evaporation rates utilized In the El for the D5RT Surf project approved in the City of Palm Desert. Using those higher evaporation rates applicable to the hotter and windier location of the DSRT Surf project, the proposed 12.14-acre Wave Bassin would still experience less evaporation than set forth in the WSA for the Coral Mountain Resort project. We hope this puts to rest the unsubstantiated claims made during the public hearing process that the evaporation is understated in the approved WSA. Mr. Levy has also supplied a memorandum providing his expert analysis regarding the supply of Colorado River water to CVWD, including the existing 2019 Drought Contingency Plan and the ongoing discussions between the states who share Colorado River water and the federal government regarding potential further voluntary reductions in Colorado River water to preserve water levels in Lake Mead and Lake Powell during the ongoing drought. Mr. Levy's expert report on the Colorado River water supplies is attached as Exhibit I and confirms that CVWD's long-range plans accurately assess the availabiMy of Colorado River water. Mr. Ivy's report also explains how potential future reductions in Colorado River water to CVWD can be effectively addressed without interfering with service to existing customers and planned future growth, and without interfering with the ongoing management of the underground aquifer to avoid overdraft conditions. Finally, the attached Exhibit 1 contains further information on the Wave Basin's use of non -potable wetter, which is the saute water source used for the golf courses in the communilies surrounding the Project_ 5. Reduced Maximum Buiiding Height. The maximum height and number of stories in the Tourist Commercial Zone, as set forth in Table 3.3B in the Specific Plant, shall be reduced to a maximum of 40 feet and three stories in (lie Resort {Planning Area 111-A) and the Wave Basin (planning Area I11-13) dines, subject to the footnotes stated in Table 3.3B. See Exhibit A. 16 Nicole Criste Bill 1hrkc August 22, 2022 Page 5 6, Additional Evidence Regarding. In response to concerns regarding potential speaker noise at the Wave Basin, Urban CrQ5s;maGds provided a supplemental expert memorandum descrihing that speaker noise will not exceed 70 dBA at a distance of 12 feet from the speakers. As explained in the attached ExhibiI K, noise levels f1-0211 the speakers will not exceed a maximum of 45,5 d B A at the nearest off -site sensitive receptor location, which is substantially below the City's established standard of 65.0 dBA. A supporting technical memorandum from Kelly Slater Wave Co., describing the speaker system, is attached as Exhibit L, and a map, showing the location and direction of the speakers is attached as Exhibit M. That memorandum explains that 38 small speakers (positioned at 404vot intervals) are used to announce each wave on the main reef, and are located near the surfers to I imii the volume level needed for the wave alert. As previously confirmed in the EIR, the speakers are not used for inusic amplification as has been incon-cctly asserted during some public comments. 7. Special Everits. In addition to the existing mitigation measures applicable to any special events, the Applicant is agreeing to a prohibition against any special events for the first two years following the commcncernent of Wave Basin operations. This 2-year ban on special events is designed to allow the Applicant and the City to monitor actual Wave Basin operations (including traffic, noise, etc.) so that the actual operations can be considered by the City in connection with any special use permit application filed by the Applicant. This limitation can be added to the Development Agreement as an enforceable restriction. 8, Coral Mountain Park. As a further public benefit and to facilitate Desert Recreation District's early completion of sorne or all of the new public park facilities a[ its proposed Coral Mountain Park, the Applicant is requesting that the City apply the park component of the City DIF for the resort residential units (Planning Area I11-D and 111-E) and the estate residential lots to funding proposed Coral Mountain Park improvements. To further enhance the Project's contribution to the City's public park funding, the Developer shall waive any right to Quimby Fee or DIF (park component) credits that may otherwise apply due to the project's construction and dedication of public park improvements. These park commitments can be added to the Development Agreememt as an enforceable component of the Project. 9. Coral Fountain Surf Foundation. As a further public benefit of the Project, the Applicant is proposing to create a transfer fee on all re -sales of homes within the project equal to one -quarter of one percent (0.25%) of the total sales price, which will be distributed by a Coral Mountain nonprofit organiaat -to n Thal shal l be established to support health and social programs in La Quinta and the East Valley. Examples of such programs include bona fide non-profit and community service organizations with missions that address health and social justice issues like, clean water initiatives in undemerved rural neighborhoods, community food security, and homeless and impoverished services. This commitment can be added to the Development 17 Nicole Criste Bill lhrke August 22, 2022 Page 6 Agreement as an enforceable obligation of the Project and its future residents (through recorded CCRs). 10. Charitable Use of Wave Basin. The Applicant is also proposing to allecate a minimum of one thousand (1,000) person hours of time in the Wave Basin annually for charitable and public interest purposes, such as donations for fundraising auction prizes for qualified charities and/or an annual surf camp program run by the City or i is designee. We believe these compelling enhancements to the Project fully address the concerns raised by some community members about whether the Coral Mountain Resort project would fit well with the surrounding communities, while also bringing further significant public bernefits to the City of La Quinta and its residents. Please let me know if you have any questions regarding these proposed enhancements. Very truly yours, Jaynes D4Vhn cc: Jon McMillen Danny Castro Cheri Flores Nicole Criste Bill Ihrke August 22, 2022 Page 7 Exhibit A List of Exhibits Revised Specific Plan Table 3.3B Exhibit B: Revised Line -of -Sight Exhibits for 40-Font Light Pales Exhibit C; Musco Lighting Memorandum on Revised Lighting System (including revised 0.5 and 0.01 lighting contours) Exhibit D: Conceptual Illustration and Specifications Comparing Devised 40-Foot Wave Basin Lighting to Original 90-F€ant Lighting Exhibit E; Map Showing Location of Rcviscd 40-root Light Polcs Exhibit F: Mr. 'Tam Levy Memorandum an Turf Reduction Prograni Exhibit Ci: Revised Specific Plan Exhibits with Removal of Ornamental Lake Exhibit H: Mr. Tom Levy Mcmurandurn. can Wave Basin Evaporation Exhibit 1, Mr. Toni Levy Memorandum on Colorado River Water Supplies Exhibit J; CM Nave Development, LLC Memorandum on Use of Potable Water Exhibit K: Urban Crossroads Supplemental Memorandum on Noise (Wave Basin Speakers) Exhibit L; KSWC Technical Memorandum on Nave Basin Noise Issues Exhibit M: Map Showing Location of Wave Basin Speakers 19 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.3.4 Development Standards The following development standards apply to property in Planning Area III as described within the text of this Specific Plan. TABLE 3.313 - TOURIST COMMERCIAL DEVELOPMENT STANDARDS STANDARD III -A III-B III-C III-D III-E III-F III-G > a m J H W J W a W Ln 0 0 Uj i 0 CA a W 0 N LN U. 0 a �j W H Q 1 ca Min. Lot Size 20,000 sf 20,000 sf 20,000 sf 3,600 sf 3,600 sf 20,000 sf 20,000 sf Max. Lot Coverage 50% 10% Min . Lot Frontage 25' 25' 25' 30' 30' 25' 25' Min. Livable Area i NA NA NA 1,400 sf 1,400 sf NA NA Min. Accessory Building Area z NA NA NA 300 sf 300 sf NA NA Min. Front Setback 10' 0' 10' 10' 10' 10' 10, Min. Setback from Walk Streets or Sidewalks s 5' Min. Setback from Wave Basin parcel Min. Front Facing Garage/Carport Setback NA NA NA 10' 10' NA NA Min. Side Facing Garage/Carport Setback NA NA NA 12' 12' NA NA Min. Rear Setbacks NA NA NA 5' 5' NA 25' Min. Interior/Corner Side Setback s,6,' NAE:1E:1EE1[E1E:1 NA 54 20 Exhibit A CORAL MOUNTAIN RESORT SPECIFIC PLAN Min. Setback from Planning Area II NA 50' 15' NA NA NA F50' Max. Height's-9 (ft/stories) 40'/43 40§'/34 40'/3 30'/3 30'/3 40'/3 30'/2 Min. Bldg. Separation 9 Max. Pole Light Height 25' 4089' 25' NA NA 25' 25' Max. Wall / Fence Height 6'lo g io 6 io 6>io 6 io 6 io g io 1 per full Min. Parking Provided", iz 1.1 per time 1 per 500 2 per unit 2 per unit 1 per 500 1 per key employee sf sf 1,000 sf Min. Parking Dimension 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19, Min. Bicycle Parking Per Code Per Code Per Code Per Code Per Code Per Code Per Code Min. Golf Cart / NEV per Code Per Code Per Code Per Code Per Code Per Code Per Code Parking Min. Electric Vehicle per Code Per Code Per Code Per Code Per Code Per Code Per Code Charging Spaces Footnotes: Excluding garages, casitas or carriage units. 2. Detached garages/carports, casitas, carriage house units. 3. Where walk street occurs at rear or side property line, walk street setback shall govern. 55 21 ly , 4 Ile A S. •16 T - 1. •, il•f101,AL Y y MSA CONSULTING, INC. 34200 Bob Hope Drive, Rancho Mirage, CA 92270 760.320.9811 msaconsultinglnc.com • .r Jkr AVENUE 58 Lion's Gate 0 View "B" Andalusia Entry View "C" O OR" m m View "Y AVENUE 60 `* :� .� View „E., _ WAVE BASIN LINE OF SIGHT SECTION VIEW INDEX MAP EXHIBIT DATE: AUGUST 2022 CORAL MOUNTAIN RESORT 22 View Line to Top of Light 4,002' TO VIEWING LOCATION 7 —i 7 \ Line of Sight co o \ � Prop. Wave Basin Light — — — — — — — — — — -- -l' ----------------------------------------------------- Prop. Wave Basin Lm �� m �� m �� m �� m �� m �� m �� m �� m �� m �� m �� m NJ nFTAll 'A' WAVE BASIN / LIGHT N.T.S Ex. Mountain Peak / —,,,—Line of Sight (View Peak) Ex. Mountain Side See Detail 'A' \ r Line of Sight Line of Sight (View Peak) _ � — r Line of Sight ` Lion's Gate Entry Prop. Wave Basin Light ■ — — — — i _ _ _ � — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ — ��� Avenue 58 LINE OF SIGHT SECTION (Public Road) N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "B": VIEW FROM LION'S GATE ENTRY (BEFORE) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 m5acon5ultinginc.com 23 M MEN Line of Sight Over Perimeter Wall Prop. Wave Basin Light Q � O � — — — — — — — Prop. Wave Basin \ LM � M � M � M M DETAIL 'A' WAVE BASIN / LIGHT N.r.S � M � M � mmi r Ex. Mountain Peak Line of Sight (View Peak) Ex. Mountain Side See Detail 'A' _ \ Line of Sight \ Over Perimeter Wall Line of Sight (View Peak) _ _ Line of Sight Over Perimeter Wall Lion's Gate 11LProp. Wave Basin Light �� — — — _ — _ — — — _ — — — _ _ _ _ _ — Entry — — — — --� — z -- Avenue 8 LINE OF SIGHT SECTION (Public Road) N.r.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "B": VIEW FROM LION'S GATE ENTRY (REVISED) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 24 J 1 � m MEN Q IL Q / N Q W z J Line of Sight W 3,563' TO VIEWING LOCATION X Prop. Hotel Q 0 I I o Prop. Wave Basin Light i 1 i i i I------- -- — —— — — — --------- i i i I i Prop. Wave Basin 1 DETAIL 'A' WAVE BASIN / LIGHT N.T.S. L. Mountain Peak Line of Sight (View Peak) \ Ex. Mountain Side See Detail 'A' Line of Sight Line of Sight Line of Sight (View Peak) Matll-n Sheet P,blic R—d LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "C": VIEW FROM ANDALUSIA ENTRY (BEFORE) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 25 M MEN Line of Sight Over Perimeter Wall Prop. Hotel i i i � � o i Prop. Wave Basin Light I k i Q i � o II i I i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —— — — — — — — — — — i — i i i I i I Prop. Wave Basin DETAIL 'A' WAVE BASIN / LIGHT N.T.S. Ex. Mountain Peak Line of Sight (View Peak) See Detail 'A' Ex. Mountain Side � � � Line of Sight Over Perimeter Wall ■ Line of� t Over Perimeter Wall Line of Sight (View Peak) Andalusia `------- — _ _ EnIM — -------------- — — — — � �� Madison Street ■ Public Road LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "C": VIEW FROM ANDALUSIA ENTRY (REVISED) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 26 - _ mm---N� - Line of Sight - - �� 2,745' TO VIEWING LOCATION / / / / / / I / I I I I X IQ 0 of / / / / I Prop. Hotel , / / I / / I I / � I I I Prop. Wave Basin Light I b I � I / / / I / / I — — — — — — — =-- / — I — Prop. Wave Basin DETAIL 'A' WAVE BASIN / LIGHT Ex. Mountain Peak N.T.S. — — \ /— Line of Sight (View Peak) — Ex. Mountain Side — Line of Sight— \ — — — _ — ■ rop. Wave Basin Light — — — Line of Sight Line of Sight (View Peak) — �`-- - - - - -_- Pr Hotel ___ Avenue 60 ■ See Detail 'A' (Public Road) LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "D": VIEW FROM MADISON STREET (BEFORE) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 27 - � - Line of Sight Over Perimeter Wall Prop. Hotel , Prop. Wave Basin Light x o i i � Q � i 6 It — — — — — — — — — i Prop. Wave Basin DETAIL 'A' WAVE BASIN / LIGHT Ex. Mountain Peak N.T.S. __ __ r Line of Sight (View Peak) Ex. Mountain Side r Line of Sight Over Perimeter Wall \ \ — JtW-veBasin Light r Line of Sight Over Perimeter Wal� r Line of Sight (View Peak) — — ProF. Hotel — — — — — — _� — — — — — _ Avenue 60 See Detail 'A' Now (Public Road) LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "D": VIEW FROM MADISON STREET (REVISED) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 28 / 0 Q / 06 o / N / / I \7— Line of Sight 00 o I / / Prop. Wave Basin Light / / / / / — — — — — — — — — — / / / / Prop. Wave Basin 1 m NJ DETAIL 'A' WAVE BASIN / LIGHT N.T.S See Detail 'A' r Line of Sight � � — � � — � � Pro Wave Basin Light PropHotel Line of Sight . — _ _ _____ ___----------- - --- - - _ - -- — Avenue 60 Prop. Wave Basin Ex. Boundary & Prop. Wall of Project (Public Road) LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "E": FROM AVENUE 60 (BEFORE) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 29 Line of Sight through Existing Palm Trees Q II Prop. Wave Basin Light o � I I Prop. Wave Basin M NJ 11CTA11 rAr WAVE BASIN / LIGHT N.T.S See Detail 'A' r Line of Sight through Existing Palm Trees Prop. Hotel — — — — — — — .ram r Line of Sight through Existing Palm Trees Pro, Wave Basin Light — — _ _ _ - -- — -- — Avenue 60 Prop. Wave Basin Ex. Boundary & Prop. Wall of Project (Public Road) LINE OF SIGHT SECTION N.T.S MSA CONSULTING, INC. WAVE BASIN / LIGHT SECTION "E": FROM AVENUE 60 (REVISED) 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 30 corporals; 100 151 Avr, West FU Box $08 Osxalavu. IA 52577 41-inufncturing: 2107 Slov4arl RoaLl PO Box 750 W,,uibsP!. 1A 52761 August 8, 2022 Subject: Surf Ranch Coral Mountain Lighting Design To Whom It May Concern- 541VG -0411 BH1825-GUO hx- ND673-4740 Sfi312{�3 2?.81 8011)756.1205 Fax- 8041374-6402 Web: wa--'a iniLis uii r.Ull1 Emai# IighLli�ig Q Irl,lsf .r:o n This is to inform you that Musco Lighting has revised the proposed Coral Mountain wave basin lighting design- The modified lighting design otilizes 40' polesfmounting heights compared to the original design that used 80' polesimounting heights. Please note, the proposed design is less optimal from a cost standpoint, but Coral Mountain is willing to make this commitment to address community concerns. Additional 40' poles have been added and relocated approximately 60' closer to the wave along the wave track_ Due to the lower pole height, wattages have been reduced in the fixtures fFom 60OW and 12DOW to 550W. By doing this, the design: maintains the proposed light levels an the surf basin necessary to ensure safe operations without increasing light and glare outside of the wave basin. The illumination from the revised Wave Basin lighting system is contained within the footcarid le contours presented for the BO' poIa system. as illustrated in the attached exhibit. Please find the revised proposal attached. If you need additional information or have further questions, please contact me at BOD-756-1205 x6392. Sin cerely, Lewis Gilbert Senior Key Account Representative Musco Lighting 100 1" Aver ua West — PD Box 808 Oskaloosa, IA 52577 800-756-1205 x6392 levels, gilbermusca.com Lighting .. , We Make It Happen. Exhibit C 31 1p, - 14� op li 40FT POLE HEIGHT 80FT POLE HEIGHT (POLE 1) Prop. Wave Basin Light QProp. Approximate ' Photometric Cut -Off v Prop. Photometric \ Center Prop. Wave Basin SCALE: 1 " = 30' TWO 550-WATT LUMINAIRES MSA CONSULTING, INC. (POI F 11 SCALE: I" = 30' FOUR 1200-WATT LUMINAIRES CONCEPTUAL ILLUSTRATION COMPARING REVISED 40-FOOT WAVE BASIN LIGHTING TO ORIGINAL 80-FOOT LIGHTING 34200 Bob Hope Drive, Rancho Mirage, CA 92270 760.320.9811 msaconsultinginc.com CORAL MOUNTAIN RESORT 33 40ft Pole Height Specifications Lighting System Polk to Pea Fewe N.V H&10t Fi 1 M- W. Luminanr Type i.cad circuk P1•P18 49' MY 2 TLC•LED-550 1 CB kW A T1-T36 28' 28' 2 TLC-LEDL550 108 kW A 34 108 58.32 W C Ircu It Summary Ckciiit QeserlQHon Land Fiii4ira cit11 A Surf Area 58 32 kW log Type Source Wamue Lurnens L80 un 00 Cuantigl TLC-LEV-550 ! 1 L] 5?CIQK - 75 CRI 540W 67,00t1 `20.000 }120,000 r120.DDD i0a Light Level Summary Grid Nm Ca"Iaiidn Wkilt INumination Cild-.1" FlYture aty AVM Min NWx Ma%+1Nin AYENin .. R1041ket GVId HorizoryW 1 iv 0 214 a 00 A 108 8lankat Grld MarrW H 11Iumma+lae (by Lighl Eaniq 1.40 0 333 0 00 A 10$ Entire Paoi Horizontal 8.97 0.48 214 44.46 18.59 A 103 North Property Line Max Candela (by Fixt ) 4.13 0 32.5 0.00 A 106 South Property Line Max Candela jby F-admej 79.2 0 769 0.00 A 108 Surf Berm & Pooia Hanzontai 7.19 1.56 13.6 8.58 4.55 A 103 Surf Track Extents Horizontal 1 S-5 SAD 18.7 3.68 3.05 A 106 Sort Track Vertical From H3 ffm Arbitrary III umalanoe 2.09 0.06 5.14 94.26 34.83 A 105 Area Surf Tral* HiXlontal 1$,9 11.3 21.1 1.87 1.41 A 1 D5 80ft Pole Height Specifications Lighting System r WK) PM*HMW Mtg Hvght Fixture ❑ly LUmknave iyn-:! Load ckwjt P1-P7 80, 80, 4 TLCL.I1i-I2i:i1 4.63kW A 30, 2 TLC-LED-eo4 1.16 kw A P8-p9, P16-pi7 80, 80, 2 TLG-LEQ-600 1.16 kW A PIa. P12-P13, 8D' 80, $ TLC•LED-600 1.74 kW A P15 p11,P14 84' 80' 4 TLC-LED-Mo 2,32.Kw A 17 ia. COVA Dercrg*wn Load FixWreCAy A Surf Area 57 12 kW 70 Type Source Liw"e Lumens L84 LSD L70 Cuanmy TLC�LED-1206 LED 5700K-7r5CRI 1170W 136-MU 120-ODD >120,Dl* 120.000 28 TLC,LEI)-6CQ LEE) 57MK- 75 CRI 580VV 55.600 s120,ODD �129,DDD �120,000 42 Light Level Summary {arid Name Blanket Grid Blanket Grid Entire Pod North Propery line 5aulh Properly Line Surf Berm & Pools Surf Track Extents Surf Trade WIcal From Berm Ares Surf Track Cairulairon Metric. Alumination AV* Hilt MM idax1min Harizontai 1.13 O 24.2 0 DO Max Vert Illuminance iuy Light Bank l 1-61 0 35 0-00 Horizontal 8.70 9.24 24.9 103.40 Max Candela (by Fixture} 383 0-88 912 1061.83 Max Candela (by Fodure) 93.4 D 482 0 DO Honzentai 4.42 024 %1 41.69 Horizonaa€ 9.70 3.12 19-9 8-39 ArNtmry Illunirnar:ce 1 9d 4.3D 3.41 13.11 AVOMM Crciits A A 35.25 A 445-52 A A 18.42. A 3-11 A 4 $3 A Hariaontal 16.9 19 2110 2.18 116B A rhdlrre city 79 70 70 70 - 70 -- 70 70 70 70 CONCEPTUAL ILLUSTRATION COMPARING REVISED 40-FOOT MSA CONSULTING, INC. WAVE BASIN LIGHTING TO ORIGINAL 80-FOOT LIGHTING SPECIFICATIONS 34200 Bob Hope Drive, Rancho Mirage, CA 92270 CORAL MOUNTAIN RESORT 760.320.9811 msaconsultinginc.com 34 T1 T�4 T3 t-6 T5 T6 T7 TE Tq rh: III fi;� -r!jFYf4 rl"14 T e Qz 1?4 11;;,h' IY.f 1,7s 1-9 A P4 LIGHT POLE LOCATION ENGlMRMDC]t5115M fly: TNizyyend&ltp -File ej2w9$C - M-Aug,u 4.0 ps ps P113 vil F;2 P13 4 4 P15- P70 Surf Ranch Coral Mountain L.Cb.Uv.XA MCLJ.vm! A rL rl ri m I i.1 4tB, TTK rj$ . 1JXTU Ur, F24 rjg,rm M. M TX M rr, r? nLi Lk ,0 TAIW A 1.4, 4v U404AS TH TPI-TI, TL ri 7ZM3, rjiLw n?, fm t-II.T31 114 T& T1 BAWU�*,.d— b.. A-prqp Kw- L,.,-. - I U-M murm-cm *Wf We make it Happen, EQUIPMENT LAYOUT 35 Via Email Only: john@coralmountain.com Mir. John Garnlin CM Wave Development, LLC Dear Mr. Garnlin: You have requested that I calculate the amount of existing grass turf that would need to be removed from residential properties in the City of La Quinta to save are equivalent amount of water annually as will be used by the proposed Coral Mountain ware Basin, using Coachella Valley water District's (CV D) established evaporation and water use rates. By way of background,. I worked for the Coachella valley Water District for 30 gears serving as its Sanitation Engineer, Urban water Engineer, Assistant Deputy Chief Engineer, Assistant to the General Manager, Assistant General Manager and served as General Manager -Chief Engineer for 16 gears. l consulted with the District for ten years after retiring. I was the District's representative on the State water Project Contractors for 1S gears and its president twice and served as a negotiator on the agreement that allowed State water Project Contractors to transfer their water entitlement to other State Water Project I 36 Contractors. This agreement allowed the District to increase its State water Project entitlement. During my time working with the District, I recognized the need to address the overdraft in the Sower Malley, and started pilot recharge programs in the lower Valley, and developing the technical and legal support for the District's increasing its supply of water. I seared as the lead negotiator for the District on the Quantification Settlement Agreement which provide additional water for the Malley, i have Bachelor of Science in Engineering from UCLA, a Master of Science in Civil Engineering from USC, a Master of Science in Environmental Engineering from Loyola University and a Graduate Certificate in Administration from UC Riverside. I am a Professional Civil Engineer licensed in California and a Diplomate of the American Academy of Water Resources Engineers. A further description of my experience and expertise in water management is attached as Exhibit A. The Coral Mountain site is located between Avenue 58 and Avenue 60 and between Madison Street and Jefferson Street in the City of La Quinta. It is located near the mountains in La Quinta which provide some protection from the wind. The site is located within evapotranspiration Zone 3, which has an evapotranspiration coefficient of 54.22 inches. CVWD's Landscape Ordinance provides an equation for calculating estimated total water use for a raving water body by applying an adjustment factor of 1.2 to the applicable evapotranspiration coefficient to account for the added 37 evaporation that occurs with moving water bodies, which results in total evaporation of 6.39 acre-feet per year (AFY) per acre of water body. Using the 12.14-acre actual water body size for the proposed lave Basin, as set forth in the site development permit application I reviewed, the estimated total water use for the ware Basin evaporation is 77.57AFY In order to eliminate existing water use to offset the water that will be used by the wave Basin.. it is proposed to incent the removal of existing turf from private residential properties located within the City of La Quinta. The developer intends to leverage existing successful programs which offer rebates for the elimination of turf by matching the 3 per square foot of turf removal currently available through Ci1WD's water conservation program. The City of Rancho Mirage recently implemented a similar program and is experiencing extremely high participation rates from its residents, signaling that a similar $3 per square foot matching program should be successful in La Quinta. Appendix C to CVWD's Landscape Ordinance provides four different evapotranspiration rates applicable to properties in the City of La Quinta, ranging from a Iow of 58.87 inches per year in the most sheltered areas to a high of 83.34 inches per year in areas most exposed to wind and sun. The average appliable evapotranspiration rate in La Quinta is 70.47 inches, which is the rate that should be used to calculate the amount of 3 turf removal, since properties throughout the City will be eligible to participate in the program. Based on the calculation set forth in VWD's Landscape Ordinance, grass turf Citywide uses an average of 5.11 AFY per acre (based on the average evapotranspiration rate of 70.47 inches per year). To sage the 77.57 AFY of water needed for evaporation from the proposed wave Basin, a total of 15.18 acres of grass turf would need to be removed. This calculation does not take into account that some water will be needed where homeowners elect to replace the grass turf with water efficient native desert landscaping. Assurning that all homeowners replace their grass turf with native desert landscaping with a 0% plant canopy coverage rate, a total of 2.21 additional acres of turf would need to be removed to save the water needed for the replacement native desert landscaping. This is considered a conservative assumption because many owners replace at least a portion of their grass turf with hardscape improvements and/or artificial turf. A summary of the calculations used in this analysis is attached as Exhibit B. In summary, a total of 17.39 acres of existing grass turf in the City of La Quinta would need to be removed to generate enough water savings to fully offset the evaporation from the proposed Coral Mountain Wave Basin. 39 Thomas E. Leery, P.E. ►attachment: Exhibit ; Thomas Leery Curriculum Vitae Exhibit . Summary of Turf Replacement Calculations all EXHIBIT A CURRICULUM VITAE of rl looms E. Levy Certificate in Administration, Graduate Level at University of California at Riverside, 1983. Master of Science in Environmental Engineering, Loyola University of Las Angeles, Las Angeles, California, June 1972_ Master of SGicnco in Civil ltnginoering, 1Jrivarsity of Southern California, Ins Angeles, California, January 1969. Bachelor of Science in k;txgineering, University of California at 1,os Angeles, 1.0s Angeles, California, 1963. California Civil Enginccring C'.ertif Gate C 23078 January 2003 to Present, Consultant. Provided consu I ti ng services to Coachella Val Icy Water District on Colorado River and State Water Project issues. Negotiator on the Colorado River (quantification Settlement Agreement. Provided management service& to Riverside L AFC0 on service reviews of water and wastewater agencies, 111-OVideJ assistance to water districts on various manct•s. Provide assistance to developers. Provide consulting; on local and Colorado River welter resources issues. M.arreb 1986 to December 2002-General Manager -Chief F`.nginecr, C:anchellu Valley Water District, Past Office 3ox 1058, Cone heIIn, Cal ii:ornia 92236 Re<;ponsihIe for engineering, operations and inaintenaace of multi -functioned special district pro-viding domestic water, irrigation water, drainage, sanitation setw 1 ce, water conservation and flood control. Mwage activities of mare than 400 employees in the above areas with a budget of$102 million. Responsible for uperat ion and maintenance of six water reclamation plants serving rrlore than 75,000 risers. Direct (to rnestic water service to nearly 87,000 users. Supervise irrigation Gana! and distribution system serving 60,000 acres with 300,000 aclx-fcOt Of'water annually. Active in Colorado R vcr and State Water Project issues, S crvcd on California BUIIetin 160-98 Task f orcc (state: water plan) and California Drought Task Farce. Scrvud as mernbcr of State Water Contractors .rlcgatiating train for the Monterey Agreement and P C L settlement, Lead negotiator on U)torado Diver settlement discussions including the Qualification Settlement Agreement. August 1984 to February 1986 --- Assistant General Manager, Coachella Valley Water District. Responsible to the Gelie ral Manager -Chief Engineer to administer programs or projects a s 9 i gncd by the General Man<agcr-Chief l::nginccr and created by public need, community expansion and/or resources availability. 41 July 1983 to August 1984-Assistant to the General Manager, Coachella Vallee Water District, Respon9i1)1e to tho General Manager -Chief Engineer to administer programs or projects aLssigned by the General Manager -Chief engineer and created by public need, community cxpansion andlar resources availability. July 1976 to June 1983-Assistant Deputy Chief Engineer, Coachella Valley Water District. L1n€ler general ciireclion, assist the Deputy Chief Engineer in the overall supervision and administration of a 42-person multi -disciplined engineering department responsible for irrigation, drainage, sanitation, dornestic water, stornt ater, water conservation and water quality laboratory, September 1973 to July 1976--Urban Water Engineer, Coachella Valley Water District, Responsible for the, dcsign and construction of all domestic water and sanitation projects of the District. Domestic water projects include dcsign and construction nfweIIs, reservoirs, booster pumping stations and numerous tnin5mIssion rind (I ist ri b u tion pipelines, Sanitation projects include the dcsign and construction of a w•astevvatcr puinpjng station and several rniIcs of sewer, June '1972 to August 1973-Sanitation Engineer, Coachella VIrlley Water District. Responsible fbt all sanitation activiticsofDistrict including, preliminary and final de. sign, coordination with consulting engineers, State Water Resource Control Beard, Environmental Protectian Agency and customer relations, 1963 to 1972-Systems Engineer, Rucketdyne, Canoga Park, California. Investigated all aspects of fl fight and field problems of a liquid propellant racket engine, Other professional inyolyetn.ent Hoard Member, State Water Project Contractors Authority (JPA), ?003 to 2011. Treasurer. Water for the West foundation, 2002 to 2016, Budget Committee Chairman, Colorado River Water Users Assucia.tion, 2000 to 2011 Audit Committee Chairman, Colorado Diver Water Users Association, 1986 to 2006. Secretary, Colorado River Walor Users Association, 2000-2001. State Water Contractors. Irc., Past President and Board meinb€:r 1987 to 2005. ticneraI Mariager, CuIorado River Authority of California, 2007 to present General Manager, Six Age ney Committee, 2 00 7 to present Professional affili ter ions Diplomate (Ket), American Academy of Water Resources Engineers American eSocIety ofCiviI Engineers 42 EX"161T B Coral Mountain -Community-wide Turf Reductmn Program Turf Replacement Calculations S116}2p22 Cycle A. A lagoon in Zone 3 Is 12.14- acres and evaporates 539AFYfac so the evaporation is 77-57 AFY so if turf uses5-il kFYfacre, yauneed 15-1$acreS 4f #urf#4 4e r2rn4Yed, - ----- ~- - lagoon size = 12.14 acres evaporation rate is 6.39:AFY{ac ;Evappratipn ; 77.57 AFY 9, !But Eva puratlan = 77.57 AFY Turffaprur 5,11 AFVat Turf acres to be removed forEV water = hgrnepwni�r5 are going tv replant the 15.18 acres where the turf was removed with Native plants that use MS AFYfa€xe 25.181 acres on SD%of pfant eanapYr the additional water use for the replanted area is 9-97 AFY, This requires that you remove +9 87 j 5-11 i 2.99 20fes of turf. Tuff @MAit] heren,pved= 15.181aCres Replant with 0.65AFY{at' addltloaialwateruse- 9,27AFY additional water use9.67 acres AFY Turf/acre 1 AFY{ac additivnTurf acres to be rvmQwed= 1.93 C. But you now have 1.92 acres of additional turf that hameowners are goingty replant the 1.93 acres where the turf was removed with Native plants that use 6,65 AFY{acre an 90% of plant Canapyr the additional+vater use for the additional replanted area is 1.26AFY- This requires that you rempue 1+1,26 AFV 15,11 AFY{ac) 0.25 acres of addltlonal tuft. 1. 93acres addition Turf acres to be removed = Replant with 0.65 AFY13C 1.25 AFY addltional water use= 1.26 AFY TurFfacre= 5.11 AFY}ac 0.25 acres addition Turf acres to be removed n ❑.2S acre6 you now have 0.25 acres of additional turf that homeowners are going to replant the 0-25 acres where the turf was rern4ved with Native plants that use 0.65 AFY{acre an 50% of plant canopy, the addltlonal water use for the additional D. lBut replanted area Is0.lfrAFY,Thisrequires that Vouremave1+0.16AFY f5-11AFYjar10.03aGresofadditionalturf. _ j Replantwah - 0.65 AFY}a€ addition Turf acrestnberem oved= 0.25 a7e5 0.16 AFY Tuff/acre= additional water use 5.11 AFY}ae addition Turf acres to- be removed = 0.03 acres water E. And this ronrinues forever. But the amount of additional tuff removed and used is so small that you cannot correct for It F. The acreage of turf and water used far replanting are! _ Cycle WatwU!,ed AFY TurFRernpwud At res - - Check e 9,37 1.931 5.11 C D 116 1 0.161 11.21 ...._ . 0,03 _ 0.25 5.11 0.03 I S.12 0.28 5,11 - Total 1 11-281 2.21 The percentage of the first turf removed is 15% Additional Turf re moved for water to replant = Turf acres to be remtwed fo r Eu= 15,192;ocres 2.212 ores Total turf to be removed = 15.191 + 2.22 = 17, 39 acres 17.39 acres X S.11 atrrs = 88.86 Total Water from total turf removal AFY Evaporation lwate r required for replanting turf at 0,65 AFY a c = 177-571 AFY 12.28 AFY The percentage of the first ad dltlonal turf removed in get water for replanting is 14% acres Turf acres to be removed = 1,93'arm5 Addition atTurfremoved Fo rwaterto replant = 4.28 2.21 acres turf Total acres ofturf 121,a€res H 5.11°AFY/$C= 11.23 AFY - 43 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Planning Area Boundary - — — — - Planning Area Sub -Boundary Neighborhood Commercial Low Density Residential Resort Open Space (Recreation) Source: MSA Consulting, Inc. MSA CONSULTING, IN PLANNING >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 ■ ■ ■ �OMMERCIALV � AVENUE 60 1•0 R. I N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL LAND USE PLAN FIGURE 8 PAGE 18 44 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: ■ ■ Project Boundary Water Feature / Retention Conceptual Drainage Sub -Area N Conceptual 100-Year Sub -Area Retention ■ Site Drainage Flows Off -Site Drainage Direction AVENUE 58 it Note: Drainage and retention is conceptual and subject to refinement with final engineering design. Im ` �\• ♦, 7 MINN mow z � _ 'o I � I .I .0 41b, 0 ti - N.T.S. Source: MSA Consulting, Inc. Exhibit Date: July 27, 2022 CONCEPTUAL DRAINAGE PLAN MSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPING> LAND SURVEYING MSACONSULTINGINC.COM FIGURE 18 PAGE 44 45 Via Email Only: john@coralmountain.com Mr. John Garrilin CI I Wave Development, LLC Dear Mr, amlin: You have requested that I provide an analysis of how the proposed Wave Basin water evaporation calculations in the CI WD-approved later Supply Assessment (WSA) compare with the evaporation calculations used for the DSRT Surf project in the City of Palm Desert, By way of background, I awrorked for the Coachella VaIIey Water District for 30 gears serving as its Sanitation Engineer, Urban Water Engineer, Assistant Deputy Chief Engineer, Assistant to the General Manager, Assistant General Manager and served as General Manager -Chief Engineer for 16 gears. I consulted with the District for ten gears after retiring. I was the District's representative on the State Water Project Contractors for 1 years and its president twice and served as a negotiator on the agreement that allowed State Water Project Contractors to transfer their water entitlement to other State Water Project Contractors. This agreement allowed the District to increase its I State Water Project entitlement. During my time working with the District. I recognized the need to address the overdraft in the lower Valley, and started pilot recharge programs in the lower Valley, and developing the technical and legal support for the District's increasing its supply of water. I served as the lead negotiator for the District on the Quantification Settlement Agreement which provide additional water for the Malley. i have Bachelor of Science in Engineering from UCLA, a Master of Science in Civil Engineering from USC, a Master of Science in Environmental Engineering from Loyola University and a Graduate Certificate in Administration from UC Riverside. I am a Professional Civil Engineer licensed in California and a Dlplomate of the American Academy of Water Resources Engineers. A further description of my experience and expertise in water management is attached as Exhibit A. The WSA for the proposed Wave Basin project that was approved by CVWD utilizes the established evaporation calculation set forth in 'VW 's Landscape ordinance No. 1302.5. This ordinance identifies four different evapotranspiration zones within the City of La Quinta, which take into account a number of relevant factors, including temperature, wind, elevation, and sun exposure. The Coral Mountain site is located between Avenue 58 and Avenue 60 and between Madison Street and Jefferson Street in the City of La Quinta. It is located near the mountains in La Quinta which provide some protection from the wind. The site is located z 47 within evapotranspiration Zone 3, which has an evapotranspiration coefficient of 64.221nches. CVWI)"s Landscape Ordinance provides an equation for calculating estimated total water use for a moving water body by applying an adjustment factor of 1.2 to the applicable evapotranspiration coefficient to account for the added evaporation that occurs with moving water bodies, which results in total evaporation of 6.39 acre-feet per year (AFY) per acre of water body. irking a preliminary estimate of 18.72 acres for the proposed wave Basin, the WSA concluded that it would have estimated total water use of approximately 119.55 AFY. However, the actual water body size for the proposed Wave Basin, as set forth in the site development permit application I reviewed, is 12.14 acres. Accordingly, the actual estimated total water use for the Wave Basin is 77.57 AFY, or approximately 5% less than analyzed in the W A approved by CVWD. D5BT Surf is located in the area hounded by Frank Sinatra }rive, Portola Avenge, Country Club Drive and Cook Street, and is located in the middle of the blow sand wind area. It is in Evapotranspiration Zone 5, which has a coefficient of 83.34 inches per year. Accordingly, DSRT Surf has an evapotranspiration rate (ETo) that is 30% greater than that of the Coral Mountain site. Under CVWD's Landscape Ordinance, the DSRT Surf moving water body would have an evaporation rate of 8.29 AFY per acre. The developer of the DSRT Surf project also supplied supplemental water use analysis prepared by Cloward H20, which is described in a memorandum from Terra Naga (attached as Exhibit 13), and also relied upon in the wSA for the DSRT Surf project. The Cloward H2O analysis evaluated evaporation using two separate methods, one using published pan evaporation rates for the area and the other based on more than 25 years of weather data for average monthly temperatures, humidity, wind, cloud cover, and solar radiation rates. Based on this information, Cloward H2O concluded that the D5RT Surf water body would have an evaporation rate of 45,177 gallons per day, which equates to 9.31 AFY per acre. There are significant differences between the DSRT Surf lagoon and the proposed Coral Mountain Wave Basin. D5RT Surf will have a surf lagoon with a surface area of approximately 5.5 acre (actual area of 5.434 acres), whereas the Coral Mountain Wave Basin is a 12.14-acre water body. The design of the wave generation equipment is different between DSRT Surf and Coral Mountain in that DSRT urf's design requires that the lagoon be drained to service the wave generation equipment while the Coral Mountain design does not (per information provided by Kelly Slater Dave Co.). According to the Terra Nova memorandum, the DSRT Surf lagoon will be drained and refilled once per year with the lagoon volume being 6,900,000 gallons. 4 This results in an additional annual crater demand of 21.18 acre-feet per year (AFY) that the Oral Mountain Wave Basin does not have. The Terra Nova memorandum also describes that the water loss frorn backwash will be an average of 1,121 gallons per day (409,1 5 gallons per year, 1.26 AFY), while the Coral Mountain Wave Basin processes and reuses the backwash water. In comparing the evaporation rates used for the DSRT Surf project with the proposed Coral Mountain Wave Basin, using the evaporation rate from the DSRT Surf WSA of 9.31 AFY per acre, -the annual evaporation from the 12.14-acre Wave Basin would be 113.02 AFY. Using VWD's Zone 5 evaporation rate of 8.29 AFY per acre, the annual evaporation from the 12.14- acre Wave Basin would be 100.6 AFY. Both of these alternative evaporation calculations would be less than the 119.58 AFY of evaporation for the Coral Mountain Wave Basin described in the VWD-approved WSA. Given that the DSRT Surf location is known to experience approximately 30 higher evaporation rates than the Coral Mountain site, the evaporation calculations used for the DSRT Surf project further demonstrate that the water use assumptions and the water suppler evaluation in the Coral Mountain IA are both valid and conservative. 5 50 Thomas E. Bevy,, P.r. � Attachments: Exhibit A: Tom Leery Curriculum Vitae Exhibit B: Terra Nova Memorandum 6 51 EXHIBIT A CURRICULUM VITAE of Thomas F. Lcvy Certificate in Administratian, Graduate Level at I niversity of California at Riversidc, 1983. Master ail' Science in Envircanmentttl Fragineeriing, I.,oyola University of Los Angeles, Los Angeles, California. June 1972- M1 i.ster of Science in Civil Fngineering, UlIiVersity of Southern Cal ifornia, Las Angeles, California, January 1969, Bachelor of Sciellee in Fngineering. University of California at Los Angeles, Los Angeles, California, 1963. Registration California Civil Engineering Certificate C-23078 January 2003 to Present, Consul Innt. Provided 0CN1-AL lting services to CO Valley Water District on Colorado River and State Water Project issues. Negotiator on the Colorado River Quantification Settlement Agreement, Provided management services I Riverside 1,AFC0 an servke reviews of water and wastewater ago neies. Provided assistance to water districts en various m<'aticrs. Provide assistance to deveIopers. Provide consulting cn local and Colorado River �vater resources issues. lurch 1986 to Dcccmbcr 2002-Gencral Manager -Chief Engineer, Coachella Valley Water District, Past 0Mce Box 1058, Coachella, California 92236. Responsible for engineering, operat i47ns and ill ai11LerlanUt 0f a Multi-f'unfAiUr]ed special district providing durn cstic wvater, irrigation watcr, drainage, sianitaii0n service, ~water conservation and flood control. Manage activities of more than 400 employees in the above areas with {a hudgel cal' $102 million. Responsible for operation and maintenance of six water reclantaaion plants serving more than 75,000 users. Direct domestic water service to nearly 8 7, 00 0 use Supervise irrigation cftnu * n d di strihution syswin serving 60:0DO acres with 300,000 acre-feet of avatar annually. ACtive in Colorado River and State Water Project issues. Served on California Bulletin I60-98 Ta5k Force (state water plan) and California Draught `Task Force. Served as inember of State Water Contractors negotiating team for the Monterey Agreement and PC:L settlernen(. Lead negotimor on Colorado River seltIomeaI discussions including the Qualification Sctticment Agrecincnt. August 1984 to February 1986 --- Assistant General Manager, Coachella Vallt%v Water District. R.espun sible to the Cie ncraI Manager- Chi cf ] nginccr to administer programs or projects assigned by the General Manager -Chief and created by public need. corn r7aunity expansion and/Or resources Lava aabi1it%,. 52 July 1953 to August 1984-Assistant to the General Manager, Coachella Valley Water District. Responsible to the General Manager -Chief Engineer to administer prograins or projects assigned by the General Mariager-Chief cnginccr and eroated by public treed, community expansion and/or resources availability. July 1970 to ,Tune 1983-Assis ant fleputy C.'hicf T,ngincer, Coachella Valley 'Water District. - nder general direction, assist th.e UcpLrty Chief )engineer in the overall supervision and administration of a 42-person multi -disciplined engineering departrneait responsible for irrigation, drainage, sanitation, domestic water, stormwater, water conservation and water quality laboratory. September 1973 to July 1976--Urban Water Engineer, Coachella Valley Water District, Responsible for the design find construction of all domestic water and sanitation projects cFthe District. Domestic water projects include design and construction c1~w. Als, reservoirs, booster pumping stations and numorous trallsmission and distribution pipelines. Sanitation projects include tlic design and cOnsiructicin o1'n wusLew ra.Wr pumping station and sGvurtaI miles of sewer. June 1972 to August 1973-Sanitation Engineer, Coachella Valley Water District, Responsible forall sanitation activities of District including preliminary and final design, coordination with consulting engineers, State Water Resource Control Board, Environmcnta.l Protection Agency and custumerrelations. 1963 to 1972-Systems Engineer, R.oekctdyne, Canoga Park, California. Investigated all aspects of flight and f field pre}blems of a liquid pi-Opellant t-ocket engine. Board Member, State WaW Project C mtractors Authority (JI A), 2003 to 2011. Treasurer, Water fiar [lie West 1bunclation, 2002 to 2016. Budgot Committec Chairman, Colorado River Water UJ ers Association, 2000 to 2011 Audit Committee Chairman, Colorado River Water UJ cos Assnciatiori, 1986 to 2006, Sceretary, Colorado River Water Llsors Association, 2000-2001. State Water ConVactors, 1nc., fast President and Board member 1987 to 2005. General Manager, Colorado River Auth�srity oFC;'aliFornia, 2007 to present General Manager, Six Agenq Committee, 2007 to present Professional affiliations Diplomate (stet), American Academy of Water Resources Engineers American eSociety of Civil L agincors 53 EXHIBIT B r I L -4 TERRA NOVA PLANNING & RESEARCH, 1N .v MEMORANDtJM November 11, 2021 TO. Eric Ceja FROM: Kelly Clarks SUBJECT: DSRT SURF Water demand Analysis A Water Supply Assessment (WSA) was prepared for the DSRT SURF project (Project) in 2019 that analyzed Project -specific water demands and potential impacts to thtm local and regional water supply. At that time, the Project included a 5.5-acre surf lagoon and associated amenities, up to 350 hotel rooms, up to 88 residential willas, and landscaping. The WSA determined that the 2019 Project would result in a gross water demand of 165.21 acre-feet per year (AFY) and a net water demand of 58.46 AFY after accounting for the turf redaction program which resulted in a savings of 106.75 AFY. Fcr comparison, the net 2019 Project water demand of 58.46 AFY is less than the gross water demand for the 350 hotel roams and 88 villas combined (60.99 AFY) see below). The 2019 water demand breakdown is as follows. Surf Lagoon; 71.04 AFY: Cloward H2O (2019) provided an annual water demand based cn the following; c volume: 6,900,000 gallons, Assumed a complete filling annually, Area: 236,720 SF (approx. 5.5 acres} Water Loss: An average of 1,121 gallons/day from backwash and 45,177 gallons/day from evaporation, for a total of 46,298 gallons/day (16.898,770 gallons/year). * Evaporation was calculated using two methods: 11 25+ year weather data for average monthly temperatures, humidity, wind, cloud cover and solar radiation rates; 2) published monthly pan evaporation rates for the area.l + Surf Lagoon Amenities; 15.28 AFY; Includes C06, restaurant, tsar, restrooms, maintenance, Standards water demand rates. * Hotel and Villas; 60.99 AFY: Includes 350 hotel morns, 88 villas, hotel Spa, villa clubhouse, and maintenance and equipment buildings_ Standards water demand rates. • Swimming Pools; 7.36 AFY. ansite pools/spas. Assumed one complete fill annually and total loss due to evaporation. • Landscaping; 8.54 AFY of Recycled Water: 120,159 square feet of landscaped area, including 11,795 square feet of turf and 108,364 square feet of native plant materials. CV1WD MA1 A calculation was used. + Turf Reductions Prag ram for fiisecIiff and Mountain View Golf Courses:-106.75 AFY. Water Sappy Assessment and Water Supply iler;frcatlor+ fur the 05RT SURT Project, prepared by Terra Nova Planning end Research lnc May 2019 42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 54 The project was amended in 2020 and resulted in a 27% reduction in commercial space, 71% reduction in restaurant/bar space and 53% reduction is hotel and villa building square footage compared to maximum buildout assumptions analyzed in the 2019 EIR and WSA. The water demand For the 2020 project was analyzed using the assumptions shown below; • Surf Lagoon 73.04 AFY; Same assumptions used in the 2019 EIR/WSA. • Surf Lagoon Amenities; 2.62 AFY: Includes ancillary uses, maintenance, general retail_ • Hotel and Villas; 22.79 AFY: Includes 92 hotel rooms and 83 villas. ■ Pools/Landscaping; 15.9 AFY; Same assumptions used in the 2019 EIR/WSA. • Turf Reduction Program,-106.75 AFY; Same assumptions used in the 2019 EIR/WSA. Buildout of the 202C Project would result in a gross water demand of 114.35 AFY and a net waterdemand of 7.6 AFYr after accounting for the turf reduction program. For comparison, the net 2020 Project water demand of 7.5 AFY is equivalent to the annual water demands of 58 villas. The 2020 Project's water demand is detailed in the EIR Addendum pi-epared for the Project and submitted for review as part of the current entitlement Package. Similar projects in the Valley, specifically the Wave at Coral Mountain in La Ctuinta (the Wave), used an oversimplified CVWD evaporation rate for the wave pool based on a "Plant Factor of 1.10 for a stationary body of water, and 1.20 for a moving body of water.-2 The a nalysis does not appear to account for annual loss due to backwash, spilling, or potential refilling of the wave pool. Compared tc the La Quirlta wave project, p5RT SURF used conservative water demand estimates that assume the surf lagoon will require complete filling each year, accounts for water loss due to backwash and Spilling, and uses historical weather data to account for monthly temperatures, humility, wind, cloud cover, and solar radiation that affect evaporation rates_ a Coral tlrloun47in Spedlfk Plan WSA, prepared by MSA Consulting. Inc. March 2020 55 Via Erna it Mr. John Gamlin CM Wave Developrnent, LLC Dear Mr. Gamlin: You requested that I provide an update on the status of the ongoing Colorado River drought -response discussions, including the August 16, 2022 announcement by the federal government that the Level 2a conservation measures previously agreed to as part of the 2019 Colorado River Drought Contingency Plan are being imposed for calendar year 2021 By way of background, I worked for the Coachella Valley Water District for 30 years serving as its Sanitation Engineer, Urban Water Engineer, Assistant Deputy Chief Engineer, Assistant to the General Manager, Assistant General Manager and served as General Manager -Chief Engineer for 16 years. ; consulted with the District for tern years after retiring. During my time working with the District, I recognized the need to address the overdraft in the lower Valley, and started pilot recharge programs in the lower Valley, and developing the technicaI and legal support for the District's increasing its supply of water. ; served as the lead negotiator for the District on the Quantification Settlement Agreement which provide additional water for the Valley_ I have Bachelor of Science in Engineering from UCLA, a Master cf Science in Civil Engineering from USC, a Master of Science in Environmental Engineering from Loyola University ant€ a Graduate Certificate in Administration from UG Rive rsI'd e. I am a Professional CiviI Engineer licensed in California and a Diplornate of the American Academy of Water Resources Engineers. A further description of my experience and expertise in water management is attached as Exhibit 1. Exhibit 1 56 1. On August 16, 2022, the U.S. Bureau of Reclamation released the Colorado River Basin, August 2022 24-Month Study, which intluded a determ! n at ion that Lake Mead would operate under its Level 2a Shortage Condition for calendar year 2023. The Level 2a Shortage Condition applies when the projected water level for the end of 2027- falls below an elevation of 1,050 feet but above elevation of 1045 feet. A copy of the Bureau's announcement is attached as Exhibit 2. 2. Under the 2019 Colorado River Drought Contingency Plan, the Level 2a Shortage CorEdition in Lake Meats requires Arizona to contribute 592,000 acre feet (AF), appoximately21% of its annual apportionment of Colorado River water, to remain in Lake Mead. Nevada is required to contribute 2.5,000 AF, appraxirnately 8.3 of its annual apportionment. These mandatory contributions to Lake Meat} Implement the agreed provisions on the 2019 Drought Contingency Plan, which will remain in effect through 2026. Mexico will contribute 104,000 AF. California is not required to make any mandatory contributions to Lake Mead at the Level 2a Shortage Conditlon under the Drought Contingency Plan, clue to its water rights. The contributions frown Arizona, Nevada and Mexico total 721,ODD AF per year. 3. To understand why California has a superior position concerning water from the Colorado River, it is helpful to understand the history of agreements govern ing the use and allocations of Colorado River water. a. Under the 192.2 Compact, the Lower Division states receive 7.5 million acre-feet per year of Colorado Diver water. The 57 1928 Boulder Canyon Project Act gave California 4.4 million acre-feet per year from the Colorado Diver. Arizona received 2.3 million acre-feet per year and Nevada received 304,004 acre-feet per year of Colorado Rive water. b. The 1931 Seven Party Priority later Agreement gave the agriculturaI water agencies the first 3,8.E million acre-feet per year of Colorado River water, The Metropolitan Water District of Southern California and the City of Los Angeles received the next 550,000 acre-feet per gear of Colorado River water. These amounts total California's 4.4 million acre-feet per year allocation of Colorado River water. c. The 1944 US Mexico Water Treaty provides Mexico with 1.5 million acre-feet per year of Colorado River water. However, during an extraordinary drought, Mexico allotment will be reduced in proportion to the reduction in United States consumptive uses. 4. If the water level in Lake Mead is below an elevation 1,045 feet on January 1, 2024, then an additional level of mandatory contributions will occur under the 2019 Drought Contingency Plan, including a requirement that California contribute 200,000 AF. The total contribution of Arizona, California Nevada and Mexico will be 921,000 acre-feet when take Mead falls below elevation 1,045 feet. CaIifom!aIs contributions increase to 35 0, 000 AF if water levels fall below an elevation of 1,030 feet. The total contribution of Arizona, California Nevada and Mexico will be 1,188,000 acre-feet when Lake Mead falls below elevation 1,030 feet. S. CVWO is responsible for approximately 7% of these potential reductions in Colorado River water by California, which amounts to a reduction of 14,500 AF if water levels fall below 1,045 feet. However, this is only 3,6% of the 399,00O-acre feet of Colorado River Water allocated to CVWD under the Quantification Settlement Agreement. CVWD's reduction of Colorado River water deliveries increases to 24,500AF if water levels at lake Mead fall below 1,030feet. This is described in CVWD's 2022-2023 Firai Engineers Report on Water Supply and Replenishment Assessment, at pages 2-5 and 2-6, which is attached as Exhibit 3 to this memo. The 2019 Colorado River Drought Contingency Plan is also discussed in the Indio 5uWas! n SG MA Alternative Plan 2020 Update, at page 7-51, which was approved by CVD in December 2021, and was previously provided to the City of La Quinta for inclusion in the administrative record for the Coral Mountain Resort project, 6. The vast majority of reductions must be made by the Imperial Irrigation District, which holds approximately 7D% of California's total apportionment of Colorado River water, and the Metropolitan Water District of Southern California. The California agencies have undertaken several projects to reduce fosses of the Colorado River water brought into California, These include lining the first section of the Coachella Canal, lining the Ali -American Canal, lining the middle section of the Coachella Canal and Improvements to the I I D distribution system. 7. Cvwlys long-range plans and forecasts already account for these potentlal reductions in the delivery of Colorado River water daring extreme drought conditions. Chapter 7 of the Indio Subbasin 2020 Update describes five different 50-year groundwater level modeling scenarios used to project future groundwater levels in the Indio 5uhbasin. All five scenarios take Into account all planned future growth in th8 Coachella we, Valley, and four of the five scenarios also take into account reductions in imported water due to climate change and periods of extreme drought. Those four 'climate change" scenarios assume a worst -case scenario under the 2019 ❑rought Contingency Plan, under which CVW D is required to contribute the full amounts required, ganging from 14,500 AF to 24,500 AF. S. While CVWD's long-range forecasts are considered fully up-to- date and accurate, I a Iso expect the Lower Basin states to continue their ongoing discussions to voluntarily reduce their Colorado River water deliveries further until water levels in Lake Mead and Lake Powell return to more normal levels. While it is impossible to predict the outcomes of these ongoing discussions with certainty, we fully expect that all pa Wes, including CVWD, may agree to further temporary reductions in the delivery of Colorado River water. 9, 1n the d iscu ssi ons to date, California water districts have discussed agreeing to additionat reductions totaling between 400,000 and 50D,000 AF, which would largely be accommodated through voluntary reductions in deliveries for farm irrigation. It is anticipated that farmers will be paid to temporarily fallow a portion of their fields and/or available funds will be used to install water efficient lrOgation methods to create a permanent reduction in irrigation water needs. The recently passed Federal Inflation Reduction Act provides $4 billion for use in the Colorado River basin to reduce water use, jnclud ing paying farmers to fallow fields. 10. The above deals with the activities in the Lower Basin and Mexico, however, the Lipper Basin is also working to conserve water to provide more in Lake Powell and to meet the cornmitments in the 1922 Colorado River Compact. These activities provide more water into Lake Mead and to the water users in the Lower Basin. 11. Based an the ongoing discussions and the existing Drought Contingency Ptan and established water rights, I do not believe any required or voluntary reductions in Colorado River Water received by CVWD will significantly impact CVWD's ability to deliver potable water to its existing municipal water users and the planned future development through buiIdout ofthe General Plans of the cities in the Coachella Malley and Riverside County, and to conti n ue its long term groundwater recharge prograrns in the Valley which have raised the groundwater levels In the Valley. As shown in the Indio Subbasin 2020 Plan Update, reductions ire imported water may result in temporary reductions in CVWUs ongoing groundwater replenishment efforts, but it WiII not prevent CVWD from supplying its existing customers and planned future growth, nor will it interfere with CVWD`s long-range groundwater management efforts, which project a continued increase in groundwater storage levels in the future. 12. CVWD has identified projects that will provide additional Water supplies thatcan be used to meet the needs €n the Coachella Malley in the event at reductions In Colorado River water deliveries, They Inciude a combinatiion of the following: a. Paying agricultural water users within the District to tallow land, b, Increase the reclamation of wastewater from plants within the District and reusing the water to replace Colorado River water a other water used for groundwater recharge, c. Reclaim agriculture drainage water and reuse it, 61 d. Provide funding to agriculture to convert to more efficient irrigation methods, e. Provide funding to urban water users to improve their efficiency, t. purchase water from other water users outside the district to be transferred to the District with credit for the additional water. g. Temporarily draw down the groundwater stored in the underground aquifer that has beers recharged with a net increase of more than 840,000 acre-feet of water through conservation and replenishment efforts since 2009. Such Ilmited, temporary withdrawals of the water added to storage will not have a significant impact on the aquifer or CVWD's ongoing efforts to increase long --term storage levels in the aquifer. 2, , d Thomas E. Levy, P.E. August 22, 2022 Atta chm er ts: Exhibit 1; Curricuiurn Vitae Thomas E. Levy, P.E. Exhibit 2: Bureau of Reclamation 8/16/2022 announcement Exhibit 3: CVWD's 2022-2023 Final Engineer's Report on Water Supply and Replenishment Assessment, pages 2-5 and 2-6 62 CURRICULUM VITAE of Thomas E. Levy Certificate in Administration, Graduate Level at University of California at riverside, 1983. Master of Science in Environmental Engineering, Loyola University of Los Angeles, Los Angeles, California, June 1972. Master of Science in Civil Engineering, University of Southern California, Los Angeles, California, January 1969. Bachelor of Science in Engineering, University of California at Los Angeles, Los Angeles, California, 1963. &2iggMtion California Civil Engine ring Certificate C-23078 January 2003 to Present, Consultant. Provided consulting services to Coachella Valley Water District on Colorado River and State Water Project issues. Negotiator on the Colorado River Quantification Settlement Agreement. Provided management services to Riverside LAFCQ on service reviews orwater and wastewater agencies. Provided assistance to water districts on various matters. Provide assistance to developers. Provide consulting on local and Colorado Riverwale r resources issues. March 1986 to December 2002-General Manager -Chief Engineer, Coachella Valley Water District, Post Office Box I O58, CoacheIla, California 92 23 6. Responsible for engineering, operations and maintenance of a multi -functioned special district providing domestic water, irrigation water, drainage, sanitation service, water conservation and flood control. Manage activities of more than 40O employees in the above areas with a budget of $102 million. Responsible for operation and maintenance of six water reclamation plants serving snore than 75,000 users. Direct domestic water service to nearly 87,000 users. Supervise irrigation canal and distribution system serving 60,000 acres with 300,000 acre-feet of water annually. Active in Colorado River and State Dater Project issues. Served on California Bulletin 160-98 Task Force (state water plan) and California Drought Task Force. Served as member of State Water Contractors nego tiati ng team for the Monterey Agreement and PGL settlement. Lead negotiator on Colorado River settlement discussions including the Qualification Settlement Agreement. August 1984 to February 1986---Assistant General Manager, Coachella Valley Water District. Responsible to the General Manager -Chief Engineer to administer programs or projects assigned by the General M a nager-C h i ef Engi neer and created by public need, community expansion and/or resources availability. Exhibit 1 63 July 1983 to August 1984-Assistant to the General Manager, Coachella Valley Water District. Responsible to the general Manager -Chief Engineer to administer programs or projects assigned by the General Manager -Chief engineer and created by pab1ic need, community expansion andlor resources availability. July 1976 to June 1983-Assistant Deputy Chief Engineer, Coachella Valley Water District. Linder general direction, assist the Deputy Chief Engineer in the overall supervision and administration of 42-person multi -disciplined engineering departinent responsible for irrigation, drainage, sanitation, domestic water, stonn water, water conservation and water quality laboratory. September 1973 to July 1976--1_frban Water Engineer, Coachella Valley Water District, Responsible for the design and construction of all domestic water and sanitation projects of the District. Domestic water projects include design and construction of wells, reservoirs, booster pumping stations and numerous transmission and distribution pipelines. Sanitation projects include the design and construction o f a wastewater pumping station and several miles of sewer. June 1972 to August 1973-Sanitation Engineer, Coachella Valley Water District. Responsible for all sanitation activities of District including preliminary and final design, coordination with consul t 1 n g engineers, State Water Resource Control Board, Environmental Protection Agency and custornerrelations. 1%3 to 1972-Systems Engineer, Rocketdyne, Canoga Park, California. Investigated all. aspects of flight and field problems of a liquid propellant rocket engine. Other professional involygment Board Member, State Water Project Contractors Authority (,IPA), 2003 to 201 1. Treasurer, Water for the Nest foundation, 2002 to 2016. Budget Committee Chairman, Colorado River Water Usem Association, 2000 to 2011 Audit Committee Chairman, Colorado River Water Users Association, 1986 to 2006. Secretary, Colorado River Water Users Association, 2000-2001. State Water Contractors, Inc., Past President and Sward member 1997 to 2005. General Manager, Colorado River Authority of California, 2007 to present General Manager, Six Agency Committee, 2007 to present Professional affiliations Diplomate (Ret), American Academy of Water Resources Engineers American eSociety of Civil Engineers To: All AnnualiDperatfng Plan RacfplanM From: Noe5anb& P.E. Rhmr Operations ManaGer Boulder Carryon 03pofalians 0 aloe Infariar Ragicn & Lower Cobfado Basin PA Bout 6100 9oulderCtty, NV8900&1470 Phone: 1702) 203 8190 Frgm; Heather Patna Acting SuperWsor, Water kAanegemertt Gmup wafOraad Power Division Fo;w Office lyderior Region 7; Upper Cotorado Basin 125 South Stale Sk'eat, Raora 8100 Salt Laka Cty, t17 94139-5571 Phone: (801 ), 524.388D " ' r fllllkT.AU Or — RE C i AMA71 OAF This aperatlan of Lake Pawed and Labe MW F1 Us August 2022 24-MoMh 81u* is pursuant to Om Df: came r = R=fd Of Dedaioa on Colorado River lntrffinr Guidelines for Laver &asin Shadagas and trw Cooronaled Operadanaa#Lake Rowel and Lake head (Interim GUdelines). and refleets the 2022 Annual Gparm%g Plan (ADP]_ Pursuerh to" Interim Wdelines, the August 2621 24-Month Sludyr projeckm of the ranuary 1, 2o22, sWem stavage end jeservoir roarer surfacealava#fons r.91 the ap m$onal tier for the coordinated operation a1 Lake Pcwal and Latea Wad during 2022. The.4uousl2ty21 24-lMonth Study pR> mclad Iha January 1, 2022, Lake Powell elevation to be less than W5 feel and alor above 3.325 feet and We Lak* Mead 0Wv0 ion tv be atar akx" 1,02;r feet Consislant vAth Saedon B.C.1 of Iha lntefim Guidelines The optsratlonel ller for Laka Pflwel In water year 2022 is the PAO- Elevation Flalease Tier. The Augusl2021 24-Month Skidy Projected Iha January 1, 2022 Lake Mead elievalo„ to be at or below 1.075 "and at or above 1,050 fast_ ConsWent with 9ecllon .i aflhr Iftter±rn dtlelnfis, a Sharfage Condltipn cansister I1.nRt sfa�tion a_a.1 +v111 gr}ve n tl�e operation pf Lake Mead forcalend&F year (CY) 2022. Rt 2 ddidon. Section 111.13 of ExhiW 1 to the Lower8asin Drair0l,i Coftiinguncy Plan t;ElCP) AgreamentvAl also govem be operation or Lake Wad for CY 2022. EH " Lv oanaer m additional water In Lnkfa Mead under a 202 f Lower Ba sin f nlarandufn of Undersland Ing YOU) to facill late near-lerm acliar'rf3 to meintaln the waler suq• ceelevalian of Lake Meadwll also take pFace at CY 2D27- kl G9ht Of Nt0 prolonged drought, low runoff 4nnddion3, and depleled storage et Lake PQvmll. the Daperlmntef the In kwiw implenerrled an aclinn "rider seetions Sand 70 of tha.2007 kder m Guide llnes specfiicaly re&c: ng the Glen Canyon MFn annual relmas0a la 7.00 mat i'swalar yaar 20221. This .WA;on waa undertaken in cwqunatibn wih the 2022 amughl Response OGerations PIEO aclionswhkgh t000lher a* araielpnted to add approxwrr8taly nits millb;m addltrof+ol acra-faet pf storage to Lake P wetl by April 20 . The OeG2rkrtienloi kite rand Rooiam6ltion W7 warp 0 datwrnina the rt,<anner irk which to operate i31en Caoywr Dahl to ensure the beneftsof tM se actcom are preserved Thu mducGnn of rebmas from lake Powell from 7.48 Prof la 740 maf h wmteryear 2W2nr111 result In a reduced retaaae volume od 0.4ao ti18f that norms ly %%W nave been fused front Glen Canyon Dam lb:m LAo Mead a5 Fart al the T.48 rltaf t rinuial felea9_ vanme, e6Crsistenl with routine operations undef the 21M7 lnlerim Guidalfnes_ ThR reduction of mlawes barn Glen Cany'*ni Darn In water year 2022 (reWIN In increased slc a�ge In Lake Powall) YAII not affect future operating delerminatians and will be Atwunfed far'zs it" This volume of waler had boon dor'wered to Lake Mead. The Augusi 2022 24 Momh Study modeled 202$ and 2M24 flparations sl lakes Powell and Mead as if the 0_A80 rnaf had beer. deiivemcr I❑ Lake L&MO for operating condltfon purposes both forihe Lr.S, Lower Sash one For MOADD. Tee ale raliarrs if6led in this report rMlaetthe pfjc4!r3 fta+cat ofavations el sad, resefWFf after iMPlemenLV9 aperatiDM as CIMAted. Using the appfo&oh described in pre lrxmdiataly preoedtng vamgmph, the Ato 6lnt 2022 24•Month Study pe3ects the Jarwaiy 1, 202 Lake Powell slawwn l4 5e less Ikran 3,525 bet Comjstent with 8ecttan 6_D_1 ol W fr*e&n OvideGnes, Lake Power's operations invwater Vow2023 will be governed by the Lower Elevinflen Balancing TrefvMh On initial prciedW wateryfrar release volvow of 7,01D roar. BuMuse ate W22 operakormware deskjned to protect 104eW elevatilunsat Lake i POrmore lnlermahrn•?•Ilte7.+krvnv_ushr gevJueltSncL�rarnlP9nnor2R32GSti4.?4 EtQ,�.,{`,tlnrr[�,�.,nnrrre7�,Rrx.���y�,LM�_'r�b�6ro�r r For room Ynlcrmw lw; five ushr �hr _ .?42 IIR— 6niahhfi•A rw pg Exhlbit 2 65 7a= All Annuat Operatng Plan Recipients From; Noe Santos, P.E. River Operations Manager 8oulaer Cenyort 0peratons Office Interior Region[ 0. LawerCalvradu Basin P.O. BOX 61470 Boulder Clty, NV 49006-1470 Phone: (702) 203-S190 From, Heather Patna Acting $uPmI=, Water Management Group Waterand Power DivirWorl, PotrrerOftice Interior Regan 7, Upper Cobra& Basin 125 South State $Ireet, Hoorn 8100 Satt Lake City, UT BA 13"571 Phone; (801) 574-3M - - SURF:113 OF — RECLAMAT3Old The operslion Of Lake Powell and Lake Mead it this August 3022 24 •MonU1 Study is pursuant to the 1]ecamt>er 2X7 Renard ref Cecigign on Colorado River Irtitiarim Guidelines for Lower Basin Shortages and the Caordilated Operatiansof Lake Powell and Lake Mead pnteft Guldelin,"y and reflects the 2022 Annual Operating Plan (AOP), Pursuant to the Interim Guidelines, the AugusL 2021 24-Manih Study projecttcris of the January 1, 2022, system nj=go and resmoir water surface elevatimm set the G ombonoi tier for ft coordinated operabOr1 of Lake Powell and Lake Mead daring 2t122. The August 2021 24-tulonih study projecrad the bnWry 1, 2022r Lake Poured 4919vaticn is be less lhan 3.575 feet and at or above 3,fi25 fast and #tie Lake Mead elevation to beat or above 1,G25 feel- Cornsisberlt with Secbon 6, C.1 Qf the Interim Guideline* the operational tier fw Lake Rowel I in water year 2522 IS the NI6- rmlevafion FtWease Ter. TheAugust 2021 24-Month Study projected the January 1, 2022 Lake Mead elevat+on to be at or below 1.075 feet and al of above 1.050 feet. Consistent with Section 2-a-1 ofihe Interim Guidelines, a Shortage Conditlon conslstenlwith Sion 2-❑-1-a will gowm the operation of Lake Wad for caiandar year (CY) 24022, In addition, Section 11111.13 of Exhibit 110 the Lower Sam Drought Contingency Ptar+ WP) Agreemenlwill also govern the operation of Lake Mead for CY 2022. Efforts to conserve additional water in Lake Mead under a 2021 Lower Basin Memorandum or Understanding (MCU ) to Wililate near -term actions to maintain the water surface elevation of Lake Mead will also take place in CY 2022, In Ilght of the prolonged drought, low runoff aondirr❑ns, and depfetea storage at Lake Powell, the bepartmrlt of the lrtiterror implemented an action under Suns 6 end 7. O of the 2007 Intenm Guidelines speeificalk�r reducing the Glen Canyon Darn annual releases tv 7.00 maf in rater year 2022'. Th is aGgon ryas undertaken in canjunotign with the 2CC2 Pfetjoint Response Operations Plan> actions which Lcgether are antrci paled to add approximately one mililim additional acne -feel of Storage to Lake Powell by April 2023. The ❑epartrnmnl of Interior and RecLamaiian wilt *0Fk tv determine the manner in which to operate Glen Canyon dam to insure the benefits of these actions ate prewryod, The reduction of releases front Lalte Powell from 7.48 fiat to 7.00 mat in water year 2022 will result In a red, @d release volume of 0.484 rust that normally would have been released from Clan Canyon darn to Laka Maed es park of the 7.48 maf annual release volurrtia, consistent with routine operations underthe 2M7 Irrteran Guidelines. The redu❑Gon of releases tram Glen Canyon dam In water year 2U22 (resulting in increased stases in Lake Powell) will not effect future operating deleirn inalfprls an d Wig be acaountwd tpr "as it this volume of water had been delllwsW to Lake Mead. The August 2022 24 •Math Study modeled 2023 and 2D24 operations at Lakes Powell and Mead as if the 0AB0 maf had been delivered to Lake Mead for operating nand itaon purposes both for the US Lower Basin and ror Mexico. The elevations listed in Ihis report redact tha projected physJeal elevations at ean reservoir attar implant entirxd operations as descnbad. Using "approach clawibed in the immediately preceding paragraph, trtie August 2022 24-Month Study projects the January 1. 2023, Lake Powell elevatbrti to be less than 3,525 feet. Content with SCCtiorl 6,Lr.1 of be Intorna[ 0uidelines, Lake Powelil's operations in water year 2a23 will be governed by the Lower Elevation Satanc" Fier with an Initial projected valer year release volume or 7.00 rnaf. Because the 2022 open bOriswere designed to protect crltit,al elevathr[s at Lake rfiormor#IMorrnailon epWw.tlFkraw+�doaeG6rarylP�ansJ2a22Lnaa-2t2zoaan-GrenCanym[❑ae,OyarslionsneCj, 41tl�rrar-5o9flo�nef }FGrtmre lrwrrnoillon, Nicn nww.n r pdf Powell, Redlarnation YAM implement Lower Elevation Balancing Ter operations In away Thal continues to protect ttvase critical alavations, or preserves the benefit of the 2022 opemlions to protect Lake Powell, in water year 2023. Specifically, Rerjamation modeled operations in WY 2023 as Follows in the August 24-Moat h Study: + Tne Glare Canyon Cam annual release has initially been Sot 10 7.00 mall, and In Apr1I 2023 Reds;rration wdl evatuate ltydroFcgro torrditiorr5 kR de16Jr11ine if balancing releases mey lee aWmpnate under ifie wndiigns askablished in the 20D7 Interim Guidelines: . Balancig releases will be limited (with a mine'num of 7.00 maf) to prvteck Labe Powell from declintrg below elevation 3,525 feet at the end nt DeCerhber 2023; Salancing releases will take Into acmunt operational neulralily o€the 0.480 mat that was reialned in Lake Powell under the " 2D22 action,1 Any Lake Powell "Maxine release volume will be calculstsd as if the OA8p rnaF had been delivered to Lake Mead in WY 2022, and . The modefing approach for WY 2023 will apply to 2024. Consistent with IN provisions of the 2D07 Imerim Guidelines, and to preserve the banafhts to C31Rn Canyon Derr 1$c1111Ws from 2022 Operations into 2023 and 2024, Recldmati4n wile consultwith the Basin states on monthly, and Ronual operations. RediamaGon will also enisure all appropriate oansullatlon with Basin TOws, the Repohlic,of Mexkxx . other federal agencies, water users and non-governmentalorpnizatons with respecl lR Impl emenla bon of these monthly and onnuaal operations. Reclamation wig Continua to carefully monitor hydrologic and Rperalional conditions and assess the need for addition at responsive actions aodlor Changes to operaHorm f:�eda•' atlon will C�nbnue to consult with the Basin Slags, Basin Tribes, the Republic of MexiQo. and other parinars on Colorado River operations to oonstder and rletatrnine whelher additional mcasunas should be taken to further enhance the preservation of these beneflls, as well as recovery protaoots, including view of future prateutiva measurn for both Lakes Powell and Ntead. The August 2022 24-Monlh Skidy projects the January 1. 2023 Lake Mead elevaWn, determined as if the 0.480 maf had bean delivered to Lake Mead In water yonr2022, lobe below 1,05D feet and above 1.0451eet, Consistarhtwdh Section ID.t of the Interirn Guidelin", aShortage Conditionconsislenl with 5eclion 2.DA.b will govern the operation of Lake Mead for calendar year 2023, In additirlt, Section 111.6 of Vxhibit 1 to the tpwgr Basin OCP Agreethent will govern the operation of Lake Mead for calendar yaar 2023. Efforts to oonsetve additional water In Lake Mead under" 2021 MQU Wit also ocntinue it CY 2023. Currenl runoff projedons into Lake Powell are proutded by t w Naklonal VVe3lher Servioe's Colorado Basin River Forecasl Center and are es faloWL The observed unregulated lnllow Into Lake Powell faF the month OfJOY was 0.491 rnef or 51 percent of the 30-year average from 1991 to 2020. The August unregulated InRow kwecest for Lake Powell is 0.250 m 2f er &6 portent of the 30-year drerage. The prelimina ry Observed 2022 April through July unregrlated inflow is 3.75 maror 59 percent of average. In this sludy, tta calendar year 2022 diversion for Metropolittan Water Cistriet of Southern Caflorrlia (INAWO) is projected to be 1.08 mef. The calendar year 2022 diversion for the Central Arixana Projee# (GAP) is projected tq be 0.8$7 mef Consumptlue use far Nevada above Hoover (SMP Ilse) is prgeCwd to be 0.238 maf far calendar year M2. Due to changing Lake Mead elevations. Honver's generator capacity is adjusled based on 091Imaled Offeclive capacity and plant availabiCly, The estimated effective cspaaty is based an projected take Mead elevaborts, Unit caMlly tests wA be performed as the lake elevation charges. This study reflects these changes in the projeel ions, Hoover, Davi&, and Parker Dam hfstorical gross energy figures came from PO&M repRlta provided by the Lower Colorado Region'$ Power OffaCe, Bureau of Reclornalicn, Boulder City. Nwrada. Quastionr, nagardiing these hfslorkat enway numbers can be directed to Colleen D"t at (702) 293-8A20_ MA Runoff and whflow projections into upper basin resanurs are Provided by the Caiarado River ForemsdN Serwioa through the hlatignaI wealher Service's Colorado Bash River Fflrecaa# Cente r and are ae follows in tthoumand sm-feet (kao: Reservoir Observed Inflow La Jul In Forecast fkan PralirflinafyObserwed r may Jun I Jul Myg ALjq Sep Oct -Jul 968v 11-2w@ Powell 594 1381 1284 401 61% 250 240 350 375D 59% Fon#errelle 30 63 241 102 60% 43 35 36 456 62% Flamir�yGorge 66 88 274 124 61% 47 37 44 552 571k RkA Wga 62 177 133 59 55% 38 28 29 431 68% MOFrow Point 65 186 134 60 53% 40 29 31 445 64% ,,Cfystal 73 203 145 64 52% 43 32 34 486 63V. Taylor Park 7-8 27 26 11.3 61% 7 5.5 5,$ 72 77% Valleello 27 83 26 1 s.$ 7611A 13 10 9,5 125 71% Navajo 123 16T 47 44 92% 32 30 29 381 W% Lemon SA 16.2 5-2 4.9 881A 3 2.3 1.8 32 67% MvPhee 41 72 22 8.5 44% 6.5 6 5 144 56% Ftlidgway 7 19.7 17.6 12,6 66% 8.5 6 5 57 62% Dearlbdge 123 425 314 49 56°l i4 10 24 916 7$°le ,Durango 35 112 5•i 29 491A 22 18 17 230 6056 The 2022 AOP is available online al: htlpsJfwww.usbr.gQ.OUre iivnlg4OOD1aop4AGP22.odf, The Interim Guidelines sre available online at: ^� https:ltwww, RJsbr,gd�+lGr�egionlpmgramslsirateaieslReCor�do}OeClsron.r]df. The Colomado River DGPs are avapah15 onHno a(: hltps:fFxww.ustir_AowfdeafRna6d oe;�hlml The 2021 16wer Basin MO is available oniime qt: httus:fhwA-4y.ug,2l gQyO.cimgiQnlw4ODDf2O21 MOV..�Jf, The Upper Basin Ofoughl fie POMG O}herati06s ftreemerlt i5 online al_ hops:fl+rrww.ushr.gavfdcraldr�. htrnl. Tthe Upper Basin Hydrology Wmmbry is avaiable online at: helps:flwwwusbr.00ytuchvaterlcrsW&ixAiesf24Month 08 utD.uef. OPERATION PLAN FOR COLORADO RIVER SYSTEM RESERVOIRS } August 2022 24-Month Study �11041 Probable Inflow' — B1JKFAU UI; — RLCLAMATION PonteneQe Reservoir ndguwld Ev" ramlr Ohm" TGUI r Podmmir17aY Lira .._ Y..! InA*Dw wrsxs Rtieaid nilealf Ael+see rAdr1wmh S101aw Gal. f1404 Ac4n) 0460 Au Pq j$SUDAR-Flh JINN ACflj f1000 AGFlh fell M090 Aq,14j Aug MA 35 2 44 0 47 547s.52 247 H Sed 2021 26 2.._. 36 �4M 9 ]d 6491,62 730 I VN 2021 fit 1l !L R#i I W2021 $7 i 33 4 t7 ea9i ez 229 S Mw2021 J9 7 43 0 44 4491.01 229 T Uet2021 29 1 SO 0 60 e107ea 203 4 JanU22 20 1 51 0 U 040,100 lee R . POE 2422 a 1 46 0 . 49 0479W 157 I Alan3022 a0 1 58 0 60 ea7e.es 151 C Rpt 2M 69 1 ! Al 49 ei711.74 102 A J1rY 20 t 83 1 iT 8 35 6079.36 758 L fun 2OU 241 2 e2 0 U 9502.% 315 ` Jul zm K2 2 83 1i 93 5504.34 521 Aug M22 43 2 Ba In 63 001.44 3" 2 56 In 69 64 2" 1UY 1b22 734 11 612 96 971 00 M22 36 1 fit 0 81 44N.23 2S6 Mi 2M 34 1 $y 0 54 NM.45 230 Doc NU 215 1 EO 0 69 6465.40 997 ale =3 7s 1 90 0 99 d479.40 163 Fab 2023 24 0 6a In da 4473.14 lag Mar N" 42 0 46 0 66 64ee.99 114 AFr 2A23 G$ 1 N 21l 62 4459.W 110 flopzam 130 1 7p 0 }0 64W.52 169 .1pn 2023 279 2 let 15 147 4409.66 295 rut 21123 105 2 102 25 124 4564.22 331 hug2023 68 2 80 0 99 4541.Je U5 65 O e5 4497.74 2.01 WY 2023 029 16 014 N 112 00 2073 46 1 94 0 4e 0104.52 359 fl"2073 4Y 1 64 o 184 $491 X 236 des 2CD 32 1 ea o 46 64e499 201 Jeri 2024 31 1 66 0 6B 8479.97 *0 Feb 2024 29 0 62 0 62 6473.14 122 MW 2924 51 I1 e6 0 46 6168.76 117 Ap12024 77 1 34 37 71 5471)95 122 May 2024 lee 1 91 0 E3 6186a1 204 Jun 21324 Sol 2 101 99 202 0306.24 309 Jr/2024 146 3 101 10 Ill 6504.3e 352 ' Baiad on lee Cololaea PJ14e Bdsin FewrAsl Cmiurls Mug KDbable Wader Supply Fereeasi 616de1R4n d}]160 Pru—.dit9A2d033 7:55ASAW • W OPERATION PLAN FOR COLORAQO RIVER SYSTEM RESEIRVOERS August 2022 2"Onth Study Most Pwltahlo Kim, -- 7 UJUAl3 Or RE:CLAMATI ON Flaming Gorge Reservoir Umn Reg mup Pvr!t m"mit ir"m 4Wr ae/1ivelrow LIA Jensen wow 1r1110W L""I Rtwm Relf71e R4114m 560tl06 Fba b1 M1 m nt plR FJOW Oa7e jliai At^ 11Wb A.t-p1I 06o0AL%Ft1 {18a0 AcAgj Clara Ac4111 C191q AC-Fq j19P9Ilt+4l IFlI I10110AC.F1j CHWAe•F1I --Aug 2921 �a 6G it 96 G BO 121 6921.02 a010 rL s 0 % 0 46 1is 6619.15 IpZ 111Y zasi ash aa7 77 t.�6 a :i6 1+#0 1 60UM 49 50 7 77 0 77 iV 0026.23 29f6 107 8 NWr2621 17 49 3 M 6 Si 117 6616.09 Zeta s7 7 .DOC M21 21 41 2 52 0 52 117 6017.72 ON 42 d Je02022 33 55 2 52 6 67 If7 00177S 7901 40 R Fee NZ a0 tH 2 47 0 47 117 01017152 2904 74 1 WarZW 7.1 B3 3 52 0 52 lib 6010AS tam ill C AW 2022 66 63 S SI 0 51 11p e61d ¢7 2936 170 A Mey2022 65 B6 7 139 40 107 114 dols.77 z769 d70 L Jun z022 274 t13 9 11.0 12 121 Ila 0015.20 2752 des JJ12622 126 110 11 7B 0 79 166 60".Ce 2780 137 Avq 2072 47 67 11 113 0 113 164 6014.14 27M 123 9.9 m _ W 42 9 126 11 126 101 ••• 601225 26M im _ WV 2a?S all 4.7a 74 7f9 1s 10a4 2147 •-••! 0012e72 A4 06 6 65 0 B5 166 Gall*% 2ms 109 Nov 2022 42 67 3 72 0 72 100 6011m zm 99 Dn 2022 29 61 1 n6 0 116 % 6009.66 2573 139 Jan 20" 32 66 1 121 0 123 95 600791 2519 143 Feb 2023 36 65 2 107 0 107 91 60W.66 241'g i* uxr 2033 05 14M 2 74 6 74 A5 9047A0 2504 131 Syr 1023 fCS 102 A 71 U 71 56 806a.Z5 2529 2m Mwv2023 t00 I 6 215 0 213 92 600623 24!W 735 .tun 2c" 390 222 0 46 0 96 96 60W.37 2677 466 ,m 20Z3 ipS 1S6 11 51 0 81 lei 44129s ZW5 its A61JQ26Y.'1 67 07 16 74 0 74 1101 6012,i3 26N 64 71 9 74 0 T4 1 1 401200 W50 09 Wy U23 1210 1M C1 1118 0 1171 gyp; Owl= $4 76 6 77 0 77 100 601147 2443 100 N"Z073 31 73 3 67 0 67 k1h1 60119y 2646 99 DUE 202b 34 6! 1 77 0 77 r6Q 6411J65 2639 102 af02624 42 77 1 77 0 Ti the 6011161 ms 102 F62024 As 76 2 72 0 72 IOP 6611 fig 2Q7 97 Mar Z024 Ad 49 3 52 0 $Z. i6z 601.&U 264a 120 AW 26Y4 111 164 A 51 0 51 194 601453 7229 2m May 2021% 230 Im 6 221 0 221 101 601241 265U 7m Jan2624 7B9 29a 9 83 0 63 t16 69tMz 2471 430 J02024 1A1 12M 12 54 0 54 112 g0209s 2920 114 'Busedim the Cotaa& Rwt Boin F01e4as1Gor4cez#AW Pwu Io Water Euppy FmBira11 M961 A up iR 3.140 Pr eftked011e Or17J20l7 1:0l11*,m 70 OPERATION PLAN FOR COLORADO RIVER SYSTEM RESERVOIRS August 2022 24-Menth Study — ylJkLnV Ulf — MOSI Probable IFAQW ` RECLAMATION Taylor Park Reservoir I4qul244d Tonl R•earrdr 1kv Llve i�dl.ur 11e1.r•• Endor McMh 31oragr oaa {ime ✓<t-R] Ond Au PEl trq J"OdAC411 N So, 2U1 4 10 9992.48 51) wy 2911 92 111 I 0eL2AY1 a a RZffiR.g 6 Nor= 4 4 93mm 53 T Dflc 9l 1 5 5 OWN $Q 0 Jan 2022 A 4 93mm R Po17ZOU 3 4 MIA6 51t I M9r2JY22 4 4 SM." 5r . 0 Apr26Z3 6 6 030242• 59 A Kwf2022 27 '12 9S72S5 74 r< gun 2aYa x9 10 03061 01 ' "2022 11 15 93i4.1s P7 Aup 2922 gap 2M 7 6 13 6 93029 830 V 7q i" WY SF27 105 xJ Oki 2022 6 B 93u.4s 69 Nw20m $ 5 930941 4" on2422 5 5 MTZF M An ZD21 a 5 930050 U Fr! 2423 ■ 5 9247.94 87 Ld. U73 4 5 @=aA 69 Apr= a 5 S.3ae,50 98 Ffey 2923 25 12 93A 40 61 Jun 2023 U 18 02717 Jul Jul20d9 •$ 71 9E24A6 95 Aug am 6 19 531924 B6 Sep 2m 7 15 931,106 78 19Y 3437 IN 121 oaxu¢a 7 7 S?31d.46 76 my Z023 5 5 9315 43 75 Doe 2M d 5 93020 74 JPn 2024 5 S 9312,55 74 Fee a9a4 4 5 W12 07 77 lSer WA 5 9411 95 73 Ap 2024 9 B 9311.95 73 May M24 26 15 931s.34 94 Jun 2ON d0 18 932019t 14A. All ma 15 21 902621 105 'Based..the C.Uradp Rjvq Emp. FwecW Canlafs Meal R.ababas Wakr Upply F4reee9 lAmktR-*I1)i 41M Prodased0o:4tjM2t $4515AM 71 OPERATION PLAN FOR COLORADO RIVER SYSTEM RESERVOIRS August 2022 24Month Study MOW Prabshle Inrlaw' BUREAU OF — RUCLAMAT10N -s Blue Mesa Reservoir LMkag flgpglPlq[I fsrap Fe"r GWtd 1`4121 1MLerra1r0-w 44 1.I+r4 --�—F WOW jmmw Lewes !terns* rlelease Rekusq 5n00Taaarlln surd* Dale 41606Ac41j 41mob Aom (10M Ac-Ft] 41006Ac-nj [1066 Ac.FLj 11000 Ae.Pq 1!•r0 {14P4 P4-F ] Altd M21 45 0 1 0 0 9d • •34bM 310 H gulp20Y4 10 ss 1 -..94 0 91 7436.58 241 WY 2011 616 "a 6 713 2_ HS F j 4q UP 27 20 a 56 0 742D-52 N* 5 NW2021 27 27 0 0 0 lA 74alm 220 T coo 2021 22 22 D 11 0 11 741A 40 231 0 Jan2m 20 26 15 U 0 14 74as,6e 238 R fob =2 19 19 0 14 0 14 igxes7 241 j Mar 2492 30 34 D 82 0 S2 YAW-17 239 0 Amr3= 92 $a 0 44 0 A8 74M94 253 A -N612C22 1Y7 im 1 79 a 79 7454-56 365 &p 20022 l98 t29 1 G6 0 do 7453 76 .1% J1�3CQ2 59 43 1 e+ a 94 745a.15 m Aug ME 36 44 1 B8 0 86 74693; 3m Sep 2022 28 34 1 97 42 79 7443.57 275 WY = 430 $29 r« 545 47 INS OU2U2 29 79 0 0 19 1B 7473.2L m riav= 25 75 0 0 13 13 74U-77 Z31 Dud; 7 z1 21 0 14 a 14 707.M 245 Jan2D23 20 21 0 15 0 15 743a.69 251 1`0 2023 is 19 0 13 0 13 74a9.d9 ?57 Mgr 3023 28 29 0 19 0 i6 74d2.0 =11 Apr2023 m 56 0 49 0 49 7443.da 277 May202% 195 14$2 1 115 a 115 74"or 343 Jun 2023 260 Z30 1 25 0 26 148s.61 645 Ju12023 w 99 1 m 0 713 740SA5 m A■A 201 61 60 1 n 0 79 798s.al '.wb St ,, 33 al 1 75 a PUI.20 fill WY 2423 624 "1 7 479 91 694 oc120n 35 37 Cl ?2 0 72 7476.36 476 Nov 2023 7a So- 0 13 0 13 7476J89 As? Oar 2023 211 27 0 14 0 14 706.03 SOG Jan 2024 25 26 a 14 0 14 7432@r 5111 Fah 2024 23 24 a 12 0 12 74a9,5s 528 U-202d 3@ 46 9 17 0 17 ?405.37 E50 Apr 2a2e 78 78 1 20 0 28 7492-72 S99 May Z04 X 4 193 1 99 0 69 7697.52 722 Jun 2024 251 229 1 13C 0 130 751DA7 a* Jul 2024 36 9i 2 lea 0 108 751434 aoc based on lha Calarada RimWDasn l•grcr" Deniers Moll Pmpapls Weter-9twtp Farecmi 111001RrnW 3166 prgPifNd Gnr ✓lIM22 "D;18M1 72 OPERATION PLAN FOR COLORADO PJVER SYSTEM RESERVOIRS August 2022 24-Month Study M4S1 Feo4agle Inflow — RUIt[AL7 Of• -- RCC LAMATION ._, Morrow Point Reservoir Upraa Blw Musa 61d4 lout ParxF 97Fuss Voto Raeervolr Elffv Lke "W. 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.00411.10 1103 47 WY 2023 s14 83 rte 22 M 221 701 on 2A23 30 2 36 1 9 18 6044.75 1112 30 N6v 203 26 1 21 1 0 15 404512 i117 32 UK M3 24 0 19 1 0 15 0045.40 t120 39 AM 297di 22 a 15 1 0 10 6945.38 ilia 31 Fah 2024 29 1 25 1 6 17 8645.95 1.126 20 LIar2a4J 02 10 7J 1 9 15 em.0 112, 41 Apr 2CM 147 1a 107 2 g1 10 4=21 1235 59 WeL12 A 251 34 1W 4 36 20 6a65.17 13Ea 165 Jun 2a24 187 25 157 a 52 21 6a71.41 144a 166 1m 2m 33 2 5$ h 56 22 6me.79 1409 7'3 9ai4d on Ac G0 XQW Rk4WgNa5 FiNMOICUnlfl PdM Prehahl Wdf ,r Supply F9rCSnil hlodel lkanlOc a190 Pmceit!lyd0m fu1212b2T §;6-m1Aa1 76 OPERATION PLAN FOR COLORADO RIVER SYSTEM RESERVOIRS August2022 24-Month Study ` WFeAU of — Moss Probable In11aw UCLAMATI ON Lake Powell llnnq Reertalm Euap Flagmf goer I9ypass To"I R4 ON& fd1Y Bank EOM Lees lmww WOW Losvn Release Release Release End M MWIN 9mtagl Ster"It wryppe Dale [IdH Atd'* jl M4At•pIj 4,404 pK-F j {10H AVFQ IIDDVAaFtI [10WAs.Fq IF14 11040 Ac-Po 1140iAcAl [W" Aeah} Aug 2D21 2D2 452 35 061 0 901 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397 6 6w D 620 WOO 2d 4424 4929 073 Apr 2n2a 73D 514 9 i52 0 92 M09.13 4421 46" 569 MAY 2925 1100 i40$ Q no D me 35N 135 4505 5019 S72 Jun mm 2300 :GM 22 577 0 577 M41 23 44LN 65F,w1 lim jul M23 795 692 26 552 D W asn 311- +587 EN4 672 Aug = y25 405 2d 606 0 096 353171 43W 53M5 744 $up Z922 am 419 28 522 0 522 90 4553 8240 or 79Y 2027 4196 77M lea "910 0 7404 7167 0a M22 421 479 1d 642 0 643 = 91 46W 61372 e$6 rMw 2M 452 459 17 442 6 642 955153 4529 Se56 a43 NU = 381 363 15 715 O r11 3325.47 44H 5549 717' .qe E74 350 378 3 780 4 780 3518.2r 460 Sin 787 rob =A 3Ea7 46S 3 890 4 $04 W15.w 444E 4m ego Mar 20?a 014 $02 E Tao n 734 9609.24 44j4 492 743 Aof 2424 020 720 9 650 il 660 351034 4493 ■ n E6r Mar NMI mr,0 1746 02 054 0 660 3524.a 4SI3 5743 572 Jdd 2M 242a lags 22 610, 9 ml) 3546.07 4001 6630 701 m 204 711 677 20 770 11 770 354427 4591 6721 79D 'laud wr lho OpUrarle RWrr EvAi FDacal4 GeMas Mos FWmbla Water S-p*Foeas- mm&l Ityr ID. 317E Frnetteed OlYl111412D22 6:14r1111AM 77 OPERATION PLAN FOR COLORADO RIMER SYSTEM RESERVOIRS Aug uat202214-Month Study Mw Probable Irdlaw RECLAMATION Hoover darn - Lake Alead -� G+101! PI11P P100w eVAP 7" Toni 3mwlp 0&--nm-w 'Umb Rvsonok EI4ry ROM .� Raul," v1Neo- Na04C4 46i"s. 110M, PoPRaw U4C RC14Yff mnLo ffm4kei Endampno 54wlee PM L7060A9fIF [100PAC-IL] [149PAC-FII ]19MA64%q I199Prr51 [1044A4F0 11444A4-FO I1449AC.P* 0.1 IIHOAC40 ' AMQ 2421 e01 E9 67 Tee 125 31 7w 597 1067.96 90U N Sa 2021 622 50 % 010 IDA y E114 594 1067.6a 90111 YN 2021 J12f Lay M 174t1 Z41 1n0 I OCL 2021 481 80 51 5111 0,1 16 59e 691 10%J7 8945 s NM24p1 sac 42 44 $42 102 10 6H 672 1064.91 m" T DEC2091 on 04 30 504 &Z 10 511 5F9 1066b9 . M15 4 Jan =2 37J 64 %5 64e 1014 11 539 SSb 1067.09 Vh% R- F60 2922 546 56 22 fin 10.6 10 59C SM 1w T8 8940 I Mw2422 57,11 Al 25 1010 VA 17 194P 956 1061.49 06i6 c AM Z= 542 34 34 1C27 17.3 17 10m6 022 IWO eo2a A May202P 390 A 44 1083 176 25 1476 04 1447A9 T511 L JW M22 S98 16 47 sin 14.0 219 077 4w 1013.02 7147 ' Jul2412 672 '71 4S 522 13A 34 014 4575 1M.4n 7041 Au4 21TU 717 98 48 an 10.9 35 13310 482 10410 7106 S 04 _ 3F ...0O2 47 534 18.7 77 634 466 IMA7 7010 NY 2052 79P4 402 "&1 242 U44 UE7 U;2 408 e9 44 300 8.1 20 500 455 1044.26 6995 wbv2= Sao 66 39 699 10.1 4 59a 450 1m741a 022 Rio 2= M 64 32 5i9 8.4 4 SL6 i47 1040.78 TOM 3Pn= M4 B7 22 OW 5A 114 am 404 1w.36 T440 FCe 20m $07 00 24 59B 9.9 E $ad 49 1041189 72U We 287:6 620 107 Z2 912 14.3 14 1102 490 1041 14 7053 A9tM23 652 72 30 903 1&7 iB 4P3 433 IMS98 6693 May 2a23 SSO 0 35 015 159 24 076 40 1074.ie 6252 JuC aGyy 577 22 0 9" 154 2B 014 m IM55 5689 Jul UM 452 56 01 527 i35 32 W ail 10M71 5798 Reg M23 696 Ee 43 M 13A 34 T90 M4 161$L00 56i12 -__ 94p = S22 02 42 392 _ 116 ao a92 .. as? 14162a s434 YYY 4923 ln0u 610 414 11M1 225 Me .-... on Nza 943 M 40 536 0.5 24 R6 X1 1018.14 6949 Plav 2473 6-C2 0 35 6" 109 14 949 341 191e.33 3001 Doc 2029 715 69 ze 343 1.5 9 543 374 1021.n 5752 Jan Ma no E7 20 581 9.4 10 M 390 I325.13 5992 Feb am ego a 11 S4S IYA 6 423 488 1420.A? 62C6 A1xr 2CN 730 107 21 990 140 1$ 160 401) 1n27.5a 9159 Apt M24 850 72 21 972 MA 17 672 342 1M42 5074 M"20" $59 0 30 955 155 21 155 392 1101659 5$77 Jun 2024 6a0 n 41 097 M; 29 097 348 1914.65 5229 J442" 774 $6 314 969 132 33 002 3 S 1411a.70 3277 ' Dosed on the Ou6m is kww Bash FodecoM C9n14l4 raem4 P1c041G VOW 6awG►r F*fm5L Made1 Run I? a17E Pracessedom.1t1MM27 9:61.-14AM We, OPERA710H PLAN FOR COLORADO RIVER SYSTEM RESERVOIRS :'. August202224-Munch Study Mosl Probable 1 r11Pow' �- MAEA1J OF - RECLAMATION Davis Dam - Lake Mohave NOova Bide Eaap Fowar avil Te'raw ReSerrolr 21.r irl e01r Rww-Fa Ingo-W 44409E 1i[144wa (Caloaw RoNaGe 110cma Erldef Moab S1WrJ06 R11i [r000 Ae•FL) (40lr Ae-Ri [1fit0J",I [1"QAe•Ftl 41004Ae411 [t4t0J.41`11 01000M 1F4} pa40 Aa•F* Aq 2021 Tfi9 .6 23 jai 9 73t 11A 64364 1713 04eM1 _ 610 9 16 756 O 7S9 127 ULU 1505 M 2621 00 42 11" We 9 ?P1P 1. 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atJRr.A4J OF - W51 Probable IFAQhV' RECLAMATION Davis Dam - Lake Mohave �•••_•• •` •,••" `-�Powcr • Power f49#4r401FMw L-cm Cmmm in Dawls clagb G-0a Writ Fie-wl of ' - ••• Akwaii Ael.di. 9-d ONrwb 46twou4 6 g-W #14i11L ik" 0ap, m tif00561m15p MIS Grim (40*0 Ag,rq 11800CP51 1l11 (50MOAC•PtF 41900AC-FII Wo FLlff MKWM Ara%bla KWFVAF ' Ayjj 2fOQ 1 731 11.6 64 A4 1713 6 144,?1 255.0 45.7 100 12a.2- - H Sov2021 7S6 12.7 06.44 ism •145 158.40 2530100 -- 1259 YfY >d4Y1 BMO 1141A I CNJ.2421 M 107 634A2 1a71 -96 19A_n 275.E e82 a5 1219 S Ner2429 643 9_1 637.49 i551 00 lxm 104.9 65'8 65 121_0 T Da*=1 485 7.6 W"2 1573 2T 1U.18 .192.E 561 1206 o a1NMR s22 815 ¢41,60 1F41 C4 139,02 15013 5416 68 123.8 R FebM2 55S 100 WAS 1603 2 iw-45 174.9 72.1 69 1300 r 61x2822 931 1&1 m-79 16W 30 14Q.29 153.0 111i7 99 c Apr2022 974 16.4 645.94 1"I a 137fa 2as.a 1240 100 1271 A May z 2 14M1 16L9 643.35 1708 7 1410.47 241.E 132.1 49 1262 L Jdi2a22 942 14.1 642AT 1712 9 lKia 251.8 100.5 99 Q8.9 Jw=2. 770 12S $4.9T 1725 14 144.31 235.0 03 10a 12g1 pA0 2022 a45 105 64.15 lots -47 141.06 253.3 Bi 9 99 127 1 UD2022 640 ----- 177. 639.01 1591 •w 130.00 2WO *a 100 1244 IMtt 2899 890 1034.1 Q;LZ= G32 10.a 034.00 1434 -156 1S4.0 227.0 763 89 1208 N0v2Ae2 Am &7 633.90 1408 51 la2.e6 1W.E $11 63 1195 Me== 30 &4 634.61 1604 118 137.00 154.7 47.0 6t M-S Jun 2943 521 S.5 041.40 Im 67 139.4E 158.3 BSA 61 1256 peb7023 S30 93 641.80 Im a 149.14 1wa 066 41 1203 Ma 1013 IN 11 S 64195 17W 34 139.22 194.1 la4 0 70 12S A 445t2023 979 16b "3140 1699 -2 110.04 249.B 121.3 98 1251 May-MM 547 164 9440 'on 0 154.11 2a7.0 1W.7 100 125.2 JIn 211@;F i63 14.9 84 $,90 1890 0 l n., l 255.0 150.7 108 1255 JA2023 W 134 047_00 70f1 -27 1313.33 255.0 1633 100 L25a M02003 TE7 124 612.44 1671 a 1H.10 255.0 959 100 125A Sap 2023 721 121 640.91 1617 -51 1 ".30 255.0 80-4 Ida 424.E wry "22 AKb 1011.1 OCL2673 am 11_i 633A6 1434 -lad IX19 227.0 07 0 89 1209 1JyrM 569 0.6 63544 1486 Si 132.32 159.0 078 6E 114.2 Dic=5 40 6.0 636.51 1604 718 15E,E0 154.7 WA al 1233 Jin 2824 AM 61 0.41.$0 1¢6B 52 lat.01 158.3 52.7 el 1258 Pub 2*4 607 to 641J04 IEEE a 14a.45 156.E 04 i 61 126E Mir20e4 ally 13_i 643..6E 17M Sa ian.15 1041 1013 76 125.E Apr Z024 941 M19 643.4)4 15" ,2 1HH 240.0 11G7 90 125.2 MLSV 2024 928 151 6000 1699 0 139.22 2S5 0 1164 100 125 d Jun 2024 AM 145 4000 1097 0 139.42 255.0 1808 108 125.E J'AM 805 1- 1 64?,90 1611 .27 139.43 2590 1011 100 129.E *ft-d w Fe Calorada Rlver Be.ln Farrrau Genets Mort PrAab1&WAw Supply Frrccaj i4.d.l Run ID; i194 Pro4=1#i0d 4M: EIi2fn02Y I�UAAAM OPERATION PLAID FOR COLORADO RIVER SYSTEM RESERVOIRS August 2022 24-Mouth Study Most Probable InRow' - 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POOP! '' \•�ry�k'UM.�RWN;ks :!f' .r .S _r T..�.YJtib�i1 �S' iCi':. i,xl.:'}fjI'JO i., �1 .j'Y^,j, l..: ,,at � '.. V�, k '4 !f k - r,^ 7' i• r it . } kl• ` `till• ..Y rh' G x ,tip 5- �I •3 'l } 7 _D. ' . Y FINAL 2022-2023 ENGI 1 EER"S REPORT ON WATER SUPPLY AND REPLENISHMENT ASSESSMENT COACHELLA VALLEY WATER WSTRICT 2490 Mariner Square Loop, Suite 215 Alameda, CA 94501 www.toddgroundwater.com April 2022 252 Woodard & Curran 9655 Chesapeake Drive, Suite 320 San Diego, CA 92123 www.woodardcurran.com SIGNATURE PAGE 0 SALLYJtAV MCC No. S427 xp. �2f.31121 �, JAYDRO SALLY 1 cCRAVEN w, # No.356 C A I'to11 Sally McCraven, PG, CHG, CEG Consulting Hydrogeologist Yadd Groundwater . v'or�ss+o au Exp. 66QZ23 'ram CNJL t D P CA�-t1 lw-A�ac-y Maureen Reilly, PE Professional Engineer Todd Groundwater 2022-2023 Engineer's Report TODD f W&C TABLE OF CON ANTS EXECUTIVESUMMARY ... ____ ..........................,...,..........,.,,..,,..,..................................,.......... Mission Creek Subhasin Area of Benefit .... .............. ............................................................. ...................1 West Whitewater River Subbasin Area of Benefit..,, .............. ...................... ... . „ ............................ 2 East Whitewater River Subbasin Area of Benefit .... ........... ................................................... ................ .... 2 1. INTRODUCTION.......,.,,.........................................,..................,........................,,...__.._..,,....................x-1 1.1 Purpose of the Engineer's Report ........ ........ ......... ............................ ..._................. .................... 1-1 1.2 Basin Description and Setting ................ ..............................,..........,..,................................1-1 1.3 Sustainable Groundwater Management Act ................................ ...,......................................... 1-4 1.4 Organization of Report...................................................................................__.............._........1-5 2. OVERVIEW AND HISTORY OF GROUNDWATER REPLENISHMENT AND ASSESSMENT ......................2-1 2,1 Definition and General; history of Overdraft Leading to the Groundwater Replenishment Program........................................ ........................................ ,,,.,....,............,_..._.._.._...,............................2-1 2.1.1 Definition of Overdraft...-...... ..... __ ....... ............ , ...... ,. ,,,,,,.............. ___ .................. 2-1 2,1.2 General History of Overdraft in the Basin.. r ............... ....................... ............................... 2-2 2.1.3 history of Water Management byCVWD................ ........... ....... .............. .......,.................. 2-2 2.2 Management Areas and Areas of Benefit ...... .................. .......... ........... ,.......... .,-,...,.................. 2.4 2.2.1 Mission Creek Subbasin Management Area and Area of Benefit ................. ......... ._„_.•_....2-4 2.2,2 West Whitewater River Subhasin Management Area and Area of Benefit ... ................. ...2-4 2.2.3 East i+Whitewater Rilver Sub bas]n Area of Benefit,...._ _ ........ .......................... .................... 2-4 2.3 Replenishment water Sources .................... ...................... .......... ............................ ____ --- ...2-5 2.3.1 Colorado River Water,..,..,...,.........................................................................,..,......._.._......2-5 2.3.2 State Water Project.. „......................................................................_..................__. ..2-7 2.3.3 0therSupplernenta(Water .... ........ ...................................__................_ ..................2-10 2.3.4 Recycled Water.._...._ .... ...... ........... ................... ................... ,....,._..._.,,._,,.................. . ..2-11 2.4 Direct and In -Lieu Replenishment.,.,,.,,..,........................................,........................................2-11 2.4.1 Mission Creek Subbasin Management Area and Area of Benefit ....................... ....... ...... 2-12 2.4.2 West 1 hitewater River5ubbasln Management Area and Area of Benefit ........ ............. 2-12 2.4.3 East Whitewater River Subbasin Area of Benefit ................ ............ ................... ••,-,......... 2-12 2,5 Groundwater Replenishment Program Assessment..,....................................,........................2-13 2.5A Authority to Assess .. ........... ,,.,............................ ............................................... ....... 2-13 2.5.2 Funding Mechanisms ........................., . .,..,,.,.......,,..................................................2-13 2022-2023 Engineer's Report i TODD 1 W&C 15.3 Cost of Service Study ....................................... .,.- ....................... ..................... ..2-14 3. MISSION CREEK SUBBASIN AREA OF BENEFIT .................... .............. .................................. ____ ..... 3-1 3.1 Defrr}ition of Area of Benefit ................................. ____ ......... ........................ ____ ........ ......,,3-1 3.2 Groundwater Conditions .......... .................. ........................................................ .......................3-1 3.3 Groundwater Prnduction................ ................................ ........................................ ........ ...., ..3-5 3.4 Direct and In-L[eu Replenishment...... ............................ ....... .............. _ ................. 3.41 IReplenlshment Facilities ..................... ...................... ...... ............................................... __3-S 3.4.2 Direct Replenishment........................................................................ .. .......... .............. 3-7 3.4.3 In -Lieu Replenishment...................................................,................-..--...................... __3-7 3.5 Future Projects............................................................................. ., ......................_.... .........3-8 3,6 Need for Coat] nued Replenishment ............................_,.--,......................._,. ..........................3.8 3.7 Replenishrent Assessment..................................................... ........................................... ....... 3-8 3,7.1 Groundwater Re pie n1s h m ant Program Costs.,..... . .......... ...................... __... ..- ............ 3-8 3.7.2 Methods for Determining Groundwater Productian........ ..... ___ ............................ .........3-8 3.7.3 IncomeState rr►ent......................_ _.................,............................... .........................3.9 3.7.4 Recornmended RAC for Fiscal Year 2022-2023.............................................................. ,...3.9 4. WEST WHITEWATER RIVEER SUBBASIN AREA DF Bl`NEFIT......... ....................................,.--•--,.,..........4.1 4.1 0efinition of Area of Benefit............................................__........-...,,.,.....................................4-1 4-2 Groundwater Conditions ...._.._. .... ....... ........... ................... __................,.......-...,,,,..,,............_....4-l. 4.3 Groundwater Production,-,.,,..,,,_.......................................................................... ................4.2 4.4 Direct and In -Lieu Replenishment. ......... ....... ................. ­­ ..................................... __ ............. 4.2 4.4.1 Replenishment Facilities..,..,.................................................................... ...........4-2 4.4.2 Direct Replenishment..,,.,...,......................................,......................................................4-2 4.4.3 In -Lies, Replenishment.....................,...........,...,..,..,,..,................_._....-......................___4-2 4.5 Future Projects...................................,--,.................................. ___ ., ............................... ...4-4 4.6 Need for Continued Replenishment ...... ............................ .... ,.,,......................... ....................... 4.4 4.7 Replenishment Assessment ............................. ...................... _........... ......... ..........,................. 4-4 4.7,1 Groundwater Replenishment Program Casts.... ..........................................................4A 4.7.2 Methods for Determining Groundwater Production.................. ........... ____ ....... ......... .4-5 4.73 Income Statement.... ........................................ ................................... ___ ..................... 4-5 4.7.4 Recornmended RAC far Fiscal Year 2022-2023.................... .......,...,....,.............................4-5 5. EAST WHITEWATER RVER SUSBASM AREA OF BEiVEFIT................................. ........ .......................... 5-2 5-1 Definition of Area of Benefit .......................... ..............................................................,......5-1 2022-2023 Engineer's Report it TODD / W&C 5.2 Groundwater Conditions..............................................................._._.,.,........,......................._....5-l. 5.3 Groundwater Production..,.......,................................................................................................5.2 5.4 Direct and En -Lieu Replenishment.....,........,...,...................................................,.......................5-6 5.4.1 Replenishment Facilities.,,._ __ .............................. ,,.....,......,..,,.,,.,.............,.................5.6 5.4.2 direct Replenishment...,..........................................._....,......... ................................. 5-7 5.4.3 In -Lieu Replenishment. .................. .......................... ......... ................... .................. .5-7 5,5 Future Projects............................,......,.........,..,....................................,,....................................5-8 5.6 Need for Continued Replenishment ...... .......... ............................ ..... ....................... ........ .......... 5-9 53 ReplenishmentAssessment.............................. ...........................,,..........,..............,..................5-9 5.7.1 Groundwater Replenishment Program Costs...,. ............................... .................... __...... .5-9 5.7.2 Methods for Determining Groundwater Production ............ ........................................... E-qu 5.7,3 Debi Consolidation.................................,.........,..................................,.......... .....5-10 5.7.4 Income Statement ...... ........ ........... ........... ............................ I .......... I ... ____ ................... 5-10 5.8 Recommended RAC for Fiscal Year 2022-2023......... ....................,................ ................... ....... 5-12 6. REFERENCES....... ....... .................. ......... .............. I ...... ,,,,,,,.,................,,___ ............................ ,.... 6-1 2022-2023 Engineer's Report i'II TODD f W&C LIST OF TABLES PAGE .:.:, �.. "..; ........ ... . . ...... Table 2-1. CVWD Colorado River Water Supply under the QSA in 2021 _ ....................................... 2-6 Table 2-2. SWP Exchange Delivery to MWD In 2021 ............................. ........................ .................. 2-8 Table 3-1. Groundwater Production within the Mission Creek Subbasin Management Area ..................... * .................................................................. * .............................. , ............. 3-6 Table 3-2. Deliveries for Direct Replenishment at the Mission Creek Groundwater Replenishment Facility.... ............... ....... ...... .......... ......................... _-3-7 Table 3-3. CVWD Mission Creek Subbasio Area of Benefit Groundwater Replenishment Program Income Staternent.. ........................................................ ­.­­­.­­­ .................. 3-9 Table 4-1. Groundwater Production and Surface -Water Diversions within the West Wh itawa te r River Subbasin Management Area ............. I ... I I - - I - - I I - 1.1 —1., r r r r. r .............. ......... 4-1 Table 4-2. Deliveries for Direct Replenishment to the West Whitewater River Subbasin Ma na ge m ent Area .............. __ ... ___ ......................... ___ ............... ....... .................... 4-3 Table 4-3. CVWD West WhItewater River Subbasin Area of Benefit Groundwater Replenishment Program Income Statement...... ....................... .................... __ .................. 4-5 Table 5-1. Groundwater Production within the East Whitewater River Subbasin Area of Benefit.... .. ................. ........ ....... ­ ......... ­­­­ r­r­­r .................. ........... 5-6 Table 5-2. Deliveries far D i rect Replenishment at the East W h itewate r River Subbasin Area ofBenefit .............. .................................................. ............. Table 5-3. CVWD East Whifewater River Subbasin Area of Benefit Groundwater Replenishment Program Income Statement ........ ......... ............................................ ...... 5-11 2022-2023 Engineer's Report IV TOE)D / W&C M LIST OF FIGURES PAGE Figure 1-1. Coache11a Valley Groundwater Basin . .................................... ...................... ............................ 1-2 Figure 2-1. Areas of Benefit, Groundwater Replenishment, and the response of Groundwater teveIs- 2.3 Figure 3-1. WY 2020 to 2021 Change In Groundwater Elevation in the Mission Creek Subbasin Management Area .............. ......................... ................................a..,.... .......3-2 Figure 3-2. VVY 2011 to 2021 Change in Groundwater Elevation in the Mission Creek Subbasin ManagementArea ............... ................. -......... .__.._...............,..,..,,......... ......................... ,............ 3-3 Figure 3-3. Hydrographs and Direct Replenishment for the Mission Creek Subbasin AOB ............ .......... 3-4 Figure 4-1, WY 2020 to 2021 Change in Groundwater Elevation in the West Whitewater Rive Subbasin ManagernentArea ...... .. ......................................................................................................._..4-1 figure 44. WY 2009 to 2021 Change in Groundwater Elevation in the West Whitewater River Subbasin ManagementArea ............................... ._.....,,.................... ......... ......... ..,.,......................4-2 Figure 4-3. Hydrograph and Direct Replenishment for the West White ater River Subbasin AOB......... 4.3 figure 5-1. WY 2020to 2021 Change in Groundwater Elevation} In the East Whitewater River Subbasin AOB ......................... ............................. .,.,., a.........a................,.......................................................... .......................................... .5-3 Figure 5-2. WY 2010to 2021 Change in Groundwater Elevatlon in the East Whitewater River Subbasin AOB .............. I ........ .......... ..,............. ,... ,,.,......... ........... ..... ..... 5-4 Figure 5-1 Hydrograph and Direct Replenishment for the East Whitewater River Subbasin AOB.... — .... 5.5 2022-2023 Engineer'S Report v TODD / W&C W LIST OF ACRONYMS AND ABBREVIATIONS 'F degrees Fahrenheit AB Assembly Bill AF acre-feet AFY acre-feet per year A08 Area of Benefit AV assessed valuation Basln Coachella Valley Groundwater Basin CEQA California Environmental quality Act cfs cahic feet per second CRA Colorado R1verAqueduct UP Central Valley Project CVR MG Coachella Valley Regional ~Water Management Group UK Coachella Valley Stormwater Channel CVWD Coachella Valley Water District CA Coachella Water Authority CWSRF Clean Water State Revolving Fund CY CalendarYear DWA Desert Water Agency DWR California Department of Water Resources EIR Environmental Impact Report EVRA East Valley Reclamation Authority ft feet GLC Glorious Lands Company GRF Groundwater Replenishment Facility GRP Groundwater Replenishment Program GSA Groundwater Sus tainabit ity Agency GS P Groundwater Susta i n a bil ity Plan III) Imperial Irrigation District IWA Indlo Water Authority MA Management Area mgd million gallons per day MSWD Ivilssion Springs Water District M D Metropolitan Water District of Southern CaIifornia MVP N1ld-valley Pipeline NPDE5 National Po11utant Discharge Uimination System 2022-2023 Engineer's Report vi TO DO J W&C 94 OSA Quantification Settlement Agreement RAC Replenishment Assessment Charge Rosedale Rosedale Rio Bravo 1Wato!rStorage District SB Senate Bill SDCWA San Diego County Water Authority SGMA Sustainable Groundwater Manap, ement Act SWKCB State Water Resources Control Board S WP State Water Project TEL-GRF Thomas E. Levy Groundwater Replenishment Facility USER United States Bureau of Reclamation USGS United States Geological Survey WRP Wate r Reda mat io n Plant WRSC Whikewater River Starmwater Channel WSCP Water Shortage Contingency Plan WWR-CRF Whitewater River Groundwater Replenishment Facility WY Water Year 2022-2023 Engineer's Deport vi i TODD/ W&C M EXECUTIVE SUMMARY This 2021-2023 Engineer's Reporr on Water Supply and Replenishment Assessment (Engineer's Report) was prepared far the Coachella Valley Water District (CMD) to comply with State Water Code Sections 3100-31639 {Water Code). The Water Code allows CVWD to conduct groundwater replenishment programs (GRPs) and to levy and collect water replenishment assessmems from non-exempt groundwater producers that benefit from the GRPs. Groundwater pumpers that produce 25 acre-feet per year (AFY) or Itss are considered minimal pumpers and are exempt from assessments. Pursuant to the Water Code, the Engineer's Report must provide a summary of the groundwater supply conditions and the need for continued replenishment, a description of current GRPs, and recommendations for Replenishment Assessment Charges (R,ACs) to be levied upon groundwater production from the three defined areas that benefit from the GRPs: the Mission Creek Subbasin Area of Benefit (A08), the West Whitewater River 5ubbasin AQB, and the East Whitewater River Subbasin AO$. The GERs are essential to the water management plans —most recently the 2022 Indio Subbasin Water Management Plan Update (CVWD et al., 2021a) and the 2022 Mission Creek Subbasin Alternative Plan Update (CVWD et al., 2021b)—that have been developed respectively for the India (Whitewater River) and Mission Creek Subbasins to avoid overdraft conditions and associated undesirable results. Groundwater replenishment is accomplished through two mechanisms: direct replenishrent, by which imported surface water is percolated directly into the aquifer, and in -lieu replenishment, by which imported water or recycled water is provided to groundwater pumpers for irrigation purposes, thus reducing or eliminating their use of pumped groundwater, IVII5510Pd CREEK SuBBmw AREA OF BIE NEFIT Historical declines in groundwater levels in the Mission Creek 5ubbasin led to a joint management agreement in 2003 between CVWD and Desert Water Agency (DWA) to cooperatively conduct the mission Creek Subbasin Management Area (MA) GRP. The Mission Creek Subbasin Management Area contains two A013s: the CVWD MLFsion Creek Subbasin AQB and the O A Mission Creek Subbasin A0I3. In calendar year (CY) 2021, total assessable production 3n the management area was 14,207 acre-feet (AF), a decrease of i percent from 2020. The assessable production in CVWD's MISSion Creek Subbasin AO was 4,5,92 AF, which was approximately 32 percent of total production wit hin the management area. Replenishment of the Mission Creek 5ub1basin Management Area is currently accomplished via the artificial recharge of State Water Project (5WP) water exchanged for Colorado River water with Metropolitan Water District of Southem California {MWD) and delivered to the Mission Creek Groundwater Replenishment Facility (GRF), Due to critically dry year conditions in the Sierra Nevada, in CY 2021, there was no water delivered to the Mission Creek GRF for direct replenishment. Since 2003, groundwater levels have risen and sta bi lized t hroughout the Mission Creek Subbasin, which is euldenceIhat implementation of the GRP has effectively abated historical overdraft. Continued artificial replenishment is necessary to sustain these levels and prevent a return to overdraft in the future. To fund the costs associated with the GRP In the Mission Creek Subbasin AOB, CVWD staff recommend no change to the $135.52f AF RAC that became effective on 1t,ly 1, 2017. 2022-2023 Engineer's Report ES-1 TO DO / W&C W, NEST WHITEWATER RIVER SUMASIN ARF-A OF BENEFIT Historical declines in groundwater levels in the western portion of the Whitewater River Su bbasin led to a joint management agreement in 1976 between CVWD and DWA to cooperatively conduct the West Whitewater River Subbasin Ma nagement Area CRP. The west Whitewater River Subbasin Management Area contains two AM: the CVWD West Whitewater River Subbasiin AO arld the DWA West WNhitewater River Subbasin AQB. In CV 2021, total assessable production and surface water diversions in the management area totaled 359,245 AF, which represents a 3 percent increase from CY 2020_ Assessable production in CVWp's West Whitewater giver Subbasin AOB was 122,413 AF, which was approximately 77 percent of the total assessable production and diversions within the management area. threct replenishment ofthe West White Ater River Subbasin Management Area is currently accomplished via artificial recharge of SWIG exchange water and QSA water at the Whitewater {fiver GRF and artificial recharge of Colorado Rlver water conveyed through the MId-Val ley Pipeline (MVP) to the Palm Desert GRF. In CY 2021, a total of 15,006 AF was delivered to the W hitewater River GRF, and a total of 10,633 AF was delivered to the PaIm Desert G R F for direct replenishment. CVWD also provides Imported Colorado Riverwale r directly from the MVP or a blend of Colorado River water and recycled water to 22 golf courses in the ACIB to offset groundwater production as a form of in -lieu replenishment. Future planned repienIshment project, include the completion of Prase II of the Palm Desert GRF and the connection of 14 additional golf courses and municipal users to the MVP and 29 additional go It courses to the WRP 10 non -potable water system by 2034. Groundwater levels across most of the West Whitewater River Subbasin AO have stabilized urare rising, which is evidence that implementation of the West Whitewater GRP has effectively abated historical overdraft. Groundwater levels have continued to gradually decline in a localized area of the northeastern A08 near Sun City/Palm Desert and north of Bermuda Dunes. Continued artificial replenishment is necessary to stabilize or increase groundwater levels in some areas and prevent a return to conditions of overdraft. To fund the casts associated with the GRF in the West Whitewater River Subbasin AOB, CVWD staff recommend that the $165.37/AF RAC that became effective on July 1, 2021, he increased by $31.42/AF, to 5196.79/AF, effective July 1, 2022. EAST WHITEwATER RivEFt SU BBASIN AREA OF BENEFIT H lstoricaI declines in groundwater levels in the eastern portion of the Whitewater River Subbasin led to CVVVD's GRP for the East Whitewater River Subbasin AOR. Direct replenishment in the East Whitewater River Subbasin AO began in 1997, at the Dike 4 Pilot Facility and the GRP became effective in 2005. In CY 2021, assessable production in the East Whitewater River Subbasin AO was 119,700 AF, which represents a two percent increase from 2020. Direct replenishment of the East Whitewater River Subbasin A013 is currently accomplished via the artificial recharge of Colorado River water at the Thomas E. Levy {TEL) fiRF. In CY 2021, 37,971 AF was delivered For direct replenishment at the TEL-GRF. CVWD also dellvers imported Colorado River water from the Coachella Canal to meet the agricultural and gulf course Irrigation needs in the East Valley. CVWD 2022-2025 Engineer's Report E5-2 TOAD / W&C M provides imported Colorado River water to 32 golf courses in the AOB to offset groundwater production as a form of in -lieu replenishment_ Nine holes of one golf course in the AO receive a blend of recycled water and Coachella CarlaI water from Wastewater Reclamation Plant (WRP) 7, and one golf course receives water from the Coachella Canal via the MVP. Future planned replenishment projects include: 1) Phase 2 of the Oasis In Ueu Recharge Project, a source* substitution }project that involves construction of a Canal water distribution system in the Oasis area to provide imported Colorado River water for agricultural irrigation in lieu of groundwater pumping; 2) development of a recycled water project at WRIT 4 for additional source substitution: and 3) connection of five additional golf courses to receive Colorado River water or a blend of recycled water. Since 2005, groundwater levels across most of the East Whitewater River 5ubbasin AGB have risen significantly, and historical artesian conditions have returned to a wide area of the AOB, which is evidence that implementation of the GRP has effectively abated historical rn+erdraft. Continued artificial replenishment is necessary to maintain positive trends and prevent a return to overdraft. To fund the costs associated with the CARP in the East Whitewater River Subbasin AOB, CVWD staff recommend that the $72.27/AF RAC that became effective on July 1, 2 02 1, be increased by S6.14J AF, to $78A1JAF, effective July 1 2022. 2022-2023 Engineer's Report ES-3 TODD / W&C W 1. INTRODUCTION This report is the 2022-2023 Engine-er's Report on Water Supply and Replenishment Assessment (Engineer's Report) for the three Coachella Valley Water District {CVWDI Areas of Bene#iit (AO Ds) within the Coachella Valley Groundwater Basin (Basin): the Mission Creek Suhhasin AOB, the West Whitewater River SobbasIn AOB, and the East Wh itewate r Rive r Subbasin AOB. This section describes the purpose of the Engineer's Report, the Basin setting, the use of Sustainable Groundwater Management Act {SGMA) Annual Reports for describing the conditions of groundwater supplies, and the report's organizatton. 1.1 PURPOSE OF THE ENGINEER'S REPORT This report is prepared to comply with State Water Code Sections 31630-31639 (Water Code). The Water Code provides CV D with the authority to levy and collect water replenishment assessments within its ADBS to implement groundwater replenishment programs (GRPs). Groundwater replenishment is necessary to avoid overdraft of the Basin and associated undesirable results. To levy and collect these assessments, CVD Is required to prepare and present to its Board of ❑irettors an annual Engineer's Report on the conditions of the groundwater supplies and recommended Replenishment Assessment Charges (RA Cs) to he levied upon groundwater production within each AOB. The Engineer's Report must include the following info rmation- • A summary of the groundwater su pply conditions; • An assessment of the need for replenishment; • A description of the replenishment programs, including source and amount of replenishment waters, costs associated with the GRRPs, areas directly and indirectly benefited by the GRPs, and amount ofgroundwaterproduced in each area duringthe prloryear; and + A re corn rrsendation for the RAC to be levied on each AOB. 1.2 BASIN DESCRIPTION AND SETTING, The Coachella Valley Groundwater Basin (DeparLmant of Water Resources IDWR] Groundwater Basin No. 7-021) resides in the northwestern corner of a structu raI depression, the Salton Trough, which extends from the San Gorgonio Pass to the Gulf of Califomia. The Basin is about fiS miles Icing on a northwest - southeast orientations and covers approximately 440 square miles. Figure 1•1 shows the Basin bounded on the southwest by the crystalline bedrock of the Peninsular Ranges (San Jacinto and Santa Rosa Mountains) and on the northwest by the crystalline bedrock of the Transverse Ranges (San Bernardino and iLittle San Bernardino Mountains). The Bassin is located within the western portion of the Colorado Desert Hydrologic Area. 2022-2023 Engineer's Report 1-1 TODD / W&C W s 4a1PIM74F , sy JV 1 �10 - - - - - - - - - - - - — - - - - - - - - - - 41 k TODD6" Ngure 9-1 *ncALn cf—tj—Mtelrppmr 9 RID U M D WA T FR Coacholuk Va l%MmiwekaLsbmkL731.. weGroundwaLor G"yin=09"ri" 30-rOtSvOwAn --- F&uftLnf 2022-202 3 Engineer's Repwt l-Z TODD / W&C 100 Precipitation on the Basin Floor is typically less than five inches per year. Natural recharge to the Basin is prim ari ly f rom the recharge of mountain -front runoff -The Whitewater Rive ris the major drainage course in the Basin. Perennial flaws exist in the portion of this drainage within the San Bernardino Mountains. Along the valley floor, these perennial flows become ephemeral in the northern reach of the drainage, referred to as the Whitewater River StortnwaterChannel (WItSC), The constructed downstream extension of the channel, known as the Coachella Valley 5torrnwater Channel (CVSC), conveys storm water, groundwater entering subsurface drains, and discharge from National Pollutant Discharge Elimination Systern (NPDES)-permitted wastewater facilities to the Salton Sea. Recharge to the Basin occurs in the Whltewater River and other tributaries to the Basin, in the WRSC and CVSC, at constructed recharge facilities, through percolation of irrigation return flows, and as subsurface inflow from the surrounding mountains and groundwater basins. The Basin is filled with u p to 12,000 feet (ft) of sediments, the upper 2,000 ft constitute the aquifer system that is the main source of groundwater supply in the region. The aquifer -system sediments were eroded from the surroundtng mountains and deposited in the Basin an alluvial fans, alluvial plains, and lacustrine (lake) environments as interbedded, discontinuous layers of gravels, sands, silts, and clays. The sediments tend to be finer -grained In the southeastern portions of the Basin due to the greater distance from the mountainous source areas and the lower -energy depositional environments, such as historical Lake Cahuiilla. The Basin is divided by several geologic faults, which have displaced sediments and created low - permeability zones along the fault traces that act as barriers to groundwater flow_ OWR has defined four subbasins within the Basin that are separated by structural features including pec)Inic faults, bedrock constrictions, or changes in formation permeability that limit and control the movement of groundwater. These include the Indio Subbasin (DWR Subbasin 7.021.Q1), Mission Creek Subbasin (7-021.02), Desert Mat Springs Subbasin (7-021.03), and San Gorgon0 Pass Subbasin t7-021.04) (DWR, 1964), as shown in Figure 1-1, While groundwater generally flows from northwest to southeast in the Basin, thestructural features result in groundwater conditions that vary significantly between subbasins. In the San Gorgonio Pass Subbasin, unconfined groundwater occurs throughout and flows generally wee# to east, where it flows over a bedrock constriction and into the Indio 5ubbasin. In the Indio Subbasin (also termed Whitewater River Subbasin by the United States Geological Survey (USGS]'), groundwater typically flaws from the forebay areas along the surrounding mountain -fronts toward the valley floor and then souOeast toward the distal portions of the Basin near the Salton Sea. The aquifer system is unconfined in the fo rebay a rea s. In the southeast Indio 5ubbasin, the occurrence of fine-grained sediments has resulted In three distinct aquifer systems- + A< semi -perched agtiifer up to 100 ft thick that is persistent across much of the area southeast of the City of India. The fine-grain units that cause the perched conditions are likely barrier to deep percola#ion of surface water. r This report [den till es the Indio Subbasin as the Whitewater River Subbasin for consistency wlth the naming of the East and WeO Whitewater River AO Os, 2022-2023 Engineer's Report 1-3 TODD % W&C 101 An upper aquifer yap to 300 ft thick that is present across most of the area. The upper aquifer is unconfined except in the areas of the semi -perched aquifer where it is semi -confined. A lower aquifer that is 500-2,000 ft thick is the most productive portion of the Basin. In the southeast portion of the Basin, the lower aquifer is confined and is separated from the sipper aquifer by a fine-grained unit that is 100-200 ft thick, In the Mission Creek Subbasin, groundwater typically flows from northwest to southeast. The aquifer system is upto 2,4170 ftthick and its predominantly unconfined. Portions of the aquifer along the Banning Fault northwest of the Seven Palms Ridge area are semi -confined as evidenced by historically flowing artesian wells in the area. overa11, groundwater flow in the Desert Hot Springs Subbasin is to the southeast but Is locally variable due to faulting. The aqukfser system is poorly u nderstood because of relatively poor water duality, which has limited local deve loprent of groundwater resources. Faulting In the nart hern portion of the subbasin has resulted in thermal mineral waters with temperatures up to 25C degrees Fahrenheit {"Fj. These thermal waters are used by several spas in the area. 1.3 SUSTAINABLE GROUNDWATER MANAGEMENT ACT In 2014, the California Legislature enacted the Sustainable Groundwater Management Act (SGMA) to provide a framework for sustainable groundwater management. SGMA requires development of groundwater sustainability plans (Ws) for all basins designated medium- and high -priority by DWR, mandates the creation of local groundwater sustainahility agencles ((jSA$) to develop and impie rnent the plans, and presents the requirements and schedule for complying with SGMA and achieving groundwater sustainability within 20yea rs of 1mpie mentingtheGSPs_ SGMA recognized that rnanyagencies had already developed and Implemented groundwater management and allowed submittal of existing groundwater management plans as alternatives to preparing a G5P (Alternative Plan). With respect to Coachella Valley, DWR designated the Indio (Whitewater River), Mission Creek, and San Gorgonio Pass subbasins as Toedium priority subbasins, subject to SGMA, while the desert Hpt Springs Subbasin was designated as a very low priority subbasin. In 2015, CVWD elected to become a GSA for the portions of the Indio and Mission Creek subl sinks within CV D's service areas. As GSA far these areas, CVWD collaborated with Desert Water Agency (1)WA), Indio Water Authority (IWA), and Coachella Water Authority (CWA) as the Indio Subbasin GSAs to submit the 2010 Coachella Valley Water Management Pion Update (CVWD, 2012� as an Alternative Plan For the Indio Subbasin. The Alternative Plan was submitted to DWR in 2016 and approved in 2019. Consistent with SGMA, which requires five -rear updates, the2022 IndioSubbosin Water ManagementPlonUpdate:SGMA Alternative Plan (CVWD et aL, 2021a) was submitted to DWR on December 29, 2021. Similarly, CVWD, DWA, and Mission Springs Water District (M5 D) collaborated to submit the 2013 Mission Creek%Carnet Mill Water Management Plea (CVWD et A, 2013) as an Alternative Plan for the Mission Creek Subbasin. The Alternative Plan was submitted to DWR in 2016 and approved in 2019. Consistent with SGMA, theA&ssian Creek Subbasin Alternative Plan Update (CVWD, 2021b2021b) was submitted to DWR on December 30, 2 02 1. 2022-2023 Engineer's Report 1-4 TOAD / WFC 102 The respective Alternative Plan Updates provide camprehenslve information on the hydrogeobgy, groundwater conditions, and water supply and demand of the two basins and represent the current groundwater management planning for the two basins in accordance with SGMA. SIGMA mandates that GSAS regularly collect, analyze, and report water management information and thereby demonstrate progress toward and achievement of sustainable groundwater management. To that end, SGMA Annual Reports (Annua I Reports) have been prepared for the Indio 5ubbasin and fur the Mission Creek 5ubbasin since 2013, The Annual Reports inclWe information on groundwater elevations, grou ndwater extractions, total water use, and change in groundwater storage. The most recent Annual Reports for WY 2020-2021 are utilized herein to describe groundwater conditions. Annual Reports are available through CVWD's SGMA webpage http--/Iww .rv+vd.org13571Sustaina.ble-Groundwater- Manaeernent-Act. 1.4 ORGAN17-ATION OF REPORT This Engineer's Report is organized into six sections; a Executive Summary describes the main concluslans of the Engineer's Report + Section I-introd uction describes the purpose of the Englneees neport,the Basin setting, the use of the Annual Reports for describing the conditions of the groundwater supplies, and the organization of the report Section 2 - Overview and History of Groundwater Replenishment and Assessment summarizes the hEstory and need for groundwater replenishment, the available 5ources of water for replenishment, and the groundwater replenishment and assessment programs in each of the AOBs + Section 3 -Mission Creek 5ubbasin AOB describes the replenishment and pumping activities far calendar year (CY) 2021, condition of ground atersupplies, and a recommended RAC rate €orthe MISsicn Creek 5kit) basin AOB • Section 4 - West Whitewater River 5ubbasin AOa describes the repienishrnent and pumping activities for CY 2021, condition of grou ndwater supplies, and a recommended RAC rate for the West Whitewater River SubbasI n AOB Section 5 - East Whitewater River 5ubbasin AOB describes the replenishment and pumping activitles for CY 7021, condition of grou ndwater supplies, and a recommended RAC rate for the East Whitewater River SubbasIn AOB • Sectian 6- References lists the publications cited in this report 2022-2023 Engineer's Report 1-5 TODD I W&C 103 2. OVERVIEW AND HISTORY OF GROUNDWATER REPLENISHMENT AND ASSESSMENT CVWD provides artificial replenishment of the Basin through mult1pie GRPs. Groundwater replenishment is accomplished through two mechanisms: direct replenishment, in which imported surface water is percolated directly into the aquifer, and in -lieu replenishment, in which imported surface water or recycled water is provided to groundwater pumpers for irrigation purposes, thus reducing or eliminating their use of purnpad groundwater. This sectlon summarizes the history and need far groundwater replenishment, available sou rces of water for replenishment, and groundwater replenishment and assessment programs. 2.1 DEFINITION AND GENERAL HlsroRy OF OVERDRAFT LLADIPG TO THE GROUNDWATER REPLENISFIMENT PROGRAM This section describes the definition and general history of overdraft leaning to the GRRs in the Basin. 2.t..1 Definition of Overdraft The principal goal of the GRPs is to arrest, reduce, and ultimately eliminate groundwater overdraft. According to 0 W R Bulletin 119-90 (I)WR, 1980): "Overdraft is the condition of a groundwater basin in which the amount of water withdrawn by pumping over the long-term exceeds the amount of water that recharges the basin. Overdraft is characterized l y groundwater levels that decline over a period of years and never fully recover, even in wet years. Overdraft can lead to increased extraction costs, land suhsidence, water quality degradation, and environmental impacts." DWR Bulletin 118-80 states that overdraft conditions in a basin become "critical" when: " [.-] continuation of present water management practices would probably result in significant adverse overdraft -related environmental, social, or economic impacts." DWR Bulletin 160-93 [DWR, 1994) expands on Bulletin 119-SR's "period of years" as follows: "Such a period of time must be long enough to produce a record that, when averaged, approximates the long-term average hydrologic conditions for the basin." DWR Bulletin 160-09 (DWR, 2009) synthesizes the definitions provided in Bulletins 118-80 and 160-93 as follows: "Overdraft is defined as the condition of a groundwrater basin in which the amount of water withdrawn by pumping exceeds the amount of water that recharges the basin over a period of years, during which the water supply conditions approxlmate a►►erage conditions." The above is the definition of overdraft used herein. As noted in Bulletin 118-BO, however, groundwater overdraft is characterized not only by a prolonged decline in quantities of groundwater in storage over long-term average hydro logic conditions, but also by secondary ad►+erse effects, including decreased well yields, increased groundwater extraction costs, water quality degradation, sea -water intrusion, land subsidence, and environmental impacts. SGIVIA similarly describes undesirable results in terms of chronic lowering of groundwater levels, reduction of groundwater store ge, seawater intrusion, land subsidence, 2022-2023 Engineer's Report 2-1 TODD / W&C 104 degraded water quality, and depletions of interconnected surface water with adverse impacts on beneficial uses of the surface grater (CVWD, 2021a and 2021b), 2.1.2 General History of Overdraft in the Basin The historical occurrence of overdraft in the Basin was caused by the rapid development of agriculture in the area during the early 1900s, followed by increasing urban and recreational development in the later 1900s. This growth led to increased water demands that were met by groundwater pump>ng, which exceeded the natural recharge to the Basin and caused overdraft conditions. Figure 2-1 is am a Pshowing four hydrographs of measured water levels over time in wells located across the Basin, The charts d=ment the historical overdraft conditions (characterized by the long-term groundwater 14 ►vel declines) that necessitated the development of the GRPs. The hydrographs also show the major m€lestones when replenishment occurred, fo11owe d by stabilization or recovery of grou ndwat er levels. As Figure 2.1 demonstrates, the GAPS have been effective at reducing or eliminating overdraft conditions in the Basin. Continuance of the GRPs is necessary to combat overdraft conditions and meet the susta I na bi lity geals of SGMA. 2.1.3 History of Water Management by CVWD The Coachella Valley County Water District, predecessor to CVWD, was formed in 1928 as an independent special district with the primary responsibility of protecting local water resources. One of the first actions taken by the district was to claim the rights to the Whitewater River to ensure that natural inflows of water to the valley would stay in the valley and benefit the Basin. Early settlers of the Coachella Valley also recognized that action was needed to address declining water levels resulting from groundwater extraction. Their concern led CVWD to enter into an agreement with the United States in 1934 for the construction of the Coachella Branch of the Ail -American Canal (Coachella Canal) to bring Colorado River water to the Coachella Valley. Since 1949, the Coachella Canal has been providing water for irrigation use in the eastern Coachella Valley as an alternate supply to groundwater pumping. In 1962 and 1963, respectively, DWA and CVWD entered into separate contracts with the State of California to purchase water from the State Water Project (SW PJ. CVWD and DWA then entered into an agreement with the Metropolitan Water District of Southern California (MD) to exchange water from M D'S Colorado River Aqueduct, which crosses the western portion of the Coachella Valley near Whitewater, for CVWD and DWA allocations of SUP water. In 1967, as agriculture and urban development continued in the Basin, further increasing water demands, CVWD began a water reclamation program. The water reclamation program was created to provide a reliable source of local non -potable water for irrigation and to supplement the imported Colorado River water brought into the East Valley via the Coache] la Canal, In 1973, artificial recharge of imparted waterIrorn the Colorado R ive r Aq ued uct began at the Whitewater River GRF in the westem portion of the Whitewater River Subbasin_ In fiscal years (M) 1978-1979 and 1980-1981, DWA and CVD, respectively, began assessing non-exempt producers to cover the costs of replenishment, thereby creating the West Whitewater RlverSubbasin G€{P. 20 -2023 Engineer's Report 2-2 TODD J W&C 105 •k# WR 7S4 2110 w INN& Im ow Im nw 1" 4" Ifr1 am m 2022-2023 ;Engineer's Report 2.3 Ai� . 0'an TODD I W&C 106 The GRPs have since been expanded to include direct replenishment in the eastern portion of the Whitewater River Subbasin, beginning in 1997r direct replenishment in the Mission Creek Subbasin, beginning in 2 00 2; and in -lieu replenishment, which is accompiishad by providing supplemental waters to groundwater pumpers for non -potable uses (e.g., irrigation) to reduce or el irninate groundwater pumping. 2.2 MANAGEMENT AREAS AND AREAS OF BENEFIT Bath CVWD and DWA are permitted by the water Cade to replenish the Basin and to levy and collect groundwater replenishment assessments from any non-exempt groundwater producer or surface water diverter within their jurisdictions who benefits from groundwater replenishment. The two agencies are not required to implement assessment procedures jointly or identically. The jurisd iction aI areas that benefit, directly or indirectly, from the GRPs and where CVWD or DWA levy replenishment assessments are termed Areas of Benefit {ADBs). There are three A013s within CVWD"s boundary_ the Mission Creek Subbasin A013, the West Whitewater River Subbasin ADB, and the East Whitewater River Subbasin A013. CVWI) and DWA have entered into water management agreements to implement the GRPs in areas of the Basin that include both of their respective jurisdictional boundaries. Figure 2-1 shows the extent of CVD's AOBs and the two management areas cooperatively managed by CVWD and DWA: the West Whitewater River Subbasin Management Area (MA) and the Mission Creek Su bbasin Management Area. 2.2.1 Mission Creek Subbasin Management Area and Area of Benefit The Mission Creek Subbasin Management Area covers the entirety of the Mission Creek Subbasin. It was initially formed on April 8, 2003, when CVWD and DWA entered into the mission Creek Groundwater Replenishment Agreement for coo perat] ve management of groundwater replenishment in the area using SWP water exchanged for Colorado (liver water for direct replenishment. On December 7, 2004, the agreement was amended by the Mission Creek Settlement Agreement to include MSWD, OnJuly 15, 2id14, CVWD and DWA executed a new Mission Creels Groundwater Replenishment Agreement to update and replace the 2003 agreement as amended. Figure 2-1 shows CVWD's Mission Creek Subbasin AOB, the portion of the Mission Creek Subbasin Management Area residing within CV D's boundary, 2.2.2 West Whitewater River Subbasin Management Area and Area of Benefit The West Whitewater River Su bba;sin ManagementArea Is in the western portion of the Whitewater River Subbasin. It was officially formed on July 1, 1975, when CVWD and RWA entered into an agreement to cooperatively manage and cost -share in the GRP for this area by using SWP waiter exchanged for Colorado River water for direct replenishment. The 1976 agreement was subsequently revised by the December 15, 1992, Water Management Agreement, which was later superseded by the July 15, 2014 Whitewater Water Management Agreement. Figure 2-1 shows CV D's West Whitewater River Subbasin AOB, the portion of the West Whitewater River Subbasin Management Area within CV D's boundary. 2.2.3 East Whitewater River Subbasin Area of Benefit Figure 2-2 shows the CVWD East Whitewater River Subbasin AOg, which covers the eastern portion of the Whitewater River Subbasin and extends from the eastern boundary of the West Whitewater River 2022-2023 rEnglneer's Report 2-4 TODD f W&G 107 Subbasin AOB to the shoreline of the Salton Sea. Because this area is entirely within CVWD's service area, a management agreement was not necessary. While in -lieu replenishment in this area began in 1949 with the completion of the Coachella Canal and direct replenishment began in 1997 with the bike 4 Pilot Facility, CVWD did not designate it as an ACB until 2004_ 2.3 REPLENISHMENT WATER SOURCES The water sources used for replenishment In the 6RPs Include; Colorado Rorer water delivered via the Coachella Canal or the Colorado River Aqueduct ;WP water exchanged for Colorado River water with MWQ • Recycled water from CVWD water reclamation plants ( RPs) • Other non-SWP supplemental water These sources of replenishment water are described in more detail below, 2-3.1 Colorado River water 2.3.1.E Coachella Corral The 122-mile-long Coachella Canal was completed in 1948 and began operating in 1949_ Water delivered to the Coachella Valley via the Coachella Canal is diverted into the All -American Carnal from the Imperial Dam, located 18 miles upstream of Yuma, Arizona. It is then diverted into the Coachella Canal at "Drop I - of the AII-American Canal, approximately20 mileswest ofYuma. As illustrated on Figure Z-1, the Coachella Canal conveys water northward into the eastern Coachella Valley along the east side of the Salton Sea, continuing northerly past Mecca and Thermal to Indio, where Et bends westerly, then continues southwesterly to La Quinta, where it flows into Lake Cahuilla (constructed by CVWD in 1968 to provide operational storage for Colorado River water). The Coachella Canal and Lake Cahuilla system distributes water for irrigation to approximately 55,000 acres of agricultural land in the eastern Coachella Valley through nearly 500 miles of buried delivery laterals (CVRWMG, 2010). The capacity of the Coachella Canal is approximately 1,500 cubic feet perseoond (ck) (CVWD, 2002a). 2.3.1.2 Colorcrdv River WoterAllocntlons CVWD is park of the 1931 Seven Party ,Agreement that allocates California's apportionment of Colorado River water. CVWD was included in Priority 3(a) of the agreement in a group of California agricultural agencies, collectively allocated 3.85 million acre-feet per year (AFY). In 2003, the Quantification Settlement Agreement (CLSA) negotiated between CVWD, Imperial Irrigation District (IID), San Diego County Water Authority (SDCWA) and MWD wassUned, which supplemented the 1931 agreement. Under the qSA, CVWD has a Colorado River water base allotment of 330,000 AFY. CVWD's effective allotment Is equal to the base allotment of 330,000 AFY minus 29,000 AFY in reductions, as shown in Table Z-1. In addition, CVWD has executed several transfer agreements for additional block amounts of Colorado River water. The transfer agreements included the following: • 1998 MWD f I ID Approval Agreement for 20,000 AFY IID to CVWD-FimtTransferfor50,0o0AFY + IID to CVWD-Second Transfer of 28,0D0 AFY 2022-2023 Engineer's Report 2-5 TODD f W&C 1: Table 2-1 shows the 2021 breakdown of {;VWL)'s total allocation of399,000 AFY of Colorado River water. The second transfer from HID to CVWD will continue to increase from 28,000 AFY in 202p to 53,000 AFY in 2026, for a total alioCation of 424,000 MY by 2026. In 2023., CVWJ)'s tatal allocation of Colorado River water is 399,000 AF. Table 2-1. CVWD Colorado River Water Supply under the QSA in 2021 �'E� ��S "F:k� �: f 'S'x .�. 'r •, S'�'�Tr�°'k � �'�'� 'f:"�'� cif ."y$'A: {. ;� N,,' r. �7 ,5-. ^�•.ah''h5 iY+ylo•„ '��:�.`��x"ki �S.:r ..S.�SSk°J F� � ,,�,,s�. ,)i;�i,r�:y^ri'.,c,:;ih s'r Vl. l k d J:< ;. ##k F�. 5. w�ptt(- sr�,.�}a QJ'��4ick sYr� ;Y.�-`-`§r,. :�: �y�.,',�:?•..;" .r9.�:+r.3.�. :+�9sy,�w; L:ax.�',��.�.�:. �;:i::. Base Entitlement 330,00D Less Coachella Canal Lining (to SDCWAN) -26,000 Less Miscellaneous/Indian PPW4 -3,000 1998 M Df 11D Approval AgreementtO 20,OD0 First IID f CVWD Transfer 50,000 Secand I I D/CVW D Transfer 28,000 Total 399,000 1al San Diego County Water Authority lbl Indian Present Perfected Rights Ica The 2015 Second Amendment to the Delivery and Exdiarige Agreement allows CVWD to raceh+e 15,000 AFofthe 20,000AF1988 MWDfIIV Approval Agreement at the Whitewater RtvwGRF through 2026; MWD retrains 5,000 ALF. In F-Y ZOZt, CVwp received derivery of 15,000 AF at the Whltewater River GRF. 2,3,1.E USA 5WP Transfer The Q5A provides CVWD with a 35,000 AFY transfer of $ P water from MWO. This 5WP water is exchanged for Colorado river water and can be diverted at Imperial Dam for delivery via the Coachella Canal to the eastern portion of the Whitew ater River Subbasin or can be delivered via the Colorado River Aqueduct for delivery to the western portion of the Whitewater RiverSubbasin, 2.3.1.4 Drought Coiltingency Parr Colorado River supplies face threats to reliability from the long-term draught and increasing variability an snowpack, which have greatly reduced storage in the Colorado River Basin. To reduce the risk of Lake Powell and Lake Mead declining to critically low levels the Department of the Interior called onthe seven Basin states to prepare a drought contingency plan. On March 19, 2019, the Colorado River Drought Contingency Plan (Drought Plan) was submitted to Congress and on April 16, 2019, it was signed into law. On May 20, 2019 the tower Basin Drought Contingency Plan Agreerrrent (Agreement) was executed among the Secretary of the Interier and the lower Basin states to set guidelines, in addition to the 2007 Interim Guidelines! for the operation of the Lower Basin. 1 n accordance with this Agreement, Basin-wlde contributions would go into effect when Lake Mead's elevation drops below 1,090 ft, with a contribution from California at are elevation of 1,44$ ft. California's contributions Yary from 200,000 AF (1,045 ft) to 350,000 AF (1,030 ft), and the forgone water cfeliveries would remain in the ialSe. Under the Lower Basin Drought Contingency Plan, CVVWb would provide 7 percent of the required water contribution from California, and the Metropolitan Water District of Southern California would provide the majority of the remaining tonthbution. 2022-2023 Finginear's Report 2-6 TODD / W&C we, In 2021, both the Upper and Lower Basin states continued activities addressing ongoing drought conditions in the Colorado River Basin. The Upper Basin states and the U.S Bureau of Reclamation's tipper Colorado Region Office focused efforts on development of a Drought Response Operations Agreement (DROA) plan for CY 2022 pursuanttothe Upper Basin Drought DCP. The CY 2022 drought operations could implement additional releases of water from up -stream facilitles above Lake Powell to further protect critical elevations in Lake Mead. Currently, the expectation is that the CY 2022 DROA plan would be finalized by April 2022. 2.3.2 State Water Project The SWP is a water storage and delivery system of reservoirs, aqueducts, power plants, and pumping plants operated by DWR, The SWP delivers water from the Sierra Plevada through the Sacramento -San Joaquin De Eta to 29 SWP Contractors throughout California who serve over 27 million Californian homes, businesses, and farms, The SWP was des i4ned to deliver about 4.2 million AFY, CVWD and DWA are two of the 29 SWP Contractors who entered into a Water Supply Contract with the DWR in 1963 providing a base (Table A) allocation of SWP water. Currently, no infrastructure exists to physically deliver SWP water to CVWD or DWA. To exercise SWP deliveries, CVWD and DWA exchange SWP water with MWD for an equal amount of Colorado River water, which can be delivered via the Colorado River Aqueduct. 2.3.2.1 Table A Aflocah ons CVWD and DWA's original contracted Table A allocations were 23,100 AFY and 38,100 AFY, respectively, CVWD and DWA have since executed agreements for additional block amounts of SWP water, increasing their total Table A all ocaktions: + In 2003, the agencies executed a Delivery and Exchange Agreement with MWD for 100,000 AFY as a permanent transfer-88,100 AFY for CVWD and 11,900 AFY for [)WA • In 2004, CVWD purchased an additional 9,900 AFY of SWP Table A water from the Tulare lake Basin Water Storage District r In 2007 (effective In 2010), the agencies executed two water transfer agreements for SWP Table A water with: o The Berrenda Mesa Water District for 16,WO AFY-12,000 AFY for CVWD and 4,000 AFY for DWA o The Tulare Lake Basin water Storage District for 7,000 AFY-5,250 AFY for CVWD and 1,750 AFY for DWA Together the original allocations and additional block amounts result in a total allocation of 194,100 AFY of SWP Table A water available to CVWD and DWA— 1-S 8, 3 50 AFY for CVWD and 55,750 AFY for DWA. 2.3.2.2 SWPSupplernentcd Water CVWD and DWA also purchase supplemental water, as available, from the SWP on the spot market, Including through the DryYearTransfer Program and the Turn -Back Water Pool Program (Pool A and Pool I3}. In 2008, CVWD and DWA executed agreements to augment their SWP water supplies with water made available from the Yuba River Accord. CVWD and DWA executed separate Dry Year Water Purchase Program participation agreements with DWR to acquire SWP supplemental water available through the DWR's Yuba WaterPurchase Agreement underthe Yuba River Accord. DWR initiated Yuba Dry Year Water Purchase Programs to augment water supplies in anticipation of decreased water availability to SWP 2022-2023 Engineer's Deport 2-7 TOAD I W&C 110 Contractors resulting from dry hydrologic conditions and/or regulatory constraints. The amount of water available for purchase varies each year and is based on DWR's determination of the Water Year Classificatfon, It is estimated that CVWD and DWA may be able to purchase up to 4 percent {5,600 AFY} and 1.3 percent (1,820 AFY) of Yuba Water Purchase Agreement water, respectively, under their participation agreements. These agreements provide for exchange of these supplies with UWD for Colorado River water in accordance with exl sting exchange agreements. 22,23 SWP Exchange to MWD Table 2-2 11sts CVWD and DWA allocations of SWP delivered to MWD In 2021. The final allocation Df SVVP Table A amounts in 2021 was S percent, reduced from an initial 10 percent alivcatlon due to persisterwt dry conditions (see Section 2.3.2.6 below). Table 2-2. SWP Exchange Delivery to MWD in 2021(;) . �.. �..m �.'f�''�S .•.o. 'f:x i F .. d„ ,,��++��S.'��, . ' "2 A".5"f:� 1N.' � 5�y 'sl Usld ,�I� � � �rl �� n'a -4a.` � k;fa.�,t.�.ft w -'h � , NK.<r. :'t� d �Y�'i l':.1��vtj�+j rv'F .:> k .:�h}: �� �, � �-.. �.l.r' n x�+�: 3 :S'�.„: �i ��,�.'� �� �%. "b'A�� � 9 4 �yy.,����"�1.1. �r •±�py�,. r�r 3i`" ..5'i'.... r .,....h:/.�;:.��;.�{ ': r', .}> 1, ;�:.'r: x 1�bekrry �{.. .��•..5 .��. ��}�v,-T ,.. ..z �H"• �5 �t—��' 6 � Y.y.-,•:',ix �ti:^'^,}n..: :�': :s �. _ q..3., pi f. )�7: .J-.�.: Y�k':,.�: h_.:; :. ��.�v #.' � �'� y[�'P` - �.F:r�S'•.;': �` �}. �. G,o-.. z3..t�,4•s•...w :'� �5 fl '.4 �.��i(l q"" isM1.s. Table Aini 61918 2,788 9,706 Article 21 0 d 0 Turnback Pool A and B 0 0 0 Multi -Year Pool 0 0 D Dry Year (Yuba) $79 734 1,613 Flex Storage Payback 0 0 0 Article 56 "Car over" 0 0 0 Rosedale -Rio Bravo 9,500 0 9,500 MIND SWP Transfers 6 0 6 Total Delivered to 1(M WI13 17,303 3,522 20,825 ta0 """N euiw.De4wiu xmenarnenr [o me ueavery 2no txcnange AffreeMent al1cwa t-VVVU to receive 15,0W AF of the 20, 000 +F 1988 MW D/110 Approval Agreement at the Whitewater River GR � through 2026, M WD retains 5e000 AF_ I n CY 2D21, CVWD received delivery of 15,000AF at the Whitewater River GRF. This is included In Table 2-1 and not included In this table, (b) CVWD aM DWA's Table A alIcKation includes the original Table A allocatbon quantity as well asaddltional blocs amounts of SWP that they have purchased or exchanged with other agendes, as described in Section 2.3.1, fcr a total of 194,100 AFY. The 20215WRAllocation was 5 percent, resulting in 6,M AF for CVWD and 2,798 AF for DWA, fur a total of 9,706 AF of Table A water. �cj The Ct$A provided CVWD a tronsferef MWD Table A water in the amount of 35,nt]a AFY. This $wP water 1s exchanged for Colorado Rlver water and can be delivered at Imperial darn for dellvery vl$ the Coachella Canal to the eastern portion of the Whitewater River Subbasln or can be delivered via the Colorado Rlver Aqueduct for delivery W the western portion of the Whitewater Rorer Sulbbasln. In CY 2021, CVWD received 6 AF of this Q$A transfer water. 2, 3-2-4 Advance Deli very Agreement In 1984, CVWD and DWA entered into an Advance Delivery Agreement with MWD whereby MWD could store up to 600,000 AF of Colorado River water to the Basin as an advance delivery of SWP exchange water. This agreernent was later amended to increase the maximum pre -delivery amount to 9M,000 AF. MWD can deliver SWP exchange water to CVWD and DIVA as wet water or as a deductlon frorn its Advance Delivery storage account. The existing Exchange and Advance Delivery Agreements were updated and consolidated in 2019 into a single amended and restated agreement. At the end of 2021, MWD's balance in its Advance Delivery storage account was 2 92,58 1 AF, 2022-2023 Engineer's Report 2-8 TODD f &C 111 2.3-2-5 Appoftronmentof Store Water project &Change Water In accordance with the 2014 Mission Creek Groundwater Replenishment Agreement, CVWD and DWA proportionally distribute SWP exchange water between the West Whitewater River Subbasin and Mission Creek Subbasin Management Areas based 0A the calculated annual groundwater production and surface water diversions within each area. Since deliveries to the Mission Creek Subbasin Management Area began in 2002, an average of 92.5 percent of the SWP exchange water received by CVWD and DWA has been delivered to the West Whitewater Rlver Subbasin A03 for replenishment with the remaining 7.5 percent delivered to the Mission Creels Subbasin Management Area. Cumulative replenishment water deliveries between the Mission Creek Subbasin and West Whitewater Subbasin Management Areas will be balanced as determined by CVWD, DWA, and MSWD Management Committee, but no later than 20 years From December 7, 2004. 2.3.2,5 SWP Reliability Each year, DWR allocates a percentage of the total Table A amount that it will be capable of delivering to the SWP Contractors based on variable hydrologic conditions, environmental constraints in the Sacramento -San Joaquin Delta, and various operational constraints, among other factors. In 2021, California experienced an extraordinary dry water year and as a result, the Table A allocation in CY 2021 was 5 percent. In 2021, DWR and the U.S. Bureau of Reclamation prepared a State Water Project and Central Valley Project Drought Contingency Plan (DWR and USER, 2021) to provide updated information about areas of potential concern given the dry hydrology of 2021. To foster coordination among involved state and federal agencies, the Drought Contingency Plan provides updates on hydrological conditions, species status, forecasts of hydrology, SWP and Central Valley Project (CVP) operations, areas of potential concern anti monitoring efforts to be implemented. The Drought Contingency Plan was developed for the period of March 1, 2021 to September 30, 2 02 1. Every two years, DWR publishes a SWP Delivery Capability Report that estimates the long-term average delive rabIIity of SWP water, i n August 2020, i3WH issued the 2019 Del iveryCapability Report (I)WR, 2020}, which includes an evaluation of dellive ries through CY 201& For the modeling simulations, D R used an 82-year hydrologic record, which is believed to be sufficienit to provide a reasonable range of potential hydrologic conditions from wet years to critically dry years. The 2019 lie port estimates the long-term average del i►rerability at 58 Percent of maximum Table A amount. Additionally, the 2019 Report shows that there is a decreasing trend in the long-term average d al ivera bi lity of t'maximam Table A amount, from 58 percent under cu rrent (2019) conditions to 52 percent under'futuFe (2040) conditlons. The draft 2021 Delivery Capability Report reduces the long-term average to 51 percent; however, the report has not yet been finalized (DWR, 2021), 2.3.2.7 Delia Conve once project On April 29, 2019, under Executive Order N-W-19, Governor Gavin Newsom directed his administration to develop a dirnate-resilient water portfolio to meet California's water needs through the 21' century, including modernizing conveyance through the Sacramento -San Joaquin Delta (Delta). Under this direction, i)WR launched an environmental review and planning pracess for the Delta Conveyance Project (DCP), a single tunnel to convey water from the Sacramento River to existing state and federal pumping facilities. The purpose of the proposed DCP is to modernize the aging SWP infrastructure in the Delta to 2022-2023 Engineer's Report 2-9 TOQa J W&C 112 restore and protect the reliability of SWrl water deliveries, which will be Consistent with Governor Newsom's Water Resilience Portfolio. DWR is the owner and operator of the SWP and is responsible for all assoclated upgrades and maintenance, including the proposed DCP. Currently, the DCP is in a planning and design phase and DWR is the lead agency in this effort. The Delta Conveyance Design and Construction Authority Is art independent Joint Funding Authority whose members are made up of project stakeholders, Including CVWD, and assists DWR with the design and development of the DCF by providing technical insight and public outreach. In November 2020, CVWD`s Board of Directors authorized participation in the IDCP at a level of 3.78 percent and approved funding for planning and design costs for 2021 and 2022. 2.3,2,8 Sites Reservoir Project The proposed Sites Reservoir Rrojea will be an off -stream reservoir in the Sacra rnento Valley in Glenn and Colusa counties. The Sites Reservoir will capture storm -related winter runoff from uncontrolled streams in the Sacramento Valley, divert the water upstream of the Sacramento -San Joaquin River Delta, and pump it into the proposed 1.5 million AF reservoir. The purpose of the proposed project is to increase water supply flexibility, reliability, and resiliency in drier years. Currently, the proposed project 1s in a planning and design phase with the Sites Proje€t Authority acting as the lead agency. In 2016, the Board authorized CVWD's participation in Phase 1 of the Sites Reservoir at 26,500 AF of annual water supply. In 2019, CVIND's Board authorized a decrease in the annual volume subscription to 10,000 AF, In 2019 and 2020, the Board authorized CMD's participation in Phase 2 of the Sites Reservoir and approved funding for pre -construction costs through 2021. 2.3.2.9 take Perris Dam Seepage Recovery Pmject In 2017, BAWD and DWR began prelime nary planning for recovery of seepage below the Lake Perris Dam and delivery of the recovered water to MWD in addition to its cu rrent allocated Table A water. The project is composed of installing a series of five pumps placed down -gradient from the face of the Lake Perris Dam that will pump water that has seeped from the lake into the groundwater. The recovered water will be pumped into a collection pipeline that discharges directly into MW€]'s Colorado River Aqueduct south of Lake Perris. In 2021, CVVVU and DWA signed an agreementwith M D and DWR forfunding of environmental analysis, planning, and preliminary design. An additional agreement (or amendment to the existing Exchange Agreement) will be needed to exchange the recovered seepage water with MWD for Colorado River water. The project is estimated to recover approximately 7,500 AFY, with 2,425 AFY for delivery to CVWD, and is anticipated to begin delivery in 2023. 2.3.3 Other Supplemental Water In 2003, CVWR and M D entered into a one-time agreement for MIND tc return 32,000 AF of the Colorado River water received because of water conservation measures taken by CVWD In Palo Verde prior to the execution of the QSA, From 2007-2009, MIND delivered this volume of Colorado River water to CVWD far direct replenishment at the W hitewater River GRF, 2022-2023 Engirteer's Report 2-10 TOD17 f W&C 113 In 2008, CVWD executed an Agreement with the Rosedale Rio Bravo Water Storage RistriCt (Rosedale) for a one-time transfer of 10,000 AF of banked Kern River flood water_ From 2008-2012, CVWD exchanged this water with MWO for the delivery of Colorado River water. In 2003, D A executed an Exchange Agreement with MWD for the delivery of non-S P supplemental water to replenish water extracted by CPV-Sentinel Energy, Inc. From 21008-2C11, about 8,350 AF of Colorado River water was directly replenished at the Mission Creek GRF in conjunction with this agreement. In 2010, CVWD executed an agreement with DM Pad fic, lrlc_ for a one-time transfer of 8,393 AF of so- called Nickel water made available through the Kern County Water Agency's Kern River Restoration and Water Supply Program, in 2010, CVWO exchanged this water wlth MIND for delivery of Colorado River water, In 2012, CVWD executed an Assignment Agreement with the Glorious Lands Company (GEC), which transferred the existing Amended Water Supply Agreement between GLC and Rosedale to CVWD - CVWD will receive u p to 9,500 AFY from Rosedale through 2035. CVWD will exchange this water with MWD for the delivery of Colorado River water. MWD delivered CMD's 2019 and 2020 GLC/Rosedale water purchases clu ring CY 2020, fora total delivery of 19,000 AF in 2020 (9,500 AF for each 2019 and 2D20). As described in Fable 2-2 above, MWD delivered the 2021 GLC/Rosedale water purchase of 9,500 Ar to CVWD. 2.3.4 Recycled Water Wastewater originating within the CVWD service area is conveyed to and treated at five CVWD WRPs. Currently, recycled water from two of the WRPs [WRPs 7 and 101 is used for golf course and green -belt irrigation. The water treated at the remaining three WRPs (VVRPs 1, 2, and 4) is discharged to percolation/evaporation ponds or the CVSC. WRP 9, which produced recycled water, was formally decommissioned in 2016. Because recycled water is a local, reliable water supply, CVWD plans to expand its use in the Basin. 2.4 DIRECT AND IN-UEu REPLENISHMENT CVWD conducts replenishment through the fallowing mechanisrns: • Direct replenishment through the delivery and infiltration of imported water at recharge basins overlying the Basin + In -lieu re pie nish rn ent, which occurs w h en grou nd water users in the Basin are provided alternative water sources (Colorado River water from the Coachella Canal or a blend of Colorado River water and recycled water from WRPs 7 and 10) to meet non -potable demands that would have otherwise been met from eroundater extractions Figure 2-1 shows the facilities used for replenishment. Additional GRP details are provided on the following page and in Sections 3 through S. 2022-2023 Engineer's Report 2-11 TODD 1 W&C 114 2.4.1 Mission Creek Subbasin Management Area and Area of Benefit Direct replenishment with imported waterfrom the Colorado River Aqueduct began In 2002 atthe Mission Creek GRF. Figure 2-1 shows the location of the Mission Creek GRF at the base of the Little San Bernardiino Mountains. From 2002-2021, a total of 167,044 Ar of SWP Exchange water was delivered to the Mission Creek GRF for replenishment of the management area. There are n0 existing facilities far in-iieu replenishment in the Mission Creep SuMasi n AO0. 2.4.2 West Whitewater River Subbasin Management Area and Area of Benefit Direct replenishment with imported water from the Colorado Rimer Aqueduct began in 1973 at the Whitewater Rimer GRF and from the MVP in 2019 at the Palm Desert GRF, Figure 2-1 shows the locations of the two facili6es in the northern and southern ends of the management area. From 1973-2021, a total of approximately 3.8 million AF of imported water has been delivered to the West Whitewater River Subbasin Management Area facilities for replenishment. The West Whitewater River Subbasin Management Area is also replenished via in -lieu methods by delivering water to customers for nun -potable uses to offset groundwater production. Mon -potable water delivery to gaff courses in the AGB began In 1967.1n 2009, CVWD completed the first portion of the MVP, which conveys imported Colorado River water from the Coachella Canal to irrigation users along its reach. The MVP terminates at WRP 10 where it delivers Coachella Canal water to supplement the recycled water supply for customers En the AOB. Figure 2-1 shows the locations of the Coachella Canal, the MVP, and WRP 10 1n the southern portion of the CVWD's AOB. At full build -out, the MVP will have the potentlaI to supply non -potable water to over SO golf courses in the Palm Desert/Rancho Mirage{Indian Wells area. While located in the East Whitewater River Subbasin A013, WRP 7 has served a blend of Coachella Canal water and recycled water to two golf Courses in the West Whitewater River Subbasin AOB since 1997. Figure 2-1 shows the location of WIRP 7. 2.4.3 East Whitewater [fiver Subbasin Area of Benefit Direct replenishment with imported water from the Coachella Canal began in 1997 of the Dike 4 Pilot Facility, predecessor to the Thomas E. Levy (TEE~) GRF. Direct replenishment of imported water from the Coachella Canal also occurred at the Martinez Canyon GRF from 2005 to 2013 as a pilot replenishment program, Figure 2-1 shows the locations of the TEL and Martinez Canyon GRFs at the base of the Santa Rusa Mountains. From 1997-2021, a total of 489,396 A of Colorado cover water was deIivered to the TEL and Martinez Canyon GRFs for replenishment of the AQR. The Fast Whitewater lover Subbasin AOB is also replenished via in -lieu methods by delivering imported water for non -potable uses to customers to offset groundwater production. CVWD delivers imported Colorado River water from the Coachella Canal for irrigation to farmers, golf courses, and other non - potable water users as a substitute For groundwater pumping, Since 1997, WRP 7 has served a blend of Coachella Cana I water and recycled water to 9 holes of one golf course in the AOB. Figure 2-1 shows the locations of the Coachella Canal and WRP 7 in the northern portion of the A013. 2022-2023 Engineer's Report 2-12 TODD / W&C 115 2.5 GROUNDWATER REPLENISHMENT PROGRAM ASSESSiU1ENT This section describes CVWVs authority to levy and collect water replenishment assessments, the fkrnding mechanisms for the GRPs, and the methods of determining production. It also describes cost of service studies used to develop fair and equitable rates and to provide recommendations for potential rate adjustments and discusses haw conservation has impacted the RAC rates. 2.5.1 Authority to Assess water Code Sections 31630-31639 authorize CVWQ to levy and called water replenishrnent assessments for the purpose of replenishing groundwater supplies within CVW€} boundaries. The water Code defines production, producer, and Minimal pumperfor replenishment and assessment purposes as follows: "Production" or "to produce" means the extraction of groundwater by pumplrlg or any other method within the boundaries of the district orthe diversion of surface supplies within the district that naturally replenish the groundwater su pplies within the 61strict and a re used therein. "Producer" means any individual, partnership, association or group of individuals, lessee, Firm, private corporation, or any public agency or public corporation, including, but not limited to, CVWD. "Minimal pumper" means any producer who produces 25 AF or less in any year. Production by Minimal pumpers is exempt from assessment. The Water Code states that assessments may be levied upon all water production within an AO {other than that produced by Minimal pumpers), provided that the assessment charge is uniform throughout said AOB. 2.5.2 Funding Mechanisms 2.5.2A Replenishment Assessment Charge The RAC is a monetary assessment per AF of groundwater extracted authorized by the Water Code. The RAC is uniformly applied within each AO to producers whu extract mare than 25 AFY of groundwater. The RAC for each AO is determined based on the costs and revenues of the GRP for the A46. RACs are iirnited to certain specified costs, as explained below. In the initial 12 years of operation of the West Whitewater River Subbasin GRP, only the Variable Operation, Maintenance, Power, and Replacement component of the Transportation Charge, and the Delta Water Charge far the 5P could be included in the calculation. However. in 1991, the Legislature passed, and the Governor signed into law AB 1070. This bill continues to limit the charges assessable against production but Includes an additional component of the Transportation Charge: the Off -Aqueduct Power component, Under the Water Code, CV D calculations have also been allowed to include surplus or excess water charges, payments to DWA for similar payments by ❑WA to the State, the cost of importing and recharging waterfrom sources otherthanthe SWP, and the cast of treating and distributing recycled water. The RACs considered in this report are based on the mast recent and reIiable information availahle with respect to applicable costs. The costs included in the calculation of the RAC for each A411 are included in their respective sections of this report. 2022-202Z Engineer's Report 2-13 TODD / W&C 116 2.5.2.2 Coachella Valley Water District Stote Water Project 71ax In 1959, the voters of California approved and adopted the Burns -Porter Act (DWR Bond Act -Water Code Section 12930 and, in so doing, approved the use of local taxes when a local agency's board of directors determines such use to be necessary to fund that agency's water contract obligations. CVWD's Board of Directors determined that such a talc was necmary to carry out those obligations, which were incurred pursuant to CVWD's long-term plan to eliminate groundwater overdraft through replenishment that would benefit the entire Coachella Valley. This property tax has been levied on all property within the CVWD boundary since 1967. Imported water supplies delivered through the 5 P are an important component in helping CVWD to fulfill the dual needs of meeting customer supply demands and meeting the goal of groundwater sustainabiiity. In addition to routine maintenance needs, additional funding is also necessary for unanticipated repairs (e.g., Orouille spillway)_ Other expenditures include projects to Improve supply reliability, inducting the Delta Conveyance Project and other water augmentation projects that use the SWP system. in order to fulfill the financial commitments for these additional costs, CVWD's Board approved the total S P tax to $0.11/$100 of assessed evaluation (AV) on April 13, 2021. 2.5.23 Methods for DeterminingGrotmdwoterproduction In accordance with Water Code Section 31638.5, producers who produce greater than 25 AFY, including artesian flowing groundwater, a re required to have water -measuring devices insta lied on all wells or other water producing facilities and report the total amount produced from all wells to CVWD on a monthly basis, M InirnaI pumpers are exempt from this provision. Producers submit a water production statement on a CVWD-approved form with their RAC payment each month or enter into a Water production Metering Agreement ►with CVWD to have CVWD staff measure and report groundwater production, if no statement of production is furnished, CVWD calculates production based on energy consumption records (In kilowatt-hours) and the results of well pump tests, indicating unit energy consumption perAF of production (in kilowatt-hours per AF). If no energy consumption records are available, CVWD computes the groundwater production based on the con sum ptiae use of water, Consumptive use is computed by multiplying the irrigated acreage for each crop type using CVWD's crop report (conducted semiannually) by a water consumption factor for each crop, The water consumption factor Is based on published crop evapotranspiration requirements, an allowance for leaching, a nd an irrigation efficiency factor. Other water consumption factors are used to compute production for water not used for irrigation. Production is Computed by Subtracting any metered deliveries of Coachella Canal water or recycled water. If the total rnetered, estimated, or computed annual amount of prod uc#ion for any producer is 25 AF a less, that entity is designated a Minimal pumper and is exempt trorn the RAC for that year. Minimal pumpers are reevaluated as necessary. 2.5.3 Cost of Service Study In 2020, a five-year Cast of Service Study was initiated to develop fair and equitable rates and recammendations for pole ntial rate adjustments necessary to cover operat1ng cost Increases and critical invest mer►t In CVWD infrastructure. The Cost of Service Study for the Mission Creek Subbasin AO8, West Whitewater River Subbasia AOB, and East Whitewater River Sub basin AO was completed in April 2021. .2022-2023 Engineer's Report 2-14 TODD f W&C 117 The RACs recommended herein are in line with the 2021 Cost of Service Studies which are available on CVWD°s rate changes web page. 2.5,3,1 Effects of Conservotion Water conservation may also become an important driver for future RAC rates. Reduced groundwater production, associated with water conservation, benefits the groundwater basin and Is an important element of ongoing water management under the 2022 Aiterriative Ffan [Updates forthe India and Mission Creek sulbbasins, respectively. The cast of this benefit is reflected in increasing RAC rates that result from ongoing GRR costs that must be divided by lower groundwater production amounts. Governor Brown`s April 1, 2015 executive order responded to drought conditions in California and mandated a 25 percent reduction in water used try public water systems in California. To achieve this mandate, CVWb was initially tasked with reducing water use by 36 percent (later by 32 percent), as were several other local public water systems. In addition, the Governor recommended that golf courses using groundwater reduce their water use by 25 percent. Together, these changes would have equated to an approximately 20 percent reductinn in groundwater production throughout the CV 0 service area. These reductions were overridden by the May 18, 2016 State Water Resources Control Board {SWRCB) "stress test" approach. However, should such mandatary reductions be reinstated 1n the future, it wound require increases in the RAC to continue fu nding ongoing GRP expenses, as described in the 2021 Cost of Service Study. Dn May 31, 2018, GGvernar Brown signed Assembly Bill (AB) 1668 and S8 606, which are jointly designed to overhaul California's approach to conserving water. The measures impose several new or expanded requirements on state water agencies and local water suppilers and provide fvrsignificantiy greater State oversight of local watersuppliers' water use, even in non -drought years. These were adopted in response to Governor Brown's May 2016 executive order, which called forthe State to make water conservation a "way of life" in California. AB 1668 and SE 606 require the SWRCB, in coordination with DWR, to establish long-term urban water use effidencystandards by June 30, 2022. Those standards will include comporientsfor indoor residential ose, outdoor residential use, water losses, and other uses. 2022-2023 Engineer'S Report 2-15 TODD f W&C 118 3. MISSION CREED{ SUBBASIN AREA DE BENEFIT This section describes the replenishment and groundwater production activities for CY 2021, the condition of the groundwater supplies, the expenses and revenue of the Mission Creek Subbasin GRP, and the recom mended RAC rate for FY 2022-2023 for the Mission Creels Subbasin AOB, 3.1 DEFINITION OF AREA OF BENEFIT The Mission Creek Subbasin AOB is the portion of the Mission Creek Subbasin Management Area located within the boundary of CVWD. Its boundary description is as follows: `Beginning approximately V6 mile west of the center of Section 10, Township 3 South, Range 5 East, San Bernardino Meridian; then southeasterly, along the North Branch of the San Andreas Fault (Mission Creek Fault).to the intersection of the South Branch ofthe San Andreas Fault.; then northwesterly, along the South Branch of the San Andreas Fauk (Banning Fault), to the intersection of Avenue 20 and Palm Drive; then north, along Palm Drive, to Avenue 18; then west, along Avenue 18, to Little Morongo Road; then north, along Little Marongo Road, to Avenue 16; then east, along the north line of Section 12, Township 3 South, Range 4 East, to the northeast corner of said section; then south, along the east Ifne of Section 12, Township 3 South, Range 4 East, to the east -west mid -section line, which is Dillon Road; then east, along Dillon Road, to the point of beginning." 3.2 GROUNDWATER CONDITIONS Current groundwater conditions in the Mission Creek Subbasln are described in detail in the Mission Creek SubbosinAnnuaf Report for WY2021 (CVWD, 2022a). This section utilizes the data and findings from that report to summarize the groundwater conditions in the Mission Creek SubbasIn AO6. Figure 3-1 shows changes In average groundwater levels over the last year, from WY 2020 to 2021. Average groundwater levels remained relatively stable across most of theAOB. Groundwater levels In the northwestern part of the management area near the Mission Creek GRF decreased by about S ft. This decrease is attributed to the reduction in replenishment at the Mission Creek GRF from 1,768 AF in 2020 to 0 AF in 2071, Figure 3-2 shows long term changes in average groundwater levels from WY 2009 to 2021. Water Year 2009 represents a period of historical lows in most areas of the basin and the difference shows the Subbasin recovery. As shown, groundwater levels across the northern portionsof the AO6 have increased since 2009 by up to 20 ft (sce Weds 03505€17.1015, 03S05E19BOIS, and 03SO4E12FO1S). These increases are most likely a result of the high volurnes of past direct replenishment that occurred at the mission Creek GRP during the period 2010-2012. Water levels in WY 2910 were at historic highs near the GRF because of increased vol uMes of direct re plen] s h m ent. In the northernmost portion of the management area, near the Mission Creek GRF, current groundwater levels have decreased by up to 20 ft (see Well 02504E211-1O1S). This recent decline in groundwater levels is likely due to the lower volumes of replenishment that have occurred at the Mission Creek GRF compared to the period of 2010-2012. Figure 3-3 shows well hydrographs that exhibit representatNe trends in groundwater levels across the management area over the same period, along with the annual replenishment volumes. The observed groundwater levels at monitoring wells in the Mission Creek Subbasin AOB demonstrate the benefit and effectiveness of the GRP in sustaining groundwater supplies. 2022-2023 Engineer's Report 3-1 TODD 1 W&C 119 . _ ----�torlen C[enr Grnta,dw.br_. �._.`------ T T ---. —._.. _. R.Iaretli —.— -- + i+lerr Y-gr,�ipn i R�I.nl.l,nrnr Farhrr 1-FjN�praph SYarn on Fl�ie 3-9 `;� �. j >rep�nl�mehl Fai011ly CAME hGreumhuler � Eleroaon Cmwerr (re�erj * '� I[91 Cl9yP tZS41E7'rH91S 6 rrel C7+�nye � 5flBY ChStgB i •� a 03S84El7FM£ r � f13675�►J07S i;. f- Ra7lorgLYY7iF I: i 03568E199g1$ Poem RraLrr.6.rr11+'or wouno+wurr '� hcplmlreuwal Flel Wy 1 Nwmi+G 1 -,why"w1ft . �cuw0 _---..._...... Plan YL'Rp7 HL{csien Cant 9ut6as.A4q Q r imm Ci"k Subt-n n Manog—I Ar94 Rpm z-1 wU014 W k-AOw Ri— Sulbba "nos DDgW G i# b 43 f+i o 4'! AT F. 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Pile sfN�3 I 6 a bVNr. 14ltm •. x MJftFlea tv D Q Mn*n Creek SuMma mA09 MMwrlae Creak S.Vb..i, M—gol.enl Am I �tJ Fig IAF �Y4stWhllexararF>MnySibblFol+0[# h+oalV4riinwaier7 crSuhLas+nklonao�mcmthroe DM -3R0UIgnw tI � WY 2009 W 2021 Ch0[ga to EoillMiiloYNl.f A:rosu4barin i�a� �S.on7laonn uKiro Groundwaiar Elevation in thin-Mitsi¢n ;�Caifwn;o-CbNrrr Wooda 'GlArran Greek Sub;bmhManagernentArea 102;-�Px3 8nglneer's Repot 3-3 TOPG I W&C 121 r �1.n vah r 11M{4`IIGYiyArYVI 1 ir, i Ilp.nnw,�laoiry f..lu ��� A.AnNE+,r _ k 4 a}�.Li WYS t t 11L71rILL .+iiY�f1L�4 ` IC f.�64 Mw-0N a+M r S 1 Mo =y.. Y ..,. • Wn�kr.,• C,MihM,nFrB a a p' �a„++, V.vFNva.aM M1+�i -- +O• r..�.rww Mm6iwrxa iJ Imam �wa5www��n,gx.L+•wr a Fm « .� r� r r a 4 u e boa a 2010 2011 2012 2013 2014 Z15 2910 2017 201$ 2019 202yi...0�j"�i021 aeao-lER,,.s1a ® f'+4i11YP4,Y71nti,'R � yF491IN Jda aasv+r�,xala i`..+! Hydiog raphS aEod Olrwt �I— UU205 7Jo,a G It d u M D YV AT £ a Repleniahmerl 16r the z• "SW[l" t IRIaEdery [iLffAYY MlWi0ft CraOk &963e1r1 ^c AMR Of 15"CIA 2*22-2023 En9lneer'S Report 3-4 TODD / W&C 122 .3 GROUNDWATER PRODUCTION Table 34 lists the annual groundwater productiun volumes from the Mission Creek Subbasin Management Area from CY 1978 to 202L The table includes groundwater production for pumpers in both CVWD and DWA AOBs. Beginning in 2004, groundwater pumpers in CVWD's Mission Creek Subbasin AOB extracting greater than 25 AFY were required to meter and report their production. Reported production has been used since2004 as accurately representing assessable production in the A40B. In CY 2021. assessable production in CV D's Mission Creek Subbasin AO was 4,S 2 AF, approximately 32 percent of the total production within the management area. Total production in the management area was 14,207 AF, a decrease of 1 percent from 2020_ Assessable production exchides groundwater production from Minimal pumpers who extract 25 AFY or less within CV D`s A06 and 10 AFY or less wEthtn DWA's AOR. Water Code Section 316335.5 exempts Minimal pumpers within CVWD's Mission Creek Subbasin A43 frgm any replenishment assessment ar production reporting provisions. 3.4 D(RECTANE) IN -LIEU REPLENISHMENT This section describes the replenishment activities in the Mission Cree k 5 u b basi n AOB, 3.4.1 Replenishment Facilities Direct repienishment of the Mission Creek Subbasin Management Area is currently accompiished via the artificial recharge of SWP water exchanged for Colorado River water at the Mission Creek GRF, The Mission Creek GRF is located in the northern portion of the management area near the fntersection of Highway 52 and North Indian Canyon Drive. D A completes! construction of the Mission Creek G R F in Jude 2O02, and direct re pie nishment activities commenced 9n November 2002. 2022-2023 Engineer's Report 3-5 TODD / W&C 123 Table 3-1.. Groundwater Production within the M iss !on Creek Su bbas in Management Area l`Yi Met N 7:: , ;.: �,.: n; R�� V3 1978 854 1,399 2,252 1979 1,001 2,564 3,565 1990 1,107 2,914 4,021 1991 1,421 2jS78 4,299 1982 1,302 2,630 3,932 1983 11442 2,979 4,423. 1984 1,915 3,740 5,655 1985 2,148 3,559 5,707 1986 2,159 4,278 6,437 1987 2,234 4,493 6,717 1988 2,302 4,834 7,136 1989 2,606 5,690 8,296 1990 2,512 5,790 3,302 1991 2,292 5,486 7,778 1992 2,188 6,187 31375 1993 2,528 6,333 8,861 1994 2,863 6,813 9,676 1995 21865 7,237 101102 1996 2,838 7,724 10,562 1997 2,104 7,795 9,899 1998 2,757 7,534 10,291 1999 3,004 7,970 1Qj974 2000 3,433 8,405 11,838 2001 3,929 8,421 12,350 2002 4,371 9,597 13,968 2003 4,425 10,073 14,498 20" 4,628 11,920 16,548 2005 4,247 12,080 16327 2006 4,757 12,608 17,3165 2007 4,547 11,862 16,409 2009 4,543 11,232 L5,775 2009 4,913 10,295 15,108 2010 4,484 9,820 14,304 2011 4,653 91550 14,203 2012 4,582 9,493 14,07.5 2013 4y415 10,080 14,495 2014 4,154 9,680 13,934 2-015 4,090 9,580 12,670 2016 4,175 9,044 13,219 2017 4,281 9,250 13,531 2013 4,175 91695 13,870 2019 3,973 9,142 13,115 2020 4o655 9,589 14,244 2022 4,582 9, 625 14,207 (ci) Excludes production by Minim A pumpers who 9xtrart 25 AFY or less and other users exempt From the RAC. (bj Fmcludes prioducti on by M inImal plump" whc extract 10 AFY or less and other users exernpr fram the RAC. tcj Production vAthin DWA's ADD per DWA. 2022-2023 Engineer'S Report 3-6 TOLM / W&C 124 3.4.2 Direct Replenishment Table 3-2 lists the annual volume of Colorado River water delivered to the Mission Creek 5ulbbasin Management Area for direct replenishment at the Mission Creek GRP from CY 2002 to 2020. In 2021, no SP Exchange water was delivered to the Mission Creek OF for direct replenishment. From 2002 to 2021, a total of 167,044 AF was delivered to the Mission Creek GRF for direct replenishment of the AOB, Table 3-2. Deliveries for Direct Replenishment at the Mission Creek Groundwater Replenishment Facility �`s •1�i '.os''1' f. r{. .,k^�'' .'ys7M}t VsA 2002 4,733 2003 59 2004 5,564 2005 24,723 2006 19,901 2007 1,011 20NW) SG3 200918a 4,090 20101a1 33,210 20110) 26,238 2012 23,406 2013 2,379 2014 4,325 2015 171 2016 0 2017 9,249 2018 2,027 2019(") 2,688 2020 1,768 2021 0 Total T 1.67,044 (a) Includes deliveries of DWA's non-5wR supplemental water purchased from entitles in Kern County for the CPV Senti net Energy Power Plant. (b)The volume of water recharged to the Mission Creek GRF In CY 2019 reported in the 2020Q021 Engineer's Report was provisional. The proAslonal value of 3,493AFwa5 updated herein to 3,688 A.F. 21.4-3 In -Lieu Replenishment Access to recycled water for in -lieu source substitution is currently unavailable in the Mission Creek Subbasin Management Area. Construction Is underway at 11r15Wf3's Regional Water Reclamation Facility (WRF), located in the West Whitewater River Subbasin Management Area (see Figure 2-1), and the facility is expected to be operational in fa112021 As documented in the 2022 Mission Creek Strbbasrn Afternotive Plan update, construction of tertiary treatment at MS D's Regional WRF will provide recycled water suitable for recharge or non -potable reuse after it is conveyed to the Mission CreekSubbasia. 2022-2023 Engineer's Raport 3-7 TODD / W&C 125 3.5 FUTURE PROJECTS The existing direct replenishment activities in the Mission Creek Subbasin Management Area are expected to continue, Currently, CVWD has not selected any replenishment projects for future i rn pie m entatio n in the Mission Creek Subbasin AOB. 3.6 NEED FOR CONTINUED REPLENISHMENT Historical declines in groundwater 14 ►vels in the Mission Creels Subbasin led to the d eta rm I nat !a n that a management program was required to stabilize levels and prevent associated adverse effects, such as water -quality degradation. The joint management agreement between CVWD and D WA to cooperatively conduct the Mission Creek Subbasin Management Area GRP was developed to serve this need and became effective in 2003. Groundwater levels, as measured in wells across the management area, have been a key metric in assessing the effectiveness of the GRP and are stabilized or rising. Average change in groundwater levels since 2009 are positive across the management area, which is evidence that implementation of the GRP has effectively abated historical overdraft. Continued artificial replenishment is necessary to maintain groundwater levels and prevent a return to overdraft in the future. 3.7 REPLENISAMEtfTASSESSMENT This section describes the recommended RAC for the Mission Creek Subbasin AO far FY 2022-2023 3.7.1 Groundwater Replenishment Program Costs The RAC includes costs for importing and recharging water, operation and maintenance costs, and administrative costs for the Mission Creek Subbasin AQB. Payments to DWA (as outlined in the Mission Creek Water Management Agreement between DWA and CVWD) are also included in the cast calculations, as allowed by the Water Code. In addition, continuing engineering studies, well meter reading and maintenance, and groundwater monitoring costs incurred by CVWD are included in the cost calculatlons. 3.7.2 Methods for Determining Groundwater PrWuctlion Groundwater producers who produce more than 25 AFY of groundwater in CVWD's Mission Creek Subbasin A013 are required to meter and report their production pursuant to Water Code Sections 31634.5 and 31638.5. Since 2003, when the replenishment assessment became effectNe in the Mission Creek Subbasin AOB, groundwater producers producing greater than 25 AFY in the AOR have been required to meter and report their production. CVWD has are ongoing program to conduct a thorough field investigation of the use of all wells that may be subject to metering and reporting requirements. The exact number of exempt Minimal pumpers in the Mission Creek Subbasin Management Area is currently unknown. Minimal pumpers predominantly pump water from small wells used for domestic or limited irrigation purposes. The maximum groundwater pumping by the unmetered Minimal pumpersin the management area is estimated to be less than 500 AFY, 2022-2023 Engineer's Report 3-8 TOD❑ / W&C 126 3.7.3 Income Statement Table 3-3 is a surnmary income statements howing revenues, expenses, and cash flow for FY 20214actua) and FY 2022 (projected). The table provides two scenarios for FY 2023 projections based on normal production amounts, and drought production revenues that assume a 7 percent reduction in production based on potential drought restrictions (sWl to be determined at time of publication by the State Water Resources Control Board). The table notes provide a description of the sources of revenue and expenses. Table 3-3. CVWD Mission Creek Subbasin. Area of Benefit Groundlwater Replenishment Program Income Statement A'�' ^'� �. Nc <3 fix: r i.. t arh a f �,6 � r i y ,�quuyy,, �. �.. ��'i � � ���-r,,ry, +i•-• Revenues Replenishment assessment Revenue (RAC Rate)l* $676 $606 $549 Other Revenue(0 $309 $90 $32 Total Revenues $984 $696 $581 Expenses Total O&M Costal`} $510 $220 $311 Administrat€ve Costs $198 $249 $341 Water PurchasesOg $0 �0 $187 Pass -Through Contra Expense{tl $0 $0 ($$O) Transfer To (From) Other FundsCF} $1 $0 $0 Total Expenses $710 $469 $760 Net increase (Decrease) tin Cash Flowlht $275 $227 ($179) Ending Reserves $4,098 $4,325 $4,147 (aa Rtvenues based on fiscal year actual or budgeted production estimates. RAC (or FY 2021- 5135.521M, for FY 2022 5135-52/ALF, and for FY 2023 = %35.521AF, FY 2023 replenishment revenue assumes a 7% decrease In production due to potenkiel drought restrictions, (b) Other Revenues include investment Income and grant revenue. (c) Operations and Maintenance I04M) costs include labor, equipment, and materials for the replenishment fadlities. Jul) Cast to administer the replenishment assessment program includes personnel, meter reading, billln& groundwater monitoringarnd report preparation. Iej Wat*r Purchases include share of allocable State water Projett costs for FY 2023, Ifj Pass -Through Contra Expense includes ex p enditures whe Ft the re1sa direct reimbursement to the District IDWA Shared Costs, Other Agency cost share for SGMA, V50, and SNMPt. The revenue is considered an offset to exipenditures, {gy Transfer To (From) Other Funds includes allocable State Water Project expenses and reimbursement to the District's Materpeol Fund for its share of District vehicles and equipment purchased by the Mutorpool Fund, (h) Net Increase (Decrease) in Cash Flow excludes depreciation_ 3.7.4 Recommended FtAC for FlIscal Year 2022-2023 Based on the projected operating costs, revenues, and reserves, CVWD staff recommend no change to the $135.52/AF RAC that became effective on July 1, 2017. Based on revenues and costs shown in Table 3-3, the Fund is projected to have an increase in cash flow of $227,000 in FY 2022 and a decrease of $179,000 in FY 2023. FY 2023 replenishment revenue assumes a 7% decrease in production due to potential draught restrictions. Total G&M costs are the primary cost drivers for the Fund. As shown 1n the inmme staterrlent, the Fund is projected to have a negative cash flow in fY 2023, but to continue to meet its reserve funding rectuirements prescribed in CVWD's Reserve Pollcy. 2022-2023 Engineer's Report 3-9 TODD / W&C 127 4. WEST WHITEWATER RIVER SUBBASIN AREA OF BENEFIT This section describes the replenishment and groundwater production activities for CY 2021, the condition of the groundwater supplies, the expenses and revenue of the West Whitewater River Subbasin GRP, and the recommended RAC rate for FY 2022-2023 forth e West Whitewater River Suhbasin AOB. 4.1 DEFINITION OF AREA OF BENEFIT The West Whitewater River 5ubbasin AOB is the portion of the West Whitewater River 5ubbasin Management Area located within the boundary of CVWO. Its boundary description is as follows: "Beglnningatthe northwest corner of Section 4, Township 5 South, Range 7 East, San Bernardino Meridian; then south, along Jefferson Street, to Avenue Q. then west, along Avenue 40, to Adarns Street; then south, along Ada rns Street and continuing south along the east line of Section 18, Township 5 South, Range 7 East, to the southeast corner of said section, which is Fred Waring Drive (Avenue 44); then west, along Fred Waring Drive, to Washington Street; then southeast, along Washington Street, to the south bank of the Whitewater Rlver Storfnwater Channet; then west, towards the Santa Rosa Mountains near Happy Point; then westerly along the foothills of the Santa Rosa and San Jacinto Mountains until intersecting the service area boundary of Coachella Valley Water District; then northwesterly along the service area boundary of Coachella Valley Water District to the Whitewater River Groundwater Replenishment Facility; there easterly along the service area boundary of Coachella Valley Water District to the South branch of the San Andreas Fault (Banning Fault); then sou theasterlyalong the South Branch of the San Andreas Fault (Banning Fault) to the intersection with the east line of Section 29, Township 4 South, Range 7 East; then south along the east line Of Section 29, Township 4 South, Range 7 East and Section 32, Township 4 South, Range 7 East, to Avenue 38, then west, tothe point of beginning" 4.2 GROUNDWATER CONDITiONS Current groundwater conditions in the Whitewater River 5ubbasin—also caged the Indio 5uMasi n--are described in detail in the Indio 5ubbasin Annuol Report for WYr2021 {CVWD 2022b}. This section utilizes the data and findings of that report to summarize the groundwater conditions in the West Whitewater Riiver5ubbasin AOB. figure 4-1 shows changes in average groundwater levels over the last year, from WY 2020 to 2021. Average groundwater levels remained relatively stable or increased by about 5 to 10 ft across most of the AOB. Groundwater levels in the northwestem park of the Nest Whitewater River 5uhbasin Management Area and AOB near the Whitewater River GRF decreased up to 20 ft. This decrease is attributed to the reduction in replenishment at the Whitewater River GRF from the record replenishment of 385,994 A in 2017 to an average of about 127,0GO AFY from 2018 to 2021 Figure 4-2 shows changes in average groundwater levels from WY 2009 to 2021. Water year 2009 represents a period of historical lows in most areas of the basin and the difference shows the 5ubbasin recovery. Figure 4-3 shows well hydrographs that exhibit representative trends in groundwater levels across the management area over the same period. Since WY 2009, groundwater levels in the northwestern portion of the management area and the A013 have increased by up to 115 ft (see Well 035UHOF01S). These increases in groundwater levels are most likely the result of the high volumes of direct replenishment that occurred at the Whitewater River GRF during 2010-2012 and 2017-2019. Groundwater levels also gradually increased by up to 60ft in areas that are hydraulically downgradient of the Whitewater River GRF (see Wells 04S05E0911015, 04S051=35G035, and 05506F16A02S on Figure 4-3), 2022-2023 Engineer's Report 4-1 TODD / W&C 128 which dernoostrates the benefit and effectiveness of the West Whitewater River Subbasin GRP in sustaining the groundwater supplies across they management area. In addition to direct replenishment, an increase in conservation efforts, as evident by an everali decrease in purnping across the basin, has also contributed to increasing groundwater levels. A notable exception is near the Sun City/Palm Desert area in the easterrimust portion of the AOB (see Figure 4-2) where groundwater levels have experienced localized declines np to 26 ft. Groundwater levels in this area are being addressed through direct replenishment at the Palm Desert GRF and through expansion of the non -potable water system to reduce groundwater pumping. 4.3 GROUNDWATER PRODUCTION Table 4-1 lists the annual groundwater production volumes and surface -water diversions in the West Whitewater River Subbasin Management Area from CY 1977 to 2 02 1. The table includes data far both CVWD and ❑WA A08s. Starting in 2016, the production volutes for DWA's AD include a small amount of production in the Garnet Hill su barea. DWA previously assessed production in separate AQBS for the Garnet Bill Subbasin and West Whitewater River Subbasin, both located within the Whitewater River Subbasin Management Area. As of FY 2021, D A combined both into one AOB. Beginning in 1982, groundwater pumpers in CVWD's West Whitewater River Subbasin A 0 B extracting greater than 25 AFY were required to meter and report their production. Reported production has been used since 1982 as accurately representing assessable production in theAO6. In CY 2021, the assessable production within CVWD's West W hitewater River Subbasin AO was 122,413 AF, which was approx1mately 77 percent of total assessable production and diversions within the management area. Total production and surface water diversions in the West Whitewater River Subbasin Management Area were 159,245 AF, which represents a 3 percent increase from CY 2020. Assessable production excludes groundwater production from Minimal pumpers who extract 25 AFY or less within CVIND's AOB and 10 AFY or less within DWA's AOB. Water Code Section 316335.5 exempts Minimal pumpers within CVWD's West Whitewater River Subbasin AO from any replenishment assessment or production reporting provisions. 2022-2025 Engineer's Report 4.2 TODD 1 W&C 129 � WNILawFon Fydro➢Rape $iPM'n col Flyue �•7 j ngpr°^komtM FdCiY1' --• �.■mq I'll rout Twgt Ch■ "in al0umb"le, 6mlm0al Ccmou■ ON SO 1I--sY��u�archwV {ieell alp I k�41as -5100 0 -101u -5 Lf •2016 -10 t -in HfaE1bYSly .. Y rl� .l. ,� ap o" pwPreu_ww ~ • 1 1wyWQl41RF l3kk `y r if'~ 44 Cllu4 � i R'i �h ly FLEW 0 W�i�35GU3S t�{� .R• ■ 'j 8E5E6if9A025 vcl P.V. 1 8 � Fr"Vewea em■ntll.■ a RorFIV4m�rt F141■1' • 1 •7 �u� HIUWn Creep &dbbmslOAI)B [= r"alun Lpoef 5u6hee171 Manepem..n uan V*e lY*iluwoeer Riser Suhheem AOBQ YlmlVbim"lw Rlwsu=u-n 4lslaM East YWlhewmer FOwu Suhhpcin A OR M3RM40ijM WRPB 13Ywmla Hal Awly'17ra 2022-2025 EngEnewls Report Dlaaw2gaM f N ■ (�i fl'IU W" 7 TFigure V }�. rr R {7 U N D W ri 2020 to 2Z21 Change In OFOLIndwate 1Yuodard �CYwran Fk walion In Une West WhiNwatGr Rl"r Suhbasln ManagomenI.Area 4-1 TODD f wac 130 + ygel L.xaMdn Hydrn�de Shuxn un Riq,Iro a.3 jjL HeWflishWn FatirT -^—^ GaMOL Ma "ull TnKM Gilargewn Grarnd7 oW —� Elexgren ilp■Iprr {tlpat� Lonq Talrn cnanpr {rn� a 194 @rorevsel ,� 96 io-'LQh ® 00 ao 3+d1a00 Wb+d IOb�d 5 L814 =a-s M•51*0 Ci-1C1a -S .23io • 10 e .2p tdoercaaai + tr N fww,o men '"�� Fie�pl7kUYRF , r.�• 4 7 jo -r r plant Pam GeME&.0 MpFgPMMM �Yti55Wn C+etft SulYataf■ALYB M NkSlon CWa 54UMhl OM;gOrMQrH A.w T f"} Fig UrO 4.2 E3V1e.rrinlmmer Rh- 3ubb—ACGUVOIRVOii!'�AN Rlrl�9JI]t=d M—EM-1 a■ga {3 iEOU7JbWAiDQw 2009 to= Change in amuodwater 9—t MUM-10 RAW $LO W Sa AOL1 OWsavaler HRPe R Owativn in the Vftst W himanter River i Dw Owe w +waaab lf"dard zCLr.an SuU4asin mnagement Area 2022-20U Engineer's Report 4.2 TORa I W&C 131 M m 5m 0 M�+hiS�d 4r�Jw� � �VY+an+-+�/MaT WY r 'fit r l+k-n I• wl x. f rYl„/,-alr Psx srbnwuoq VhN17MYM 9ir_�` Wr+JrT' Iwo RS••'-ar+R4 O7k {y IfC Q 2010 20l7 �013 2013 2914 9UT5 201p 2017 2018 2010 =0 2mi 6j5w-s ..— neaea,r+vis M CwauFmraaa.�m e� FbSum44 awrmwlotis -.,. nasaaeio-wrs DL1 Hydvn"Phand ew. a+9wclscuss a66cc�2rto-is G R O U N D WA T Ek DIhmt R6PkOnFghmenj modwd.curron ter tha Wc!;l Whkowow River Subbasi+ AOS 2022.2023 RhgineW-% Report 4-3 TODD/ W&G 132 Table 4-1. Groundwater Production and Surface -Water Diversions within the West WhKewater River Subba5in Management Area ,,. nx. :.�''. . }:fir'.. .. �. .ti R.�Y..w �•v '^ .. .7 'sar i l•¢` '6;t ,'k-- 's�s�'!;r:'.�.... x.. ywy r;i,&&'r `Q a-, . �$f}k b� Iry c • a 1 ro•4g,.,..�,,'-`�VF " RAN 1977 67,696 18,661 7,000 93357 1978 61,172 28,100 9,530 97,802 1979 72,733 29,393 7,801 109,927 1980 84,242 32,092 7,303 123,537 1981 86,973 31,660 7, S22 12 $,455 1982 83,050 33,382 6,512 222,944 1983 84,770 33,279 6,467 224,516 1984 104,477 39,121 7,603 150, 201 1985 111,635 39,7212 7,143 158,510 1986 115,185 40,965 5,704 162,954 1987 125,229 44,800 5,544 175,673 1988 125,122 47,593 5,246 177,961 1989 129,957 47,125 5,936 183,018 1990 136,869 45,396 5,213 187,476 1991 126,360 42,729 4,917 174,006 1992 128,390 42,493 4,712 175,595 1993 131,314 41,188 6,363 178,865 1994 134,223 42,115 5,831 182,169 1995 134,583 41,728 5, M 182,120 1996 137,410 45,342 51865 198,617 "97 137,406 43,658 5,626 186,690 1998 142,620 41,335 7,545 191,550 1999 157,148 44,350 6,941 248,439 2000 161,934 44,458 61297 212,5 89 2001 125,122 47,593 4,928 208,807 2002 129,957 47,125 4,221 218,410 2003 156,185 43,463 4,627 204,275 2004 159,849 48,093 4,758 222,700 2005 153,462 46,080 4,799 204,341 2006 160,239 48,967 4,644 213,850 2007 157,487 50,037 3,490 211,014 2009 161,695 45,405 31593 210,693 2009 155,793 41,913 1,443 199,149 2010 141,481 39,352 1,582 182,415 2011 141,028 40,071 1,724 182,823 2012 141,379 39,507 2,222 183,108 2013 143,108 37,730 11842 182,640 2014 136,027 36,372 1,787 174,186 2015 115,5&8 30,332 1,539 147,459 201G 115,.659 90,705 2,031 148,395 2017 120,333 33,164 1,996 355,543 2013 119,250 33,873 1,632 154,755 2019 113,941 29,771 11916 145,523 2020 117,770 33,786 2,423 253,979 2021 122,413 36,150 682 159,245 sal rA4luuea lV uuu€uUII uy minimar pumpers wnoextrarl L5 AI-T or MSS and other Users exempt from the RAC. (b) Ex€lodes produclipn NMinimal pumpers who WOO 11) AFY or Jess and alher users exempt from the RAC. (e) Produ-0onwrithlnDWAACBiltsludes prod uctionwithinDWA'sCsafneimill Suhb�lnA4B�starting2016}_ (0) whitewaw Mutual Water Corup0Kly, Chino Creek Snow Creek. and Falls Oreek fDWA ACB). 2022-2023 Engineer's Report 4-1 TODD / W&C 133 4.4 DIRECT AND IN -LIEU REPLENISHMENT This section describes the replenishment 3ctivkties in the West Whitewater River 5ubbasin AOB 4.4.1. Replenishment Facilities Direct replenishment ofthe West Whitewater RiverSubbasin Management Area is currently accomplished via the artificial recharge of SWP water exchanged For Colorado River water and OSA water at the Whitewater River GRF and Colorado River Water from the MVP at the Palm Desert GRF. The Whitewater River GRF is in the western Iwrtion of the West Whitewater River5uhbasin AOB between the WRSC and Highway 111. Situated in the flow path of the 1Whltewater River, this locaticn is ideally suited for large- scale replenishment due to the absence of equitards that retard Infiltration. The Whitewater River GRF went Online in 1973. The Palm Desert GRF is in the southeastern portion of the AOB. Phase I of the project, consisting of re -purposing existing panels adjacent to a nd to the north of WRP 10, was completed in late 2018 and has been operational since February 2019. 4.4.2 Direct Replenishment Table 4-2 lists the annual volume of Colorado River water that was delivered to the West Whitewater River 5ubbasin Management Area for direct replenishment at the Whitewater River GRF from CY 1973 to 2021., In 2021, 15,006 AF and 10,533 A of Colorado River water were delivered to the Whitewater River and Palm Desert GRFs, respectively, for direct replenishment, totaling 25,639 AF of repie nishrnent in the West Whitewater River Subbasin Management Area. From 1973 to 2021, a total of 3,853,090 AF was delivered to the Whitewater River and Palm Desert GRFs for direct replenishment of the management area. 4A.3 In -Lieu Replenishment As described in the 2022 Indio 5ubbasin Water Management Plan Update, CVWD delivers imported Colorado River water and recycled water to large irrigators to offset groundwater production_ The MVP is a key component in ensuring non -potable water availability to current and future custamers. The initial 6.6 miles of pipeline, stretching from the Coachella Canal in Indio to WRP 10 in Palm pesert, wins completed in 2009. Currently, 24 golf courses and other municipal users (Le_, schools and horneowner's associations) are connected either directly to the MVP yr to the non -potable water system supplied by the MVP and WRP 10 recycled water and no longer need to rely on groundwater as their primary source of irrigation water. The goal of these gaff courses is to meet their irrigation demands with no more than 20 percent groundwater for their total irrigation use each year. As golf courses are connected to non - potable water, the managers sign Nan -Potable Water Agreements, which include an 80 percent nOn- potahie water use requirement_ AFY BURP 7,1acated in the northernmost portion of the East Whitewater River 5ubbasin AOB, currently serves a blend Of Colorado River water and recycled water to two golf courses in the Nest Whitewater River 5ubbasin AQB. 2022-2023 Engineer's Report 4-2 TODD f W&C 134 Table 4-2. Deliveries for Direct Replenishment to the West Whitewater River Subbasin Management Area , . ..... .. Y 1973 4,Mf 7,475 g 0 VRN 7,475 1974 15,39e 0 15396 1975 1976 1977 20,126 13,206 a 0 0 0 20,126 13,206 0 1978 0 0 0 1979 25,192 0 251192 1980 1981 1982 26,341 35,251 27,020 0 0 0 26,341 35,251 27,020 IM 53,732 0 53,732 1984 93,708 0 83,709 1985 251,994 0 251,994 1996 298,201 0 298,201 11987 104,334 0 104,334 1988 1,096 a I'096 M9 12,478 0 12,478 1990 11,721 0 31,722 3:991 14 0 14 1992 40,870 0 40,870 2993 60,153 0 60,153 1994 36,763 0 36,763 1995 61,318 0 61,316 1996 138,266 0 118,266 1997 113,677 0 118,677 1998 132,455 0 1999 90,602 0 90,601 2000 72,450 0 72,450 2001 707 0 707 2002 33,435 0 33,435 2003 902 0 902 2004 13,224 0 23,224 2005 165,554 0 155,554 2006 98,959 0 98,959 2007 16,009 0 16,009 2009 8,008 0 a,008 2009 57,024 0 57,024 2010 228,330 0 228,330 2011 232,214 0 232,224 2012 257,267 0 257,267 2013 26,620 0 26,620 2014 3,593 0 3,S3a 2015 365 0 . 965 2026 35,699 --- 0 35,699 2017 385,994 0 335,994 2018 129,725 0 129,72S 2019 23 5, 600 7,757 243,357 2020 126,487 9,700 115,187 2WI 15,006 10,633 25,639 Total 3,825,000 22,090 3,853,090 2022-2023 Engineer's Report 4-3 TODD / W&C 135 4.5 FljrUIRE PROJEas Direct and in -lieu replenishment activities in the West Whitewater River Subbasin Management Area are expected to continue a nd to includa the following future projects. CVWD will continue to prioritize the conversion of golf courses and other municipal users in the West Whitewater River Subbasin AOB from groundwater to in -lieu sources. Current plans are to connect approximately 14 additional golf courses and open spaces along the MVP to offset approximately 12,500 AFY of groundwater pumptrig, along with 29 add itlanaI customers to the WRP 10 non -potable system to offset an additional 23,000 AFY by 2034. Further, CVWD is planning an expansion of the WRP 7 non - potable system including upgrades to the Mile Post 113.2 Canal water pump station to convey Colorado River supply for blending with WRP 7 recycled water. CVWD Is seeking grant/loan funding through the Clean Water State Revolving Fund (C SRF) program, grants from the U.S. Bureau of Reclamation Title XVI Reclamation and Reuse program, and Sanitation reserve funds to expand the non -potable water system. The Palm Desert GRF is a direct replenishment project; Phase I involved repurposing existing percolation ponds located north of WRP 10 and started operation in 2019. Phase II involves construction of three detention basins within the WRSC to the south of the facility and extension of the existing MVP within the northern bank of the stormwater charnel. The Environmental Impact Report (EIR) for Phase if was approved by CV €]'s Board of Directors in 2a18 and the design of Phase It was completed in 2019. To support construction within potentially jurisdictional waters, CVWD is currently working on permitting with the California Department of Fish and Wildlife, U.S. Army Corps of Engineers, and Colorado River RQCB. Construction of Phase II is scheduled to be complete in 2023. As planned, the Palm Desert G R F will have the capacity to directly recharge up to approximately 25,000 AFY of Colorado River rw+ate r into the West Whitewater River 5ubbasin A0I3. 4.6 KNEED FOR CONTINUED REPLENISHMENT Historical declines in groundwater levels 1n the western portion of the Whitewater River 5ulabasin led to the determination that a management program was required to stabilize the declining groundwater [eye Is and prevent associated adverse effects, such as water -quality degradation and land subsidence. The joint management agreement between CVWD and DWAto cooperatively conduct the West Whitewater fiver Subbasin GIMP was developed to serve this need and became effective in 1976. Groundwater levels, as lmeasured at wells across mast of the AOB, have been a key metric In assessing the effectiveness of the GRP, and are stabilized or rising. The average change in groundwater elevations since 2009 remains positive across mosE of theAOB, which demonstrates That implementation of the GRP has effectively abated historical overdraft conditions. Continued direct and fn-Ileu replenishment activities are necessary to maintain groundwater levels, slow or reverse any declining trends, and prevent conditions of overdraft. 4.7 REPLENISHMENT ASSESSMENT This section describes the recommended FLAC for the lest Whitewater River 5ubbasin AO For FY 2022- 2023. 4.7.1 Groundwater Replenishment Program Costs The RAC includes costs for importing and recharging water, operation and maintenance costs, administrative costs, debt service, and capital improvements necessary to maintain the replenishment 2022-2023 Engineer's Report 4-4 TODD 1 W&C 136 facilities for the West Whitewater River 5ubbasln AOB. Payments from DWA to reimburse CV D for operating costs (as outlined in the Whitewater Management Agreement between the two agencies) are also included in the cost calculations, as allowed by the Water Code. In addition, continuing engineering studles, well meter reading and maintenance, and groundwater m0nitoring costs incurred by CVWD are included in the cast calculations. 4.7.2 Methods for Determining Groundwater Productlon Since 1982, when the replenishment assessment became effective in the West Whitewater R lve r S u bba stn AOR, groundwater pumpers extracting greater than 25 AFY from the AO have been required to meter and report their production pursuant to WaterCode Sections 31634.5 and 31638,5. CVWD has an ongoing program to conduct a thorough field I n ves ttgatio n of the use of all wells that may be subject to metering and reporting requirements. The exact number of exempt Minimal pumpers In the West Whitewa ter RiverSubbasin Management Area is currently unknown. Minimal pumpers predominantly purnp water from small wells that are used for domestic or limited irrigation purposes. The maximum groundwater pumping by the unmetered Minimal pumpers in the management area is estimated to be less than 500 AFY. 4.7.3 Income Statement Table 4-3 is a summary income statement showing revenues, expenses, and cash flow far FY 202 1 (actua 1) and FY 2022 {projected). The table provides two scenarios for FY 2023 projections based on normal production amounts, and drought production revenues that assume a seven percent reduction in production Based on potential drought restrictions (s#ill to be determined at time of publication by the State Water Resources Con trpl Hoard). The table notes provide a description of the sources of revenue and expenses. 4-7A Recommended RAC for Fiscal Year 2022-2023 Based on the projected operating costs, revenues, and reserves, CV D staff recommends that the �165.37f AF RAC that became effective on July J., 2021 be increased by 31.42/AF, to $196.79JAF, effective July 1, 2022. Based on revenues and costs shown in Table4-3, the Fond is projected to have a decrease in cash flow of $5,414,000 in FY 2022. Despite the proposed RAC increase, cash flow In FY 2023 is projected to decrease in the amount of 56,257,000. FY 2023 replenishment revenue assumes a 7% decrease in production due to potential drought restrictions. Water purchase casts are the primary cost drivers for the Fund. As shown in the income statement, although the Fund will have a negative cash flow 1n FY 2023, the Fund is projected to continue to meet its reserve funding requirements prescribed in CVD's Reserve Policy, 2022-2023 Engineer's Report 4-5 TODD / W&C 137 Table 4-3. CVWD West Whitewate r River Subbasi n Area of Benefit Groundwater Replenishment Program Income Statement � 'r% 51w r5',,45�iYY '#¢. '�` . Y. '.i'r., LI."'t ,C 'y)I� '; i , '5},.,�} "' ,�,.:. ... �,°•�r��ry� H' 4' _ :5.}1�„�... ,0.,.. �.. +. � ey �c _.a�'w'l�f � ,� .t_Siv-_,c... .pw:>•.. :". 2:,h<.• '�'3�rfit� �, 4�a.� 'i'e��e=r`�`,>'. Revenues RAC Rateta) r - - Property Tax, Generallk _ _ $17,772 $19,580 522,176 $2,105 $2,147 $2,190 Other Revenuel`I $4,181 $4,819 $9,724 Total Revenues $24,057 $26,546 $34.091 Expenses Total O&M CostSW 3,936 $5,243 $4,296 Power Costs $927 $591 $817 Administrative Costs(el $3,393 $3,656 $3,978 QSA Mitigation Costs $191 $1,288 $1,494 Water Ptrr�hases�'��y $12,643 $19,983 $16.579 Pass -Through Contra EKpensele) $0 ($400) 1$490) In -lieu Rep lenishmentt CostO $0 $0 $0 Capital )repro ernent Budget $216 $628 $397 $1,200 $5A67 $81200 Debt Service T Transfer To (From) Other Fundsfll $21 $3 $19 Total Expenses $22,iS4 $31,960 $40,347 Net Increase (Decrease) in Cash FlowNI _ ..�-_-- %,903 ($S,414) {$6,257) Ending Reset'ves $35,917 $30,5113 $24,2-46 (a) Revenues based on fiscal year actual or budgeted production estimates. RAC far FY 2021= $143.80{AF, for FY 2022 = $165-37fAF, and for FY 2023 = $196.79/AF. FY 2023 replenishment revenue assumes a 7%decrease in prod ue lon due to potential draught restTirtions_ (b) Property taxes, General Is an allocation of the District's 1% General Property Tax to the Whitewater Fund. (c) other Revenues include investment income, reimbursement of shared facility costs, revenues received from whitewater Hydra leases, grant revenues, water sales from the Mid -Valley Pipeline (MVP), and Supplemental Water Supply Surcharge Revenue for CIP expenditures. (d) Operations and Maintenance {0&M) costs include labor, equipment, and rmateriais for the replenishment facilities. (ej Cost to adroinlsterthe replenishment assessment program includes personnel, meter reading, biliiug, groundwater mcnitoring and report preparation- (f) Water purchases from the Rosedale Rio -Brava (Glorious Land Cornpany),the Metropolitan Water District, water purchases From the Canal Fund for replenishment activates, and allocable State Water Project expenses- (g) Pass -Through Contra Expense includes expenditures where there is a direct reimbursemem to the District (D A Shared Cc" Other Agency Gast share for 50MA, USGS, and SNMP), The revenue is considered an offset W expenditures. (h) Costs for projects providing recycled water or Colorado River water in place of groundwater. (i) Debt Service - 30 year variable debt Instrument payable to the Coachella Valley Water District's DameStiC Water Fund in the amount of $52,340,180_ This none reimburses the Domestic Water Fund far funds provided for the 2009 construction of the nAVP. (j) Transfer To (Froml Other Funds includes reimbursemenu to the District's Motorpool Fund for share of District vehicles and equipment purchased by the Motorpool Fund. ij) Net Increase (Decrease)in Cash Flow excludes depreciation, 2022-2023 Engineer's Report 4-6 TODD f W&C 138 5. EAST WHITEWATER RIVER SUBBASIN AREA OF BENEFIT This sectlon describes the replenishment and groundwater production activities for CY2021, the condition of the groundwater supplies, the expenses and revenue of the East Whitewater River Subbasin GRP, and the recommended RAC rate for FY 2022-23 for the East Whitewater River Subbasin A08, 5.1 DEFINITION OF AREA DF BENEFIT The East Whitewater River Subbasin A06 is the eastern portion of the Whitewater River Subbasin located within the boundary of CV D. Its boundary description is as follows: "Beginning at the northwest corner of Section 4, Township 7 South, Range 4 East, San Bernardino meridian; then south, along Jefferson Street, to Avenue 40; then west, a long ,Avenue 40, to Ada rns Street; then south, along Adams Street and continuing south along the east line of Section 18, Township 5 South, Range 7 East, to the southeast corner of said section, which is Fred Waring Drive (Avenue 44), then west, along Fred Waring Drive, to Washington Street; then southeast, along Washington Street, to the south bank of the Whitewater River 5tormwater Channel; then west, towards the Santa Rosa Mountains near happy Point; then southeasterly along the foot hIlis of the Santa Rosa Mountains until a point located 1/3 mile west and 214 mile south from the northeast corner of Section 8, Township 9 South, Range 9 East; then northeasterly, ko a paint located 1f 10 mile west and 114 mile north of the southeast oorner of Section 4, Township 9 South, Range 9 East; them continuing along the Salton Sea, the Whitewater River Subbasin's eastern boundary and primary discharge area, as described in California's Groundwater, Bulletin 118 (D R 2003), to a point located 4110 mile east and 3f 10 mile north of the southwest corner of Section 34, Township 7 South, Range 10 East; then northeasterly, to the northeast corner of Section 34, Township 7 South, Range 10 East; then northwesteriyto a point 1/4 mile south of the northeast corner of Section 20, Township 7 South, Range 10 East; then northwesterly along the San Andreas Fault to the intersection with the east line of Section 29, Township 4 South, Range 7 East; then south along the east line of Section 29, Township 4 South, Range 7 East and Sect inn 32, Township 4 South, Range 7 East, to Avenue 38; then west, to the paint of beginning," 5.2 GROUNDWATER CONOITIONS Current groundwater conditions in the Whitewater River Subbasin, also called the Indio Subbasin, are described in detail in the Indio 5ubbasrin Anntja1Report for VVY2021 (CMD, 2022b), This section utilizes the data and findings from that report to strmmarize the groundwater conditions in the East Whitewater River Subbasin A08, Figure 5-1 shows changes in average groundwater levels over the last year, from WY 2020 to 2021. Average groundwater levels remained relatiivety stable or increased across most of the AOB. There is one small are is declines less than five feet, most Iikely impacted by localized pumping rather than regional trends. Figure 5-2 shows changes in average groundwater levels from WY 2009 to 2021. Water Year 2009 represents a period of historical lows in most areas of the basin and the difference shows the Subbasin r=very. figure 5-3 shows well hydrographs that exhibit representative trends In groundwater levels across the AOB over the same period. Since 2GO9, groundwater levels in the direct vicinity of the TEL-GRF increased up to 70 ft {see Well 06S07L35LO25 in Figure 5-3). These increases in groundwater levels are primarily the result of direct replenishment, which has averaged 35,700 AFY at the TEL-GRF since 2010, 2022-2023 Engineer's Report 5-1 TODD / W&C 139 Groundwater levels have also gradually increased up to 30 Ft across most of the AOR (sae Wells 07S 09 E18 HOIS, 07SOSE33B01 and 07SORE1011101). Coupled with conservation efforts, in -lieu replenishment programs (where Colorado River water and recycled water are used to reduce demands on groundwater) have helped increase groundwater levels across the AOB, as evidenced by a decrease in production overthe last decade. In the southern portion of the FOB, artesian conditions remained relatively stable from WY 2020 to 2021. The stable or increasing groundwater levels across the AOB demonstrate the benefit and effectiveness of the G R P in sustaining gran ndwater supplies. 5.3 GROUNDWATER PRODIIMON Table 5-1 lists the annual groundwater production volumes in the East Whitewater River Subbasin AOB from CY 1999 to 2021. The 1999 production value is from the 2002 CVWMP (CVWD, 2002a). Production values for the years 2002 through 2011 were determioed from reported and estimated unreported groundwater production. Beginningin 2005, when the replenishment assessment became effective in the East Whitewater River SuMasi n AOB, groundwater pumpers extracting greater than 25 AF were required to meter and report their production, Reported production has been used since 2012 as accurately representing assessable production in she A46, In CY 2021, the assessable production was 119,700 AK This represents a 1 percent increase from 2020. Assessable production excludes groundwater production from Minimal pumpers who extract 25 AFY or less and tribal uses. Water Cade Section 31633.5 exempts Minimal pumpers from any replenishment assessment or production reporting provisions. 2022-2023 Engineer's Report 5-2 700D j W&C 140 �•Mry 968tlTEiG6a4i9 ►V� i'rAP P L�• CVWDTaMIRV ftg� J `� L f P. L'SO 4kAiR 4 a 0 $ to", Y. P#H 44{[IL QrOIKNtJLh' • ;, t% a = SuhinLW �'����tf• 4'l ��+� C2j OICaeCI4YAp VMP ■ ..Tr • 43 J■ l rrr , GE.g6T�1SMIFrs L�---N � • �• rC • ` ■ pE5H@96L028 ■d�, *ti ��{� Tlwnes$kavy 6raned+.iWr�-•►O� i y 1Ep■lablm■niFU[YkM �f�' ` +�'�•- ` CYhD W"i /I . • �4P J J fk� Or$O6E1.OPOIS �• $Qi 114f01S ,.� • -,�� L .! 1 • �':i . 5 .—go-.. ■ lh�#Lcauun �'"��' • • ��—{,`V44411A�� tyerdDwllgLormanFlop? 5-3 �" -••" d75e6E3S9Ui5 A Re Mfthneii FPPMY Vwrfp6 Mr Gf4urdxe[•r �- 6h�Paran CaMnur (feeq •• [�io-l�pwoPol �wr, .y [ S to iC ---------- rtr..r>sd■ . _. _ m. _._ - — _ - - - L3tlmS ern°yys `ti ter-Salo-s �f. C=r 2eis-io r a0 {e•esPa•P� QM-X-v-{eock$OMM AOS Nkiidn CrM*Softein Pbmq "LAre, I FIg�r45-1 �4dAiLLUIOYY fpfl—Sbhas nAjr* Sipnhjic"V VS Riuo-r Sul�6aci•Men•gerneelRio■ CrR oitH i-w7,ER 2020 to 20Z1 Change in Groundwate 5aetwsrtew.,eerLb.•rSrL�ve+L4e• �Bw�haton4JRoa lilIMIU00 ih the EastWkIAevrater R9wW j-,. lvOoMNofAuaileMe Waadar�d'Curan Subba$FnManpgementAmu 2022-102Z Engrneers Report 5.9 TODD / waC 141 pv. V .A ci-da " 9"W0k nnr1t F4kfIW + WaltLa[olidn MAruprnpA B1hWAn nA rquq 5•J fbPpIB�NN11811[F1Hf4Y Cheeps Irt Grorrndor?1ar �� EbwM'drrConia,r{reop L.eug TarrN ChMO Uutq � a 1QU Ihl[14440j SG ro'I(f0 f� ®e wge 40ro60 20ro40 IQ w2a 0 o-s I� a no (�'low-5 L ,sate -fo 'Vom r i+4RP ti I •' b'+ VLiiPcvrvn 10.. reoea4ls t � r rr 4Sf5 VlRP _ d s •., f I. SF�r4 ,r rAINL i •`I� r.nh.. CA1'pfG9Ppr9ild _._ .__-...-._.—,.� � rr Thko"ELOrRGNwM. r M4rrilMr9r4 fA mlrm6a1S c f n�aaernreals 4VW z pWA1WCMKSbbb3VMA0e =NNUM CrookSubbrtzn hi ditWrktnLArSn f li J ^T^ Flgufe 5-2 ©V" VMnw4iler<RhwSubhadeAOa=VIgatWli�L "a nhw $Ab2LiB MWDeA �LAPx G �1—OJu r� o-vr�aT E n Y 2di0 to 021 G4ange in C roundvu�t r E�s1 Wnirn+akr f l:ar 9uGUcsn AOB ®Sate en 44RPs Elevdhon in [he %st WhiitewgbpT Rivwr (-�Gwbator{ruAwaonme Wopdmfd&Curran SubbasinMan agerntatArea M2-Z023 Engineers Report 5-4 tuna! w9C 142 -CrEnrv�� �- aJa,rc�raLu h ram. y➢Rkl]IN1i I �N L All - Ilvnv4LG}y[JaPy� � 911E ry1P ��af1NSJ�A06 f f1tlA VAN � _— Nf[LEIGPOK LTfePp!}�LIL # * -[a Lbl{INItL wGr.kf�n NIOIAIL1iY1]F i �..,_ �-nL{1S%97+L a.nw '♦ Yrl.oran 1�IvxVIGN :�YJ VIAp ��Y tM�.xnr�' r�pnm f CO L1n M4al1r� M1W L1yylI�JLY c] ui4+}NJ• 9a*rm M�JJT�•�a�u ®4rawJd�ly+ 'Sitrf Se.,rf +W Ohp S F a G 4 p 2010 2011 2012 2013 2014 2015 2010 20w 204 20i9 2020 �,AI 43Aa�'gwWlS OHWEla%25 - P 99BU18 DYprJ LLdMEa7+'garc --,- dTGGeE �9H8�$ TOD�} ��- 06S4FEJS�.i2S arGooEo®do�g V mddLS loPof; S R O 1F M R W AT E R 2022-=a Eng]nee['S Report 5.5 TODD / W&C 143 Table 5-1. Groundwater Production within the East WhItewater River Sulbasin Area of Den efit k ,y .^2 rs i} < swz, q,E:� C':�{, . h,r¢xrgr ]kC':1fo' °°�� „�...,,.,u.,.yJ u.e ^..• ^a}o-..y `. I i }sr:- -: Fir ,.k>}wl,.s, 1999 16H,3i]U 2000 166,700 2001 199,201D 2002 172,300 2001 172,000 20U4 172,000 2005 172,000 2006 172,000 2007 172,000 2008 172,000 2009 160,000 2010 150,000 2011 145,000 2012 120,064 2013 119 194 2024 123,465 2015 113,706 20161°i 113,333 2017 117,444 2018 120,935 2019 117,269 2020 113,925 2021 219,700 (a) Excludes production by Minimal pumpers who extract 25 AFY or less and other users exempt from the RAC, {b) The 1999 production value Is from the CVWMP, Table 3-t. Summary of H95tomal Water Supplies In 1936 and 1999. The CV MP did not Include produuton values for 2000 and 2001. Production values for the years 2002 through 2012 were estimated from reported and projected unrepurted groundwater production. The production values for 2012 through 2020 are equal to the reported "undwaterproductivnduring those CYs. (0The 7016 production amount was updated with data reported after pubpeation of the 2417- 2018 Engineers Report. 5.4 ❑lRECTAND IN-UEU REPLENISHMENT This section describes replenishment activities in the East Whitewaxer River Subbasin AO6. 5A.1 Replenishment Facilities 5.4.1.1 Thomos E Levy Groundwoter Replenishment Facility The TEL GRF wtnt online in June 2009. It is located just south ui Lake Cahuilla at dike 4, a major flood control dike, near Avenue 62 and Madison Street in La Quin ta. This location is ideally suited for large-scale replenishment, given its proximity to Lake Cahuilla and the relative absence of aquitards that would retard infiltration. CVWD conducted a study in 2017 to evaluate the feasibility of increasing groundwater replenishment with Colorado River water at the TEL-GRF. The study recommended additional monitoring to better characterize hydrogeological conditions, and six monitoring wells were installed In 2019 in the vicinity of the TEL-GRF (CVWD, 2022a). Based on the results of the additional monitoring and as described in the,2022 indtoSubbasinAIternotive Pian Update, TEL-GRF recharge may be increased, Martinez Canyon Groundwater Replenishment Facility Pilot Project 2022-2023 Engineer's Report 5-6 TODD f W&C 144 In March 2005, CVWD completed construction of a pilot replenishment facility and several monitoring wells on the Martinez Canyon alluvial fan at Avenue 72 and Lemon Blossom Lane. This pilot facility was designed to replenish approximately 4,000 AFY, but the results from the Martinez Canyon Pilot project (operated from 2005 through 2013) indicated that the site may not be ideally suited for groundwater replenishment. Although there have been no deliveries of replenishment water to the Martinez Canyon GRI* since 2013. 5.4.2 Direct Replenishment Table 5-2 lists the annual volumes of Colorado River water delivered to the East Whitewater River Subbasin AOB for direct replenishment from 1997 to 2021, In 2021, CVVVD delivered 37,971 AF of Colorado River water for direct replenishment at the TEL GRF. Deliveries of Colorado River water to the TEL-G€ P were slightly reduced in 2017 and 201E from the then -maximum level in 2016 because of pump maintenance and panel repair work done for the Coachella Canal Lining Project. Deliveries in 2019, 2020 a nd 2021 have returned to a three-year average of 37,217 AF. from 1997 to 2021, a total of 433,396 AF was delivered to the TEL GRF for direct replenishment of the A08. 5.4.3 In -Lieu Replenishment In addition to the direct replenishment activities described above, CVWD has provided Imported Coolorada River water since 1949 and recycled outer since 1997 to replace groundwater pumping. CV D continues to work with groundwater users —such as farmers, golf courses, and others —to encourage the use of these alternative water sources. Currently, 33 of 37 golf courses in the East Valley receive Colorado RNer water or recycled water and no longer rely on groundwater as their primary source of irrigation water. Most of the golf courses receive Colorado River water from the Coachella Canal and its laterals for their non -potable irrigation uses. Nine holes of one golf course receive blended recycled and canal wale rfrom W R P 7 for part of the year and one golf course receives Canal water from the MVP. The goal for the golf courses is to meet their irrigation demands with no more than 24 percent well water for their total Irrigation use each FY. CV D continues to work with golf course managers to encou rage them to sign the updated Non -Potable Water Agreement, which includesthis requirement, and all new connections sign a Non -Potable Water Agreement that requires So percent non -potable water use. 2022-2023 Engineer's Report 5-7 TOD❑ I W&C 145 Table 5-2. Deliveries for Direct Replenishment at the East Whitewater River5ubbasin Area of Benefit 1997 415 1998 1,364 1999 2,802 2000 1,813 20D1 3,572 2002 2,360 2003 1,671 2004 3,450 2005 4,743 2006 2,648 2007 5,775 2009 7,473 2009 21,735 2010 37,401 2011 32,417 2012 33,166 2013 35,192 2014 36,030 2015 37,262 2016 37,495 2017 34,614 2018 33,348 2019 36,143 2020 37,536 2021 37,971 Total 489,396 5.5 FUTURE PROJECTS Direct and in -lieu replenishment activities in the East Whitewater River 5ubbasin A08 are expected to continue and include the fnIlnwing future projects. In addition to various upgrades to the delivery system and existing connections, CVWD completed Improvements to the irrigation distribution system within the City of La Quinta, which allow foraddItional Coachella Canal water utilization for irrigation purposes at golf courses in south La Quinta. Improvements will continue to the L4 Purrp Station through 2022 to allow fur these go It courses to meet 80 percent of their Irrigation needs with non -potable water. Five additional golf courses in the East Valley are planned for connection to receive Colorado River water or a blend with recycled water, to eliminate groundwater pumping in the future. The Oasis In -Lieu Recharge Project is an in -lieu re pi enishment/source-substitution project identified in the 2022 fndio Subbasin Axrernacive Plan Update. The project involves the tvnstruction of a Canal water 2022-2023 Engineer's Report 5-8 TOOD / W&C 146 distribution system in the Oasis area of the A03 to provide imported Colorado River water for agricultural irrigation on the Oasis slope in -lieu of groundwater production. The pmject is designed to reduce groundwater production in the area by up to 32,000 AK Phase I of the project included two reservoirs to provide additional storage and operational im provements/flexibility in the Oasis area and construction on this phase was completed in December 202'0. Construction of Phase 2 Includes four reservolrs, five pump stations, and approximately 18 miles of distribution pipeline and expansion of the irrigation distribution system. Phase 2 has an estimated project completk)n date of November 2022. CVWD filed 1+Wa5tewater Change Petition W OU93 with the SWRCB pursuant to California Water Code 2211 in support of a proposed recycled outer project for CVWD WRP 4- The project is an integral component of the 2022 )radio Subbasin Water !b onagement Pfun Update, developed to eliminate groundwater overdraft and the associated adverse impacts by, among other measures, developing additional water sources for source substitution. This recycled water project will also provide important water quality benefits by reducing wastewater discharges to the CV5C and the Saltan Sea, The project proposes to produce and deliver recycled water from WRP 4 in four phases to a maximum capaclty of 20 million gallons per day, (mgd). CVWD continues to seek resolutions to protests received to the change petition. As part of this process, CVWD will initiate project -specific environmental review pursuant to California Environmental Quality Act (CEQA). CVWD Is currently working on a Preliminary Engineering Design Report that can be used forthe project -specific environmental review. 5.6 NEED FDR CANTINUFn RPPLENISHIvIPNT The historical declines in groundwater levels in the eastern portion of the East Whitewater River Subbasin A48 led to the determination that a management program was required to stabilize the declining groundwater levels and prevent associated adverse effects, such as water -quality degradation and land subsidence. CVWD's GRP for the East Whitewater River SuMasi n AO was developed to ser►►e this need and became effective In 2005. Groundwater levels, as measured in wells across most of the AOR, are a key metric in assessing the effectiveness of the GRP and, since the initiation of direct replenishment at TEL GRP in 1997, have stabilized or are rising. The t e[ve-year average change in groundwater levels remains positive across most of the AOg, which is evidence that implementation of the GRP has effectively abated the conditions of overdraft that preceded it. Continued artificial replenishment is necessary to maintain these positive trends and prevent a return to overdraft in the futu rye, 5.7 REPLENISHMENTAssESSMENIT This section describes the recommended RAC for the East Whitewater River Subbasin AOB for FY 2022- 2023. 5.7.1 Groundwater Replenishment Pragram Casts The RAC includes thecvst of replenishmeat water, operation and maintenancecosts, ad ministratiue costs, debt service, and capital improvements necessary to maintain the replenishment facilities far the East Whitewater 5ubbasin AOB, Replen! shmentwaterforthe East WhitewaterRiver Sulobasin GRP cornesfrom C'VWD's Colorado River water contract and the QSA. The replenishment water is priced at CMD's Canal Water Class 2 rate. In addltInn, continuing enginee ringstudies, well meter reading and maintenance, and grou ndwater monitoring costs incurred by CVWD are included in the cost calculations. 2022-2023 t=nglneer's Report 5-8 TODD f W&C 147 5.7.2 Meth ads for Determining Groundwater Production Groundwater producers who extract more than 25 AFY of groundwater, including flowing artesian groundwater, are required to meter and report their production pursuant to Water Code Sections 3164.5 and 31638.5. Beginning in 2005, when the replenishment assessment became effective in the East Whitewater River Subbasin AOB, groundwater pumpers extracting greater than 25 AFY have been required to meter and report their production. CMD has an ongoing program to conduct a thorough field investigation of the use of aIt wells that may be subject to rnetering and reporting requirements. The exact number of exempt Minimal pumpers in the East Whitewate r Fiver 5ubbasin A03 is currently unknown. Minimal pumpers predominantly pump water from small wells that are used for domestic or limited irrigation purposes. The rnaximurn groundwater pumping by the unmete red MInImaI pumpers in the AO is estimated to be less than 1,000 AfY. 5.7.3 debt Consolidation The East Whitewater Replenishment Fund received a loan from CMD's Domestic Water Fund to construct the TEL GRF in the amount of $60.3 million. Beginning, in 2013, this capital debt is now Consolidated with the uncollected RAC First Four Years and Assessed vs. Assessable Amortizations from prior years to farm one debt service amount, and such debt will be paid back each year to the Domestic Water Fund. 5.7.4 Income Statement Table 5-3 is a summary income statement showing revenues, expenses, and cash Flow far FY 2021(actual) and FY 2022 (projected). The table provides two scenarios for FY 2029 projections based on normal production amounts, and drought production revenues that assume a seven percent reduction in production based an potential drought restrictions (still to be determined at time of publication by the State Water Resources Control Board). The table notes provide a description of the sources of revenue and expenses. 2-022-2023 Engineer's Report 5-10 TODD f W&C Table 5-1. CVWD East Whiltewater River Subbasin Area of Benefit Groundwater Replenishment Program Income Statement h� 4,�.'11:. .-iS Y r<'�l ] tr -4'.4..: ✓.iL 5� , k F :..� { !:G��u'� l.p KK,�:��..�� k<-s-: 1_ .�' ly!y,,�{{yy,,,, r-2 ras; � ���.,,?�r:,��°':,i�� +5 #.�`JC} }. f b1"N :.is I>•. , �,.., x�• a:r,'3�ii:.��,m 1. Revenues RAC RatelO _. W. $9,045 $8,914 $9,088 Property Tax, Generalie} $4,879 $6,876 $7,014 Other Revenue"' $392 $393 $254 Total Revenues $13,326 $16,184 $15,356 Expenses _ TotaIO&M Costs�di $2,054 $1,660 $1,367 Powar Costs{? --- - - ------ $1,216 $1,215 $1,547 Colorado River Watery - $4,106 $4,110 $4,231 O.SA Mitigation Costs $549 $1,410 $1,212 Adm inistrative Costs $1,757 $957 $1,725 Pass -Through Cbntra ExpemeOl $0 $0 ($135) In-Ileu Replenishment Capital Costs(') $77 $800 $310 CapitaI Improvernent l $119 $172 $106 Capital Improvement Project - Oasis In- Ileu Replenishmentikl $13,709 $34,000 $5,500 Loan Proceeds -Oasis In -lieu Replenishment{') (514,129) ($34,000) ($5,500) Debt Servicei1°} $9,196 $2,079 $3,199 Transfer (Frorn) To Other Funds)- M-. $8 $17 1 $17 Total Expenses $18,662 $12,419 $13,570 Net Increase Decrease in Cash Flow $5.345 $3 756 $1,786 Ending Reserves $1,102 $4,868 $6,653 (a) Revenues based on fiscal year attualor budgeted production estimates. RAC far FY2021=$55,op/AF, for FY ZU22=$72.27/AF, and for FY 24D23 = $7$_4VAF_ FY 2423 replenishment reve nue a55urnes a 7% decrease in production due to potential drought restrictions. (b) General Property Taxes are the 1%discretionary property taxes collected that are allocated to The enterprise funds as determined by the Board of Mrector5. FY 2072 and FY 2()I} inc3Ude a readloCation of the 11A property tax ;PkCation from the Canal Fund to offset the debt service on the Oasis to -lieu Replenlshrnent project, (c) Other ReVeriueS Include investment intome and mkeellaneous charges for services_ (d}Operations and Maintenance MMj casts Include labor, equipment andwate0als for Lherep lenishmentfacilities. (e) Power costs are the actual power & utility charges for the recharge ficilltle5. (f)Colorado River water oasts for FY 2021 were based on the delivered vokrme of approk.3$,100 AF_ Flscal years 2022 and 2€123 water oasts are based an an estimated 37,0W AF• The calculated rate per AF is comprised of CVVVD`s Class 2 Rate pIUS Quagga and Gate charges. (g)Annual cost to administer the groundwater replenishment program Includes personnel, metes reading, InvesiWtlon, report preparation, and billing. (h) Pass -Through Contra Expense includes expenditures where there is a direct reimbursement to the District (Other Agency oast share for S61YIq, USGS, and SNMP). The revenue is considered an offset to expenditures- W In -lieu Replenishment Capital Costs include design work on the Madison Club meter connection and the Quarry Country pub non• potable connection. (jl Casts far irrigation distribution improvements and the funds share of General District Capital projects. (k) {I] Projected annual capital costs for the corl5truction of the Oasis In -lieu Replenishment Project offset with debt proceeds from the sale of bonds. (m) Debt Service- IS year variable debt instrument payable to the Coachella Valley Water DWricft Domestic Water Fund in the amount of $60,255,17$ for theTharnas E. levy Replenishment Facility. FY 2023 Dept Service also includes $945,043 for the Oasis In - lieu Replenishment CertificRes of Participation. (n) Transfer To(From IOther Funds istoreimbursethe Distrist%MotorpoolFLind for its share ofDistrict vehiclesandequipment purchased by the Motorpool Fund. 2022-2023 Engineer's Report 5-11 TODD / W&C 149 5.8 REcomMENDED RAC FOR FISCAL YEAR 2022-7-02-3 Based an the projected operating costs, revenues, and reserves, CVWD staff recommends that the $72.271af RAC that became effective on July 1, 2021 be increased by $6.14/af, to $78.41/af, effective July 1, 2022. Based on the revenues a nd casts shown in Table 5-3, the Fund is projected to have a positive cash flow Qf $3,765,000 In FY 2022 and $1,786,D00 in FY 2023. FY 2023 replenishment revenue assumes a 7% decrease in production due to potential drought restrictions. Debt Service casts are the primary cost drivers for the Fund. The Fund Is projected to maintain a positive cash flow in FY 2023 and meet its reserve funding requirements prescribed in CVWD's Reserve Policy. 2022-2023 Engineer's Report 5-12 TODD f W&C 150 G. REFERENCES Coachella Valley Regionai Water Management Croup {CVRWMG}. (2010). Coachella Valley integrated Regional Water Management Plan. December 2D10. CVWD. (2002a }. Coachella Valley Final Water Management Plan. Septernber 2002. CVWD. (2012). Coachella Valley Water Management plan 2010 Update, Final Report. January 2012. CVWD. (2023). Mission CreekJGamet dill water Management Plan Final Report. January 2013. CVWD, desert Water Authority, Coachella Water Authority, and Indio Water Authority. (2021a). 2022 Indio Subbasin Water Management Plan Update. SGMAAlternative Plan, Final (Report. December 2021. CVWD, Desert Water Authority, and Mission Springs Water District, (2021b). 2022 Mission Creek Subbasin Water Management Plan lJpdate, Final Report. December 2021. CVWD, Desert water Authority, and Mission Springs Water Dlstrict- (2022a). Mission Creek Subbasin Annual Report for Water Year 2020-2021. February 2022. CVWD, Desert Water Authority, Coachella Water Authority, and Indio Water Authority. (2022b). IndJ o Subbasin Annual Report for Water Year 2020-2021. February 2022. DWR. (1964). Bulletin NO. 108, Coachella Valley Investigation. July 1964, DWR, (1980). Bulletin 118.80, Ground Water Basins in CaNfornia. January 1980, D R. (1994). Bulletin 160- 93, Cali farnia Water Plan Update. October 1994, DWR. (2009). Bulletin 160-09, California Water Plan Update 2009, Integrated Water Management December 2009, QWR. (2020), Final State Water Project delivery Capability Report 2019. August 2020, 0WR and U58R. (2021). State Water Project and Central Valley Project Drought Contingency Plan. L)WH- (2021). DRAFT State Water Project Delivery Capability Report 2021, December 31,2021. 2022-2023 Engineer's Report 6-1 TODD / W&C 151 CM Wave Development, LLC To: Nicole Criste, City of La Quinta From: John Gamlin, President — CM Wave Development, LLC CC: Cheri Flores James Vaughn Date: August 15, 2022 Re: Coral Mountain — Potability of All -American Canal Water Hello City Staff: At the City Council meeting on 6/07/2022, a speaker displayed a PowerPoint presentation during public comments that included the attached slide. Among the points made on the slide and remarks at the podium was a claim that I "lied" when I stated that water from the All -American Canal is "non -potable water." This comment was made in reference to an op-ed piece published in the Desert Sun by Coral Mountain on May 7, 2022 (see attached), drafted to address Coral Mountain Wave Development's reaction to an April 17 Desert Sun editorial board opinion. Setting aside ad hominem attacks that are defamatory and insulting, let's focus instead on the technical merits of the statements regarding Canal Water. It makes sense to start with the definitions of "Potable" and "Non -Potable" water according to recognized governmental regulatory authorities': Potable Water: "Potable water means water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations (40 CFR 141)." Non -Potable Water: "Non -potable water is water that does not meet OSHA's Sanitation standard for potable water. OSHA's Sanitation standard, at 29 CFR 1910.141(a)(2), defines BaULG$R. C,( Los AN-_ELE5. CA {nfnC�mcriwefh�rco.to�� -- rnerrn�ethereo-com 1 Exhibit J 152 potable water as Water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations." 1 https://www.osha.gov/laws-reps/regulations/standardnumber/1910/1910.141 Rather than inject more inexpert opinion about what is considered "Potable" and "Non - Potable" water into this discussion, Coral Mountain deferred to qualified experts to weigh in. Coral Mountain: (1) Obtained a Technical Memo from a water quality engineer, and (2) Consulted with Coachella Valley Water District personnel Technical Memo Coral Mountain engaged AM Consulting Engineers in Fresno, CA to provide a professional opinion about the potability of water obtained from the All -American Canal (see attached). The memo concludes as follows: "Potable Water, also referred to as drinking water, is water that is safe for human consumption. Colorado River water, as it flows in the All - American Canal, exceeds the turbidity and bacteriological (Total coliform and E. Coli) concentrations that are required for drinking water under Federal and State regulations... Water in the All -American Canal could be a source for potable water, but would not be potable without considerable treatment [emphasis added]. In order for the water to become potable, it needs to undergo treatment that meets requirements of the Long Term 2 Enhanced Surface Water Treatment Rule." On a side note, AM Consulting Engineers was retained to evaluate the suitability of both Canal and private well water for use as source water in the Wave Basin. Data for Canal water was obtained from CVWD, as well as a physical sample that was analyzed by a laboratory. Additionally, data was obtained from CVWD for shallow and deep monitoring and domestic water wells in the vicinity of the site. Both sources meet the definition of non -potability in their raw state. However, both are suitable as source water after appropriate filtration and disinfection by the Wave Basin's onsite inline treatment plant. Coral Mountain and its design team met with the Riverside County Department of Environmental Health (DEH) to discuss the use of non -potable source water for the Wave Basin. The DEH will be a permitting authority for operational and life safety requirements and will review the design of the onsite treatment plant. Prior to the meeting, DEH staff discussed the treatment protocols in place at the Lemoore Surf Ranch with the Kings County Health Department. On the basis of its discussion with B0 ULo$R. 4;() + Los Ahs LLES. {:A in,foC'mer��etherr�.rora � mer�xetherro.cam Pa 153 Kings County and information provided at our meeting, DEH staff is satisfied at this time and indicated it looks forward to the review and permitting process. CVWD In a conversation with the Water Resources Director at CVWD the following was relayed: • Canal water is not considered potable water by the CVWD. • There are no current uses for Canal water in the Coachella Valley within CVWD's service area as source water for potable use, nor is this presently contemplated in the CVWD's long-term planning. • The use of Canal water for drinking water purposes would require considerable treatment to meet drinking water standards, and this does not make economic sense based on the availability of other, plentiful and more economically sensible sources available for this purpose. • Minimal treatment is currently required in CVWD's system for most of its domestic water wells. Typically, treatment consists of the injection of chlorine for disinfection, which occurs at the wellhead before the water is released into the domestic water system. SUMMARY Canal water does not meet EPA and OSHA standards for suitability for drinking. In its raw, untreated form it is unfit for human consumption. To disseminate information to the public which represents Canal water is safe to drink is irresponsible and could result in undesirable human health consequences. Thank you for allowing the record to correct this information. inffo@meriwetherro.rom h merirethereo.cam 3 154 Slide from PPT Presented to the City Council by Alena Callimanis on 6/07/2022 Mr. Gamlin, President Coral Mountain Wave Development, with his Response to the Desert Sun April 17 Editorial • 'The editorial incorrectly states that ware basins must use "potoble" water, meoninq drinking water. To the contrary, non -potable grater sources ore appropriate with filtrotion and disinfection such that it meets all appfr'cable reyulatory requirements safe for recreational contact." This project does use the same potable water sources that CVW D, MWD and San Diego use, the Colorado River water. Whether it comes from the Canal or the aquifer, it needs to be treated for drinking, amlin's statement in not only misleading, it truly is a Ile. This project w;II nok use non -potable and it only wif) use potable water. Canal water is POTABLE Water. Coral Mountain will use Canal water which is Potable water. 155 Coral Mountain wave basin's smart water use helps La Quinta I Column https://www.desertsun.com/story/opinion/contributors/valley-voice/202... Desert Sun. VALLEY VOICE I Opinion This piece expresses the views of its author(s), separate from those of this publication. Coral Mountain will use water wisely and bring huge benefits to La Quinta John Gamlin Guest columnist Published 5:01 a.m. PT May 7, 2022 Regarding The Desert Sun's April 17 editorial, there are mischaracterizations concerning the Coral Mountain project in La Quinta that should be clarified. The desert oasis of the Coachella Valley has long attracted visitors who fall in love with the region and decide to make it either a part-time and permanent home, requiring careful planning and responsible development. The proposed Coral Mountain resort fits the bill by adhering to sustainability principles and providing public benefits. Far from being a "frivolous water -wasting project," Coral Mountain heralds a shift in thinking regarding how water is used to generate economic activity. The headline should be, "Developer proposes replacing approved 18-hole golf course with water -saving wave basin amenity that delivers higher economic returns to city." The proposed wave basin would use approximately io% to 15% of the water used by golf courses annually, but creates substantial public economic benefits. The editorial incorrectly states that wave basins must use "potable water," meaning drinking water. To the contrary, non -potable water sources are appropriate with filtration and disinfection such that it meets all applicable regulatory requirements safe for recreational contact. In fact, Surf Ranch in Lemoore, California, has done so for years, meeting all applicable health and safety regulations. Coachella Valley Water District recently updated its management plan submitted to the state as required by the Sustainable Groundwater Management Act. Regarding the Indio Subbasin, the plan states as follows, concluding the groundwater basin is sustainable: The amount of water stored has increased by 84O,000 acre-feet since 2009, including 156 1 of 3 8/8/2022, 7:32 AM Coral Mountain wave basin's smart water use helps La Quinta I Column https://www.desertsun.com/story/opinion/contributors/valley-voice/202... during periods of drought, water restrictions and cutbacks on imported water deliveries. Between 202o and 2045, the amount of groundwater is expected to increase further, including the Coral Mountain project and assumptions of climate change and drought built in. The plan update does not assume that more water will be delivered to California in future years, only slightly increased allocations to CVWD under existing transfer agreements. A worst -case scenario is assumed where CVWD does not take some of its water from Lake Mead, and less than half of the State Water Project allocation will be delivered. This is more conservative than the State Department of Water Resources' planning. The public benefits created by Coral Mountain would include Transit Occupancy Taxes from a hotel and a well -planned and centrally managed short-term vacation rental program, plus sales taxes. These are forecast to generate almost $3.5 million in revenue each year for the city's General Fund. Additionally, there will be revenue to local businesses that residents and visitors would bring. Hundreds of jobs would be created. This is important because La Quinta currently receives no property tax revenue from neighbors within the Coral Mountain Specific Plan area to pay for governmental services. The county keeps all Trilogy and Andalusia property tax revenue. Thus, these costs are "red ink" in the city's annual budget, requiring a General Fund subsidy estimated at $2,100 per home. Coral Mountain is part of the solution to this annual shortfall. "Frivolous water use" is gratuitously grassed street parkways and medians, and expanses of grass areas that do not provide active and passive recreational benefits, or events that generate sales tax. Those days are over, and that's appropriate. We hope readers will take time to seek out unbiased facts and form judgments based on critical thought, not false perceptions based on hyperbole and misinformation. John Gamlin lives in La Quinta and is president of CM Wave Development LLC. Email him at info@coralmountain.com. 157 2 of 3 8/8/2022, 7:32 AM j 5150 N Sixth Street, Suite 124 - Fresno, CA 93710 Consu Iting Engineers Phone559.473.1371 Fax 559.513.8449 June 24, 2022 Mr. John Gamlin President Coral Mountain Wave Development, LLC Re: Professional Opinion about Surface Water Potability Dear John, This letter is being prepared to provide my professional opinion about the potability of the water obtained from the All -American Canal. I am a Civil Engineer Licensed in the State of California (License No. C63673) since 2002. In my 20+ years of professional experience, I have designed multiple municipal water filtration systems used to supply potable water. I am very familiar with the State of California Regulations related to Drinking Water primarily contained in Title 17 and Title 22 of the California Code of Regulations. Water in the All- American Canal comes from the Colorado River. The All -American Canal is owned and operated by the Coachella Valley Water District (CVWD). The All -American Canal terminates at Lake Cahuilla. From there, a conveyance network, distributes water to users. Potable Water, also referred to as drinking water, is water that is safe for human consumption. Colorado River water, as it flows in the All -American Canal, exceeds the turbidity and bacteriological (Total coliform and E. Coli) concentrations that are required for drinking water. Water in the All -American Canal could be a source for potable water, but would not be potable without considerable treatment. In order for the water to become potable, it needs to undergo treatment that meets requirements of the Long Term 2 Enhanced Surface Water Treatment Rule. In general, surface water treatment to produce drinking water includes coagulation, flocculation, sedimentation, filtration and disinfection steps that must be followed to produce water that is suitable for drinking. The complexity and costs of the surface water treatment are considerable. This is the reason why there are no potable water uses of Colorado River Water in the Coachella Valley today. With good quality groundwater available, it is not necessary to embark into surface water treatment to make the Colorado Rivew Water potable. If you have any questions or require any additional information, please call me at (559) 288-9172. Sincerely, Alfonso Manrique, PE Principal 158 LA�URBAM urbunxroadi.rom August 16, 2022 Mr. Garrett Simon CM Wave Development LLC 2440 Junction Place, Suite 200 Boulder, CO 80301 SUBJECT: THE WAVE AT CORAL MOUNTAIN SPEAKER NOISE ASSESSMENT Dear Mr. Garrett Simon: Urban Crossroads, Inc. is pleased to submit this speaker noise assessment for The Wave at Coral Mountain ("Project"), which is in the City of La Quinta. The purpose of this noise assessment is to evaluate the use of 38 Sonance LS6T SAT outdoor speakers mounted above the water surface facing the wave lagoon. On March 17, 2021, Urban Crossroads, Inc. prepared Coral Mountain Specific Plan Noise Impact Analysis (NIA). Section 10 of the NIA evaluated the noise impacts resulting from the operation of the proposed Coral Mountain Specific Plan Project. To estimate the Project operational noise impacts, reference noise level measurements were collected from similar types of activities including speakers to represent the noise levels expected with the development of the proposed Project. SURF RANCH REFERENCE NOISE MEASUREMENTS To describe the wave basin/wave machine activity, Urban Crossroads, Inc. collected reference noise level measurements at the existing Surf Ranch located at 18556 Jackson Avenue in the City of Lemoore, California. The Surf Ranch is a private facility with a proprietary wave machine technology capable of generating waves every 3 to 4 minutes. To create each wave, a large "sled" is pulled through the water using a cable system. Two buildings at each end of the cable system house the mechanical equipment and cable system. To measure the noise levels associated with the wave machine, Urban Crossroads, Inc. collected reference noise level measurements at eight different locations around the Surf Ranch. The noise level measurement locations were selected to identify the unique noise characteristics associated with different stages of each wave. Prior to each wave, the control tower announces the event over the public address system. This is followed by the noise generated from the movement of the sled and an increase in noise levels from the mechanical equipment buildings. However, throughout each wave event, the primary noise source is simply the movement of water from each wave in the lagoon. To describe the worst -case reference noise level conditions, the highest reference noise level describing each peak wave noise event of 75.7 dBA Leq at 12 feet was used to describe the wave basin/wave machine activity for the proposed The Wave at Coral Mountain Project. The wave basin/wave machine activities will be limited to the daytime hours of 7:00 a.m. to 10:00 p.m. with no planned nighttime activities. Additional noise level measurements were collected August 15, 2021, at the Surf Ranch to show that improvements to wave machine cable roller system reduced the peak wave event noise levels from 75.7 to 73.5 dBA Leq. These improvements to the to wave machine cable roller system demonstrate that the peak noise levels outlined in the March 17, 2021, Coral Mountain Specific Plan Noise Impact Analysis conservatively overstate the Project related wave machine by approximately 2.2 dBA Leq. Exhibit K 12642-21 Noise Memo 159 Mr. Garrett Simon CM Wave Development LLC August 16, 2022 Page 2 THE WAVE AT CORAL MOUNTAIN SPEAKERS Similar to the Surf Ranch reference noise measurements, The Wave at Coral Mountain may announce the wave event prior to each wave. However, to better control the wave event announcements, the planned speaker system for The Wave at Coral Mountain will include 38 Sonance LSIST SAT directional outdoor speakers mounted above the water surface facing the lagoon. This will place the noise source closer to the wave basin and oriented to the northeast, away from the nearest noise sensitive receiver locations. Exhibit A presents the proposed public address speaker system locations. It is expected that individual wave events and announcements will take place every 3 to 4 minutes during the typical the daytime hours of 7:00 a.m. to 10:00 p.m. representing a total of approximately 260 events. In addition, the speakers will be limited to the center of the lagoon with no speakers planned in the endzone areas as shown on Exhibit A. Since the primary noise source associated with The Wave at Coral Mountain is simply the movement of water from each wave in the lagoon, the speaker audio announcements represent a subset of the overall operational noise source activity associated with the wave basin/wave machine. The NIA evaluated the highest noise levels from the boundary of the wave basin while the speakers are placed within the actual wave basin and oriented awayfrom existing nearby receivers. It is expected that the each of the 38 speakers will generate a noise source level of 70 dBA Leq at 12 feet. The speaker noise source level is less than the 75.7 dBA Leq at 12 feet that was used to describe the wave basin/wave machine activity for the proposed The Wave at Coral Mountain Project. Table 1 presents a summary of the expected speaker noise levels and wave basin/wave machine noise levels presented previously in the NIA. TABLE 1: OPERATIONAL NOISE SUMMARY Receiver Location' Project Operational Noise Levels (dBA Leq)Z Speakers Wave Basin/ Wave Machine R1 37.1 44.2 R2 32.5 38.0 R3 32.4 37.4 R4 33.9 38.2 R5 34.8 39.3 R6 41.3 51.4 R7 29.5 45.0 R8 30.0 46.6 R9 25.9 41.1 R10 26.9 38.6 R11 45.5 59.0 See Exhibit B for the off -site Receiver locations. z CadnaA noise model calculations are included in Appendix A. 12642-21 Noise Memo 160 Mr. Garrett Simon CM Wave Development LLC August 16, 2022 Page 3 As shown on Table 1, the speakers are estimated to generate noise levels ranging from 25.9 to 45.5 dBA Leq. Exhibit B presents the expected noise level contours from the 38 speakers. The wave basin/wave machine noise levels that include the control tower operational speaker announcements from the NIA will range from 37.4 to 59.0 dBA Leq. Table 1 demonstrates that the movement of water from each wave in the lagoon are greater than the speaker announcements noise source activity from the 38 speakers. It is important to recognize that the speaker noise levels will not change the results on Tables 10-2 or 10-3 of the NIA since the speakers represent a subset of the overall operational noise source activity associated with the wave basin/wave machine. The NIA evaluated the highest noise levels from the boundary of the wave basin while the speakers are placed within the actual wave basin and oriented away from existing nearby receivers. WIND Consistent with guidance provided in the Caltrans September 2013, Technical Noise Supplement to the Traffic Analysis Protocol, present policies and standards ignore the effects of wind on noise levels. Unless wind conditions are specifically identified, noise levels are always assumed to be for zero wind. In addition, noise analyses are also always made for zero -wind conditions consistent with the City of La Quinta exterior noise standards. FINfNN(;S As discussed in the NIA, sound from a localized source (i.e., a stationary point source) propagates uniformly outward in a spherical pattern. The sound level attenuates (or decreases) at a rate of 6 dB for each doubling of distance from a point source. For example, a noise level of 70 dBA measured at 50 feet from the noise source to the receiver would be reduced to 64 dBA at 100 feet from the source to the receiver and would be further reduced to 58 dBA at 200 feet from the source to the receiver. The way noise reduces with distance depends on type of noise source, the ground absorption, atmospheric effects and shielding. The NIA demonstrates that the operational noise levels associated with The Wave at Coral Mountain Project will satisfy the City of La Quinta daytime exterior noise level standards with no planned nighttime operational noise source activity. This does not suggest that the wave basin/wave machine activity will be inaudible at times, only that the Project will not result in significant noise level increase above the existing ambient noise conditions. Therefore, the Project will contribute a less than significant operational noise level increase to the existing daytime ambient noise environment at all existing off -site receiver locations Respectfully submitted, URBAN CROSSROADS, INC. r� Bill Lawson, P.E., INCE Principal v No. TR 2537 oP CAOf 12642-21 Noise Memo 161 Mr. Garrett Simon CM Wave Development LLC August 16, 2022 Page 4 EXHIBIT A: SPEAKER LOCATIONS LEGEND: Speaker Location 12642-21 Noise Memo 162 Mr. Garrett Simon CM Wave Development LLC August 16, 2022 Page 5 4 M jr :.. T F . n tw�.R1U� EXHIBIT B: SPEAKER NOISE CONTOURS 4 1 r ;^ ■ t `44 16 '. •J : + - - ' . -. ' Ski `�i7fr's`- - r `,Y,+,'k3 ',' -'w aa:+.w.# r•._�l.r--.�_#�:' -=r I F yL ! '.•°i4`."f 3 *dht,. yyYwf-�y�fi -! - i a T-. �r1•-`��A Y.a1i Y} M } l Jliw_-" q #, -` •yy rw:.+s�■I�*.-..�W.* X :��. g',zi r i +ri.�i-= 4w :r-r ,- '1' Y nk -frig ��II'I^YI�' tea}^ti .hy!}'�s�.ir�`L,iy�1 i �i+*� �•..}i,l� t ; ,' • x '� �` � •�£1�� F!�r` � �'.� `i r.91 '� `-• � +{�y'� r ;f� yam. Jt�'-ja`: -�`z} � i-tir ;��� ,t r I I w ■�'I +'i +#�:y la `_^ �*y am I +„d .,f,►� i hti..,f',�1"yq^f x-a.#-r ��'��� \tip`} .x� o f t f f s�/,x. I •� i 4:1-ti '.i 4L •si#API? �1 LEGEND: Receiver Locations -- 55 dB Leq Noise Contour — 55 d6 Leq Noise Contour —+ Dist@noe from receiver to ProJect site twundery (In teat) -'^ 60 C6 leq Noise Contour — 70 dD Leq Noise Contour — Existing 5-Foot High Barrier 12642-21 Noise Memo 163 Mr. Garrett Simon CM Wave Development LLC August 16, 2022 Page 6 APPENDIX A: CADNAA NOISE MODEL INPUTS 12642-21 Noise Memo 164 13103 CadnaA Noise Prediction Model: 12642_Speakers05.cna Date: 03.08.22 Analyst: B. Lawson Receiver Noise Levels Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night CNEL Day Night CNEL Type Auto Noise Type X Y 2 (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) (ft) (ft) (ft) (ft) RECEIVERS R1 37.1 37.1 43.8 65.0 50.0 0.0 5.00 a 6559701.83 2172082.13 5.00 RECEIVERS R2 32.5 32.5 39.1 65.0 50.0 0.0 5.00 a 6561160.17 2172103.84 5.00 RECEIVERS R3 32.4 32.4 39.0 65.0 50.0 0.0 5.00 a 6561607.22 2172116.86 5.00 RECEIVERS R4 33.9 33.9 40.5 65.0 50.0 0.0 5.00 a 6561919.72 2171422.41 5.00 RECEIVERS R5 34.8 34.5 41.5 65.0 50.0 0.0 5.00 a 6561963.81 2170753.38 5.00 RECEIVERS R6 41.3 41.3 48.0 65.0 50.0 0.0 5.00 a 6561014.44 2167755.55 5.00 RECEIVERSER114155 29.5 36.2 65.0 50.0 0.0 5.00 a 6560134.29 2166770.74 5.00 RECEIVERS 30.0 36.7 65.0 50.0 0.0 5.00 a 6559827.00 2166505.11 5.00 RECEIVERS 25.9 32.6 65.0 50.0 0.0 5.00 a 6556013.28 2170127.57 5.00 RECEIVERS 26.9 33.6 65.0 50.0 0.0 5.00 a 6557185.16 2172188.76 5.00 RECEIVERS 45.5 52.1 65.0 50.0 0.0 15.00 a 6560086.60 2167617.13 5.00 Point Source(s) Name M. ID Result. PWL Lw/Li Operating Time KO Dir Height Coordinates Day Evening Night Type Value norm. Day Special Night X Y Z X Y 2 (dBA) (dBA) (dBA) dB(A) (min) (min) (min) (dB) (ft) (ft) (ft) (ft) SPEAKER SPEAKER01 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558392.03 2168648.59 8.00 SPEAKER SPEAKER02 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558415.46 2168621.46 8.00 SPEAKER SPEAKER03 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558443.82 2168595.56 8.00 SPEAKER SPEAKER04 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558474.66 2168567.19 8.00 SPEAKER SPEAKER05 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558500.56 2168541.29 8.00 SPEAKER SPEAKER06 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558527.69 2168512.93 8.00 SPEAKER SPEAKER07 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558553.59 2168483.33 8.00 SPEAKER SPEAKER08 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558580.72 2168456.20 8.00 SPEAKER SPEAKER09 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558611.55 2168426.60 8.00 SPEAKER SPEAKER10 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558638.68 2168400.70 8.00 SPEAKER SPEAKER11 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558664.58 2168373.57 8.00 SPEAKER SPEAKER12 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558695.42 2168343.97 8.00 SPEAKER SPEAKER13 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558720.08 2168318.07 8.00 SPEAKER SPEAKER14 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 01 8.00 a 6558747.21 2168286.00 8.00 SPEAKER SPEAKER15 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 01 8.00 a 6558776.81 2168262.57 8.00 SPEAKER SPEAKER16 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558805.18 2168236.67 8.00 SPEAKER SPEAKER17 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558833.54 2168205.84 8.00 SPEAKER SPEAKER18 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558860.68 2168177.47 8.00 SPEAKER SPEAKER19 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558889.04 2168152.81 8.00 SPEAKER SPEAKER20 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558912.47 2168125.68 8.00 SPEAKER SPEAKER21 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1.0 8.00 a 6558944.54 2168097.31 8.00 SPEAKER SPEAKER22 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6558969.21 2168071.41 8.00 SPEAKER SPEAKER23 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559000.04 2168044.28 8.00 SPEAKER SPEAKER24 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559028.40 2168012.21 8.00 SPEAKER SPEAKER25 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559054.30 2167985.08 8.00 SPEAKER SPEAKER26 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559083.90 2167956.71 8.00 SPEAKER SPEAKER27 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559111.03 2167929.58 8.00 SPEAKER SPEAKER28 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559138.17 2167901.22 8.00 SPEAKER SPEAKER29 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559166.53 2167872.85 8.00 SPEAKER SPEAKER30 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559194.90 2167844.49 8.00 SPEAKER SPEAKER31 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559220.80 2167822.29 8.00 SPEAKER SPEAKER32 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559247.93 2167791.45 8.00 SPEAKER SPEAKER33 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 111 01 8.00 a 6559276.30 2167764.32 8.00 SPEAKER SPEAKER34 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559304.66 2167737.19 8.00 SPEAKER SPEAKER35 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559333.03 2167708.82 8.00 SPEAKER SPEAKER36 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559361.39 216768 .69 8.00 SPEAKER SPEAKER37 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559388.52 2167(52.09 8.00 SPEAKER SPEAKER38 86.0 86.0 86.0 Lw 86 0.0 Directivity 1 1 1 0 8.00 a 6559416.89 2167624.96 8.00 Barriers) Name M. ID Absorption Z-Ext. Cantilever Height Coordinates left right horz. vert. Begin End x y z Ground (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) BARRIERS BARRIERS00001 6.00 a 6556068.34 2169655.74 6.00 0.00 6556072.25 2169787.25 6.00 0.00 6556087.88 2170034.64 6.00 0.00 6556095.69 2170198.70 6.00 0.00 6556095.69 2170295.06 6.00 0.00 6556056.63 2170382.30 6.00 0.00 6555961.57 2170490.37 6.00 0.00 6555886.05 2170543.76 6.00 0.00 BARRIERS BARRIERS00002 6.00 a 6557284.27 2172169.91 6.001 0.00 165 Urban Crossroads, Inc. Name M. ID Absorption Z-Ext. Cantilever Height Coordinates left right horz. vert. Begin End x y z Ground (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) 6557254.76 2172131.72 6.00 0.00 6557208.75 2172123.04 6.00 0.00 6557131.50 2172067.48 6.00 0.00 6557060.31 2172050.99 6.00 0.00 6556932.71 2172050.99 6.00 0.00 6556792.95 2172051.86 6.00 0.00 6556711.36 2172079.64 6.00 0.00 BARRIERS BARRIERS00003 6.00 a 6557153.20 2172059.67 6.00 0.00 6557222.64 2172046.65 6.00 0.00 6557325.94 2172044.91 6.00 0.00 6557427.50 2172050.12 6.00 0.00 BARRIERS BARRIERS00004 6.00 a 6561351.48 2172027.86 6.00 0.00 6561102.87 2172020.92 6.00 0.00 6561104.95 2172050.09 6.00 0.00 6560961.89 2172050.78 6.00 0.00 6560757.73 2172048.00 6.00 0.00 BARRIERS BARRIERS00005 6.00 a 6561761.78 2172032.47 6.00 0.00 6561668.72 2172044.27 6.00 0.00 6561565.95 2172042.88 6.00 0.00 6561527.75 2172067.19 6.00 0.00 6561507.61 2172141.49 6.00 0.00 6561504.14 2172241.49 6.00 0.00 6561506.92 2172305.38 6.00 0.00 BARRIERS BARRIERS00006 6.00 a 6562036.78 2171815.10 6.00 0.00 6562077.75 2171758.85 6.00 0.00 6561990.25 2171672.05 6.00 0.00 6561978.45 2171678.30 6.00 0.00 6561885.39 2171597.74 6.00 0.00 6561777.06 2171550.52 6.00 0.00 6561777.75 2171540.80 6.00 0.00 6561698.58 2171485.24 6.00 0.00 6561619.42 2171384.55 6.00 0.00 6561618.03 2171366.49 6.00 0.00 6561622.89 2171360.94 6.00 0.00 6561606.92 2171297.74 6.00 0.00 BARRIERS BARRIERS00007 6.00 a 6561650.93 2171132.10 6.00 0.00 6561698.67 2171027.94 6.00 0.00 6561730.14 2170950.90 6.00 0.00 6561778.97 2170829.37 6.00 0.00 6561832.14 2170754.50 6.00 0.00 6561854.92 2170726.29 6.00 0.00 6561861.43 2170734.97 6.00 0.00 6561913.52 2170592.82 6.00 0.00 6561937.39 2170571.12 6.00 0.00 6561958.00 2170535.32 6.00 0.00 BARRIERS BARRIERS00008 6.00 a 6561606.92 2171297.74 6.00 0.00 6561606.67 2171224.32 6.00 0.00 6561616.63 2171169.23 6.00 0.00 6561631.23 2171167.24 6.00 0.00 6561650.93 2171132.10 6.00 0.00 BARRIERS BARRIERS00009 FFF 6.00 a 6560093.69 2166604.65 6.00 0.00 6560092.73 2166983.08 6.00 0.00 166 Urban Crossroads, Inc. KELLY LATER WAVE COMPANY PROJECT: Coral Mountain Wave Project SUBJECT: Noise Analysis DATE: August 8, 2022 Coral Mountain Speaker Design IIgo: 101OEM f & I a & MC&_1011@11u1 The use of an announcement system in the Coral Mountain Wave Project is necessary for surf operations and safety. Notifications are sent through a series of small speakers located along the safety barrier as shown in Figure 1. These announcements are primarily to alert surfers of upcoming waves and are intended only for main wave surfers. Main wave surfers are posted along the safety barrier very near to the speakers, this allows us to limit the noise level and coverage zones . Because notifications are only critical for main wave surfers, speaker coverage in the endzone areas has been omitted. The current design calls for 38 Sonance LS6T SAT outdoor speakers placed at 40' intervals along the main reef. .e' Figure 1. Speaker Locations Page 1 Exhibit L 167 Surf Ranch Lemoore Noise Study Urban Crossroads analyzed the noise levels at Kelly Slater Wave Company's facility in Lemoore California, Surf Ranch Lemoore. This study took data regarding the noise produced by the wave machine. Data was collected at eight locations on the site and captured noise produced by the announcement system, wave vehicle and associated mechanisms, and the movement of the water. In 2018 the wave machine cable roller system in Lemoore was updated from metal to nylon. This decreased noise levels of the wave vehicle. This reduction was captured in a later analysis by Urban Crossroads in 2021. In the Coral Mountain Project it is expected that noise levels will be diminished further due to more changes to the cable roller system, in this design the cable will be run underwater. Modification to the announcement system will also decrease noise levels in Coral Mountain. While Lemoore's notification system features an elevated loudspeaker mounted at the control tower, Coral Mountain has eliminated this from their design and placed all speakers at grade closer to the surfers. This updated design significantly limits areas where announcements are audible. Page 2 168 EXHIBIT A: SPEAKER LOCATIONS 12642-19 Noise Memo URBAN CROSSROADS 169 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CM WAVE DEVELOPMENT LLC r: 170 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2022 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California ("City"), and CM Wave Development LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. Government Code Section 65864 et seq. ("Development Agreement Act") authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns certain real property, consisting of approximately 386 acres, located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and shown on the Site Map attached hereto as Exhibit `B" (the "Site"); and Developer has proposed to develop a resort community consisting of a mix of uses including, up to 600 residential dwelling units, a boutique resort hotel with up to 150 keys and complimentary resort uses and amenities, a recreational surf facility, up to 57,000 square feet of tourist commercial uses, up to 60,000 square feet of neighborhood commercial uses, and approximately 23.6 acres of additional open space and recreational amenities (collectively, the "Project"). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Coral Mountain Resort Specific Plan, also known as Specific Plan No. SP2020-0002 ("Specific Plan"); (iii) the Environmental Impact Report prepared for the Project, approved and certified by the City Council on , by City Council Resolution No. (the "EIR"); (iv) General Plan Amendment No. GPA 2019- 0002; (v) Zone Change No. ZC 2019-0004; (vi) Specific Plan Amendment to SP 03-067 (to remove the Site from that Specific Plan); (vii) Tentative Tract Map No. TTM 2019-0005; Site Development Permit No. SDP 2021-0001; and (viii) any future discretionary or ministerial approvals and/or permits issued for the Project (collectively, the "Project Site Development Permits"); (ix) any future subdivision maps approved for the Project (collectively, the "Future Tract Maps"); and (x) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(x) are collectively referred to herein as the "Project Approvals," and are, or when approved or issued shall be, on file with the City Clerk. D. Developer owns fee simple title to the Site, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Site. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development -1- 171 agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. F. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. G. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. H. On 24242022, the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: GENERAL 1.1 Definitions 1.1.1 "Administrative Adjustment" shall have the meaning set forth in Section 2.2.10 of this Agreement. 1.1.2 "Affiliated Party" shall have the meaning set forth in Section 1.8.3 of this Agreement. 1.1.3 "Agreement" means this Development Agreement and all amendments and modifications thereto. 1.1.4 "Annual Mitigation Payment Date" shall have the meaning set forth in Section 3.6.1 of this Agreement. 1.1.5 "Applicable Rules" means the rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement, including, but not limited to, the City's General Plan, Zoning Ordinance, and the -2- 172 Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction. 1.1.6 "Assignment and Assumption Agreement' shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.7 "CC&Rs" means the Declaration(s) of Covenants, Codes, and Restrictions, recorded against all or a portion of the Site, as set forth in Section 3.8 of this Agreement. 1.1.8 "CDFW" means the California Department of Fish and Wildlife, a state agency. 1.1.9 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.1.10 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.11 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.12 "Conditions of Approval" shall have the meaning set forth in Recital C. 1.1.13 "Coral Mountain Resort Annual Mitigation Fee" shall have the meaning set forth in Section 3.6.2 of this Agreement. The Coral Mountain Resort Annual Mitigation Fee may also be referred to as the "Coral Mountain Residential Unit Fee". 1.1.14 "CVMSHCP" means the Coachella Valley Multiple Species Habitat Conservation Program, as described in the EIR and as approved by the California Department of Fish and Wildlife with issuance of a Natural Community Conservation Plan (NCCP) Permit on September 9, 2008, and the U.S. Fish and Wildlife Service with the issuance of the final permit on October 1, 2008, for the CVMSHCP. 1.1.15 "CVWD" means the Coachella Valley_ Water District_, a public water agency, formed and operating pursuant to state law. 1.1.151.1.16 "Development Director" means the Design and Development Director for the City or designee. Agreement. 1.1.161.1.17 "Developer" has the same meaning as in the preamble to this -3- 173 1.1.171.1.18 "Development Agreement Act" means Section 65864 et seq., of the California Government Code. 1.1.19 "Development Impact Fees" or "DIF Fees" means any and all fees imposed and authorized pursuant to the Mitigation Fee Act, Section 66000 et sea. of the California Government Code, and any and all City ordinances, resolutions, and policies implementing the same, including but not limited to the La Ouinta Municipal Code. 1.1.181.1.20 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies. 1. 1. 191.1.21 "Discretionary Permits" means any permits, approvals, plans, Future Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, site development permits, grading permits, stockpile permits, and encroachment permits. 1.1.201.1.22 "Effective Date" shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.211.1.23 "Environmental Impact Report' or "EIR" shall have the meaning set forth in Recital C of this Agreement. 1.1.221.1.24 "Finance District' shall have the meaning set forth in Section 4.4 of this Agreement. 1.1.231.1.25 "Future Tract Maps" shall have the meaning set forth in Recital C. 1.1.241.1.26 "General Plan" means the General Plan of the City. 1.1.251.1.27 "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by City.-, including Development Impact Fees and Quimby Fees. Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (c) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development. 1.1.261.1.28 "Insubstantial Modification' shall have the meaning set forth in Section 1.6(a) of this Agreement. 13 174 1. 1.271.1.29 "Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits. 1.1.281.1.30 "Mitigation Measures" means the mitigation measures described in the EIR and in the Mitigation Monitoring Program approved and adopted for the Project. 1.1.291.1.31 "New Laws" means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date. 1.1.301.1.32 "Non -Assuming Transferee" shall have the meaning set forth in Section 1.8.2 of this Agreement. 1.1.311.1.33 "One -Time Mitigation Fee" shall have the meaning set forth in Section 3.6.1 of this Agreement. 1.1.321.1.34 "Operative Year" shall have the meaning set forth in Section 3.6.2 of this Agreement. 1.1.331.1.35 "Parties" means collectively Developer and City. Each shall be referred to in the singular as a "Party". 1.1.341.1.36 "Planning Area" shall mean an area designated on the Site Map as a planning area. 1.1.351.1.37 "Planning Commission" means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.361.1.38 "Processing Fees" means all processing fees and charges required by City to cover the City's cost of processing permits and other land use entitlements and conducing the associated inspections, including, but not limited to, fees for filing land use applications, plan check fees, inspection fees, and other processing or administrative fees. Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a City- wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Developer shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City's program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement. -5- 175 in Section 3.1. 1.1.371.1.39 "Project" means development of the Site asset forth in more detail 1.1.391.1.40 "Project Approvals" shall have the meaning set forth in Recital C. 1.1.391.1.41 "Public Facilities" shall have the meaning set forth in Section 4.4 of this Agreement. 1.1.42 "Quimby Fees" means any and all fees imposed and authorized pursuant to the Quimby Act, Section 66467 of the California Government Code, and any and all City ordinances, resolutions, and policies implementing the same, including but not limited to the La Quinta Municipal Code. 1.1.401.1.43 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on City's police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer's ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer's ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City- wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) required by a non -City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a significant loss of funds or loss of access to significant funding or other resources), or (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement). 1.1.411.1.44 "Schedule of Performance" means the schedule for the development of the Project as set forth in Exhibit "H" attached hereto and incorporated into this Agreement by this reference. 1.1.421.1.45 "Short -Term Vacation Rentals Regulations" means Chapter 3.25 (or successor chapter) of the La Quinta Municipal Code that governs the application, permitting, renewal, use, operation, penalties, and other provisions relating to short-term vacation rentals in the City, in effect at the time during the Term of this Agreement, except to the extent any provision in Chapter 3.25 directly conflicts with the rights vested as set forth in Section 5 of this Agreement. 1.1.431.1.46 "Site" means approximately 386 acres of real property located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County INI 176 of Riverside, State of California. The Site is legally described in the Site Legal Description and depicted in the Site Map., attached hereto as Exhibits A and B, respectively. 1.1.441.1.47 "Site Development Plan" shall have the meaning set forth in Section 9.180.020 of the La Quinta Municipal Code. 1.1.451.1.48 "Site Legal Description" shall mean the legal description of the Site as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. 1.1.461.1.49 "Site Map" means the map of the Site and immediately adjacent properties, which is attached hereto as Exhibit B and incorporated herein by this reference. 1.1.471.1.50 "Specific Plan" shall have the meaning asset forth in Recital C. 1.1.481.1.51 "Term" means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 11.491.1.52 "TOT" means Transient Occupancy Tax levied by the City, in accordance with Chapter 3.24 of the La Quinta Municipal Code and applicable state law, and deposited into the City's general fund after remittance by all operators (or other entities or individuals) subject to the tax. 1.1.501.1.53 "Transferee" means individually or collectively, Developer's successors in interest, assignees or transferees of all or any portion of the Site. 1.1.511.1.54 "Uniform Codes" means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi -state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City-wide). 1.1.55 "Vesting Date" means the later of (i) the Effective Date of this Agreement. and (ii) the running of all applicable statute of limitations and referendum petition deadlines to challenge the Project Approvals with no legal challenge or petition having been filed or submitted, or if filed or submitted. successfullv resolved to the satisfaction of Developer and Citv. 1.1.56 "Wave Basin" shall have the meaning as set forth in Section 3.1(C) of this Agreement. 1.1.521.1.57 "Zoning Ordinance" means Title 9 of the La Quinta Municipal Code. 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by -7- 177 circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. 1.3 Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of ("Effective Date"), which is the date that Ordinance No. takes effect. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom. City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted Ordinance No. approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and operation of the Project for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project can be constructed and operated during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 City CEQA Findings. City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the State and local guidelines adopted thereunder, and City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA. 1.6 Modification or Amendment of this Agreement. Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Section 65867-65868, the City's Development Agreement Ordinance, and the following terms: (a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with In 178 respect to the details of the Project development and the performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Specific Plan, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an "Insubstantial Modification"), and that can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum to the EIR, shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or designee shall determine, in the City Manager's sole discretion but not to be unreasonably withheld: (1) whether the requested modification constitutes an "Insubstantial Modification," as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether the requested modification tends to promote the goals of this Agreement. If the City Manager or designee determines that the requested modification is an "Insubstantial Modification" that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an "amendment" to this Agreement under Government Code Section 65858. (b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be "Substantial Amendments" which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Amendment Exemptions. City approval of (1) administrative adjustments to a Project Approval, as defined in Section 2.2.10 of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any minor amendments or modifications to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder. (d) Parties Required to Amend. Where a portion of Developer's rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder. In no event shall the signature or consent of any Non -Assuming Transferee be required to amend this Agreement. In 179 1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption. 1.7 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. As to any specific lot containing a residential dwelling within the Project, this Agreement shall terminate as to such lot upon the issuance by the City of a certificate of occupancy for the dwelling and the close of escrow of the initial sale of that dwelling. 1.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under the Project Approvals to third parties acquiring an interest or estate in the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following: 1.8.1 Assignment and Assumption Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of the Site (other than a transfer or assignment by Developer to an affiliated party, a "Mortgagee", or a "Non -Assuming Transferee" (as defined in Section 1.8.2 below)), Developer and the transferee shall enter into a written agreement (an "Assignment and Assumption Agreement") regarding the respective interests, rights and obligations of Developer and the transferee in and under the Project Approvals. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to improve that portion of the Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Except as provided in Section 1.8.2 of this Agreement, Developer shall obtain City's prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. City may refuse to give its consent only if, in light of the proposed transferee's reputation and financial resources, such transferee would not in City's reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this -10- 10 Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable, and (d) City has satisfied itself of transferee's ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein. (d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer's release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer's obligations to that successor. (e) Provided any assignment is consistent with the Development Agreement Act and Development Agreement Ordinance, the City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 1.8.2 Non -Assuming Transferees. Except as otherwise required by Developer, in Developer's sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to: (i) any single residential parcel conveyed to a purchaser, or (ii) any property that has been established as one or more separate legal parcels and conveyed for open space, park, or similar nonresidential/noncommercial uses. Neither an Assignment and Assumption Agreement nor City's consent shall be required in connection with subsections (i) and (ii) above as long as Developer continues to assume obligations with respect to the portion that is transferred, or can otherwise demonstrate bonds and/or other financial security will satisfy these obligations, and in such case the transferee in such a transaction and its successors ("Non -Assuming Transferees") shall be deemed to have no obligations under this Agreement (except for obligations which extend to the individual units, single residential parcels, and any other parcels or property subject to the Declaration of Covenants, Conditions and Restrictions (CC&R) provisions which implement this Agreement) but shall continue to benefit from the vested rights provided by this Agreement until this Agreement is terminated with respect to that parcel under Section 1.7 of this Agreement. Nothing in this section shall exempt any property transferred to a Non -Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. -11- 181 1.8.3 Transfers to Affiliated Parties. Developer, or any "Affiliated Parry" of Developer, may at any time and without City's prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any "Affiliated Party" of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations; provided, however, that Developer and the Affiliated Party duly execute (in recordable form) an Assignment and Assumption Agreement in a form approved by the City Manager and City Attorney, and Developer deliver said agreement to the City to ensure, among other terms and conditions, the City has the current address and notice information for any Affiliated Parry that assumes all or any portion of Developer's rights and obligations under this Agreement. As used herein, the term "Affiliated Party" shall mean any entity that owns fifty-one percent (51 %) or a controlling interest in Developer. The City shall have the right to request and review any and all articles of incorporation, bylaws, operating agreements, and other related governing documents of any Affiliated Party to confirm compliance with the requirements of this Section 1.8.3. 2. AGREEMENTS AND ASSURANCES 2.1 Agreement and Assurance on the Part of Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement. 2.2 Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develop. Developer has the vested right to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer's vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements within the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion -12- 182 thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent they would apply without this Agreement: (i) all Applicable Rules; (ii) all New Laws applied to Developer through the City's Reserved Powers; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; and (iv) the payment of all applicable fees in effect on the Effective Date in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Site and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Site or the Project unless such changes represent an exercise of City's Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. -13- 183 (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent Development Review. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold or unreasonably condition any approvals and/or permits which must be issued by City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all City-wide standard procedures for processing applications for such approvals and/or permits. Nothing in this Agreement shall be interpreted to require the City to issue a permit or approval that is inconsistent with the Applicable Rules. 2.2.5 Moratoria or Interim Control Ordinances. In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Site, or the use of the Site (or any portion thereof) as authorized by this Agreement, or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Site, the Project or this Agreement, unless such changes are lawfully adopted pursuant to the Reserved Powers and do not conflict with any provisions of this Agreement. 2.2.6 Reserved. 2.2.7 Impact Fees. Notwithstanding any provisions in this Agreement regarding the type, amounts, and rates of Impact Fees to the contrary, the Impact Fees imposed by City with respect to the Project shall be only those Impact Fees in full force and effect as of the Effective Date, in the amounts/rate in effect at the time such fees are paid. -14- H 2.2.8 Timeframes and Staffing for Processing and Review. City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Discretionary Actions, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such Ministerial Permits and Approvals and Discretionary Actions and to comply with any timeframes established in the Project Approvals. City further agrees to timely process and approve all Ministerial Permits and Approvals, so long as they are consistent with the terms of this Agreement, the Applicable Rules, and the Project Approvals, and agrees to exercise its discretion concerning Discretionary Actions in manner that is consistent with the terms and conditions of this Agreement. 2.2.9 Extension of Tentative Maps. In accordance with Government Code Section 66452.6(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with the development of the Project, shall be extended for the greater period of (a) twenty (20) years or (b) such maximum total time as is permitted in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.) or Applicable Rules. 2.2.10 Project Approval Adjustments. To the extent permitted by state and federal law, any Project Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Adjustments. Upon the written request of Developer for a modification to a Project Approval (other than this Agreement), the Development Director or designee, in consultation with the City Engineer, shall determine: (i) whether the requested modification is minor when considered in light of the Project as a whole, and (ii) whether the requested modification is consistent with Applicable Rules (other than that portion of the Applicable Rules sought to be amended). If the Development Director or designee, in consultation with the City Engineer, determines, in his/her reasonable judgment, that the proposed modification is both minor and consistent with Applicable Rules (other than that portion of a Project Approval sought to be amended), the modification shall be determined to be an "Administrative Adjustment" and the Development Director or designee, in consultation with the City Engineer, may, except to the extent otherwise required by state or federal law, approve the Administrative Adjustment without notice and public hearing. For the purpose of this Section 2.2.10, and by way of example only, site plan review, architectural review, lotting pattern changes, changes in pedestrian paths, tentative subdivision map amendments (including lotting patterns and street alignments) which are minor and will not have a substantial or material impact on traffic circulation as described for each such area in the Specific Plan, substitutions of comparable landscaping for any landscaping shown on a landscape plan, minor variations in the location of lots or homesites that do not substantially alter the design concepts of the Project, final locations of floating park sites, floating public facility sites, and minor variations in the location or installation of utilities and other infrastructure -15- lim connections or facilities that do not substantially alter the design concepts of the Project, may be treated as Administrative Adjustments by the Development Director and the City Engineer. (b) Non -Administrative Amendments. Any request of Developer for a modification to a Project Approval (other than this Agreement), which is not approved as an Administrative Adjustment as set forth above, shall be subject to review, consideration, and action pursuant to Applicable Rules. 3. DEVELOPER'S OBLIGATIONS 3.1 Development of the Project; Planned Development. Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a mixed -use resort development with the following components: (A) Up to 60,000 square feet of neighborhood commercial development with associated parking, circulation and landscaping improvements on approximately 7.7 acres in "Planning Area I' ; (B) Up to 496 single-family residential dwellings and related recreational and open space amenities and infrastructure improvements on approximately 232.3 acres in "Planning Area II"; k (C) Tourist commercial and resort residential uses on approximately 120.8 acres in "Planning Area III", consisting of boutique resort hotel with up to 150 keys, 57,000 square feet of tourist commercial resort amenities in a walkable village, up to 104 resort residential dwellings, an approximately 16-acre artificial "Wave Basin; a private clubhouse and related amenities adjacent to the Wave Basin, as well as other open space, recreational amenities, and related facilities and infrastructure improvements; (D) An additional 23.6 acres of natural open space with low -impact active and passive recreational amenities in "Planning Area IV"; and (E) Allowance of short-term vacation rentals pursuant to Article 5 of this Agreement. Developer shall develop the Project in accordance with the Schedule of Performance, as that schedule may be modified pursuant to mutual written agreement of the parties or extended pursuant to Section 8.2 of this Agreement. If any item of performance is not completed in accordance with the Schedule of Performance, then following the notice and cure periods set forth in Sections 6.1 and 6.2 of this Agreement, the City shall have the right to terminate the Agreement as to the specific portion of the Project that has not been completed in accordance with the Schedule of Performance, subject to the procedures described in Section 6.3 of this Agreement. Except as set forth in this Section 3.1, Developer is not obligated to affirmatively act to develop all or any portion of the Site, pay any sums of money, dedicate any land, indemnify any party (save -16- 1:. and except Developer's obligation to indemnify the City for all costs associated with any legal challenge to this Agreement or the Project Approvals), or to otherwise meet or perform any obligation with respect to the Site, except and only as a condition to the development of the Project. When Developer develops any portion of the Site, Developer shall comply with the terms of this Agreement, the Applicable Rules, and the Project Approvals governing development of the Site or any portion thereof. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code section 66473.7 with respect to any Tract Maps prepared for the Project. 3.3 Project Design Features Referenced in EIR. As a condition of development, Developer shall incorporate into the Project all project design features identified in the EIR and included as part of the "project" evaluated in the EIR and its technical studies, as specifically identified in Exhibit "C" attached hereto. Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.4 Mitigation Monitoring Program. As a condition of development, the Developer shall also comply with the mitigation monitoring program set forth in Exhibit "D" attached hereto (the "Mitigation Monitoring Program"), and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.5 Conditions of Approval. As a condition of development, the Developer shall also comply with the conditions of approval attached hereto as Exhibit " B," and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "E" may be applicable to the Project if and as associated with future Project approvals, to the extent such additional conditions of approval are consistent with the terms of this Agreement. 3.5.1 CVMSHCP Compliance. (A) Notwithstanding any provisions in this Agreement to the contrary, the following terms and conditions in furtherance of CVMSHCP compliance shall apply: The Project shall comply with all provisions of the CVMSHCP Guidelines for all areas adjacent to Coral Mountain or any other Bureau of Land Management (`BLM") open space as shown on Figure 13 in the Specific Plan; (B) The development of the Project and use of the Site (and each applicable Planning Area on the Site) shall fully comply with all CVMSHCP Land Use Adjacency Guidelines, even though no portion of the Project or the Site is in or adjacent to any CVMSHCP conservation area, as set forth in more detail in Section 2.5 of the Specific Plan. Without limiting -17- 187 the obligation to comply with the CVMSHCP Land Use Adjacency Guidelines, the following terms and conditions apply to the development of the Project and use of the Site: (i) There shall be no planting of invasive, non-native plant species in and adjacent to CVMSHCP conservation areas as shown on Figure 13 of the Specific Plan; and (ii) The Project shall follow the recommended and prohibited species as noted in Tables 4-112 and 4-113 of the CVMSHCP Land Use Adjacency Guidelines, as set forth in Table 3 of the Specific Plan ("Plant Material Palette"). (C) To further the CVMSHCP Land Use Adjacency Guidelines requirement for the incorporation of barriers to minimize unauthorized public access, domestic animal predation, illegal trespass, and dumping in a CVMSHCP conservation area, there shall be a protective barrier that complies with the requirements for Peninsular Bighorn Sheep ("PBS") barriers along the western boundary, covering all areas adjacent to Coral Mountain and other BLM open space property, as set forth in more detail in Section 2.5 of the Specific Plan. The protective sheep barrier shall be at least eight (8) feet high, with the final design and location subject to City approval in consultation with CDFW. All recreational infrastructure and activities, including but not limited to the planned on -site portion of the regional trail connection which Desert Recreation District intends to construct in the vicinity of the Project, shall be located on the development -side and not on the BLM side of the protective sheep barrier. 3.5.2 CC&Rs Incorporating CVMSHCP Compliance. The CVMSHCP compliance requirements set forth in Section 3.5.1 of this Agreement shall be incorporated into the CC&Rs for the Project and the Site, which shall be recorded against the Site as provided for in Section 3.8 of this Agreement, and shall be enforceable in perpetuity for the life of the Project and use of the Site. 3.6 Payment of Fees. During the Term of this Agreement, Developer shall timely pay all Processing Fees and Impact Fees with respect to the Project as specified in this Agreement. 3.6.1 Developer's Payments of One -Time Mitigation Fees. As a further public benefit of the Project, including to help pay for the City's public safety and public infrastructure costs, Developer shall pay or cause to be paid to the City, for each of the up to 496 single-family residential units in Planning Area II of the Project, the sum of One Thousand Dollars ($1,000.00) per unit, with such payment due upon the first close of escrow for each such unit (the "One -Time Mitigation Fee"). 3.6.2 Annual Mitigation Fee; Potential Cessation of Annual Fee. To ensure that the Project generates sufficient TOT and sales tax revenues to the City to pay all public safety and other public service costs of the City resulting from the Project, during the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Developer or the Developer's successor shall pay to the City an annual mitigation fee ("Coral Mountain Resort Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment sm i Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Coral Mountain Resort Annual Mitigation Fee shall be comprised of the following: The collective sum of One Thousand Dollars ($1,000) for each of the 600 allowed residential units (also referred to as the "Coral Mountain Residential Unit Fee") in the Project that has received a certificate of occupancy, and that has been sold to a third parry purchaser as evidenced by a recorded grant deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the two paragraphs above, if the City has received TOT for rentals from the Project (which includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Dollars ($1,000,000.00) but less than One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 1 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, the Coral Mountain Resort Annual Mitigation Fee for the next Operative Year (and each Operative Year thereafter) shall be reduced from One Thousand Dollars ($1,000) per residential in the Project to Five Hundred Dollars ($500.00) per residential unit in the Project. Furthermore, and notwithstanding the three paragraphs above, if the City has received TOT for rentals from the Project (which includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 2 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, then the Developer's (or the Developer's successor's) obligation to pay the Coral Mountain Resort Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall no longer be of any further force and effect. Notwithstanding the obligation (or termination of the obligation) by Developer (or Developer's successors) to pay either the One -Time Mitigation Fee or the Coral Mountain Resort Annual Mitigation Fee, all rentals of residential units and hotel units shall remain subject to the City's TOT requirements. The CC&Rs for the residential units in the Project shall provide for the assessment and collection of the Coral Mountain Resort Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain Resort Annual Mitigation Fee, the CC&Rs shall provide the City with enforcement rights against both the Developer or its successor and the individual homeowners. The City shall be provided with the same rights of collection as to the Coral Mountain Resort Annual Mitigation Fee that the Developer or its successor shall have for the collection of other fees and assessments, but the Developer or its successor shall have the obligation for collection and payment of the Coral Mountain Resort Annual Mitigation Fee. In any action by the City to collect the Coral Mountain Resort Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. The CC&Rs shall be subject to the terms and conditions set forth in Section 3.8 of this Agreement. -19- 1:• 3.6.3 Annual Rate Adjustment. The Coral Mountain Resort Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July 1st during the term of this Agreement, commencing on the first Annual Mitigation Payment Date, by an increase of two percent (2%) per year. The CC&Rs as described in the last paragraph of Section 3.6.2 above shall include the annual rate adjustment as provided in this Section 3.6.3 of this Agreement. 3.6.4 Other Fees and Charges. Except as expressly limited in this Agreement, nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes. Notwithstanding the foregoing, Developer reserves the right to challenge the application of any fee, charge, levy, assessment, or tax imposed on the Project or Site by the City if Developer contends it violates the terms of this Agreement or the other Project Approvals. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.7 Dedications and Improvements; Improvement Security_ Developer shall complete and offer dedications to the City or other applicable public agency of those public improvements required in connection with the Project, as specified in the Conditions of Approval. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer's obligations under this Agreement to construct the on -site and off -site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code. 3.8 Declaration(s) of Covenants, Codes, and Restrictions. Developer shall prepare, draft (in a form to be approved by the City Manager and City Attorney), execute, and cause to be recorded in the official records of Riverside County one or more Declaration(s) of Covenants, Codes, and Restrictions ("CC&Rs") to govern the authorized and required land uses and operations at the Site, and the general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure), and any other terms and conditions as may be necessary or appropriate to maintain the use and operation of the Site, and all common areas, consistent with the terms and conditions of the Project. Developer may have CC&Rs prepared, drafted, executed, and recorded for each of the separate phases (Planning Area I, -20- 190 Planning Area II, Planning Area III, and Planning Area IV) of the Project, but the CC&Rs shall include at a minimum the terms and conditions governing the payment of fees as required in Section 6.3 of this Agreement, the terms and conditions allowing for the use of short-term vacation rentals as provided in Article 5 of this Agreement for the applicable Planning Areas of the Project, and general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure. The CC&Rs shall be implemented and enforced by a duly established homeowners association ("HOA") pursuant to state law for a common interest development. The City shall be deemed a third party beneficiary to the CC&Rs with the right, but not the obligation, to enforce any terms and conditions included for the benefit of the City as provided for in this Agreement or the CC&Rs ("City Required Provisions"). The City Required Provisions, once approved by the City Manager and City Attorney, may not be substantively amended or modified without the prior written consent of the City Manager and City Attorney, which shall not be unreasonably withheld, conditioned or delayed. 3.9 Indemnification. Developer shall protect, defend, indemnify and hold harmless City and City's officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys' fees and expert witness fees, arising out of or directly relating to construction and development -related activities on the Site by Developer, but excluding those resulting from the gross negligence or willful misconduct of any Indemnitee, but including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted ("Claims"). In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City's option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. -21- 191 3.10 Permanent Closure of Wave Basin. In the event that the Wave Basin is permanently closed during the term of this Development Agreement, Developer shall be required to dismantle and remove the wave making machinery and shall either (i) continue to operate the basin itself as a recreational lake amenity, or (ii) seek City approval for an alternative use, including obtaining a Conditional Use Permit, Site Development Permit, or other applicable entitlement, if required. 3.11 Turf Reduction Program. 3.11.1 Developer Payments. As a further public benefit of the Project, and to provide additional funds to supplement CVWD's turf reduction program (currently $3/square foot) specifically for residents of the City, Developer shall make the following payments to the City or its designee: (i) Five Hundred Thousand Dollars ($500,000) within thirty (30) days following the Vesting Date; (ii) an additional Five Hundred Thousand Dollars ($500,000) on or before the one-year anniversary of the Vesting Date; and (iii) an additional Five Hundred Thousand Dollars ($500,000) on or before the two-year anniversary of the Vesting Date. The City shall have the right to receive and the discretion to administer the funds received pursuant to this Section 3.11.1 to further the purposes of the turf reduction program for the benefit of the Citv's residents. In the event that CVWD discontinues the turf reduction program in place as of the Vesting Date of this Agreement, the City shall still have the right to receive the payments described in this Section 3.11.1 and 3.11.2 below for purposes consistent with turf reduction goal and obiectives. as the Citv deems appropriate in its discretion. V 3.11.2 Transfer Fee on Initial Sales. In addition to the Developer payments described in Section 3.11.1, Developer shall establish and impose a transfer fee on the initial sale of each home and estate lot in the Project equal to one -quarter of one percent (0.25%) of the total sales price, which shall be paid to the Citv or its designee within thirty (30) days following the close of escrow on the initial sale to a home or lot buyer, for the purpose of funding the turf reduction program as described in Section 3.11.1 above. Developer shall create and impose this transfer fee for initial sales of each home and estate lot in the CC&Rs recorded pursuant to Section 3.8 of this A reement. 3.12 Coral Mountain Surf Foundation Obligations. N Developer shall establish and impose a transfer fee on all re -sales of homes within the Project equal to oneCivarter of one percent (0.25%) of the total sales price, which shall be distributed by a Coral Mountain nonprofit entity that shall be established by Developer or caused to be established by Developer (with the nonprofit entity, and its charitable puMose(s), approved by the City) to support health and social programs in the City of La O_uinta and the eastern Coachella Valley in Riverside County. Such programs may include but are not limited to the funding of bona fide non-profit and community service organizations with missions that address health and social justice issues, such as clean water initiatives in rural underserved communities, community food security, and homeless and impoverished services. Developer shall remit to the City or its designee all funds collected and received as a transfer fee pursuant to this Section 3.12 -22- 192 within thirty (30) days following the close of escrow on the re -sale of a home within the proiect. Developer shall create and impose this transfer fee for re -sales of homes in the CC&Rs recorded pursuant to Section 3.8 of this Agreement. 3.13 Coral Mountain Park: Park Component of DIF Fees and Quimby Fees. As a further public benefit of the Project, the parties agree that, to the maximum extent permitted by law, the park component of the City's Development Impact Fees and Quimby Fees required to be paid by Developer for the Project's resort residential units in Planning Area III specifically Planning Area III-D and III-E) and the estate residential lots in Planning Area II shall be dedicated to providing funding for Desert Recreation District's planned Coral Mountain Park improvements. Developer agrees to, and hereby does and shall, waive any right to receive the funds as described in this Section 3.13, or to the repayment of said funds or any credit for said funds as described in this Section 3.13, attributable to the park component of the City's Development Impact Fees and Quimby Fees that otherwise apply due to the Project's construction and/or dedication of public park improvements. 3.14 Charitable Use of Wave Basin. Developer shall allocate a minimum of one thousand (1,000) person hours of time in the Wave Basin annually for charitable and public interest purposes, including but not limited to an annual surf camp run by the City or its designee, or donations for fundraising auction prizes for qualified charities. 3.15 Special Event Restriction. V r In addition to the mitigation measures applicable to any proposed special events at the Wave Basin, there shall be a prohibition against any special events for the first two years following the commencement of Wave Basin use and operations. Following the expiration of the two --ear period, Developer shall cooperate with City in monitoring and providing traffic data, noise date, 4. CITY'S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "F", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. -23- 193 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 City Cooperation. The parties agree that Developer must be able to proceed rapidly with the development of the Property and, accordingly, that expedited City review of tentative maps, final maps, modifications to Project Approvals, building permits and construction inspections, is essential to the successful completion of the Project. Accordingly, to the extent that the applications and submittals are in conformity with the Project Approvals, Applicable Rules, and this Agreement, and adequate funding exists therefor, City agrees to provide adequate City resources to diligently accept, review, and take action on all subsequent applications and submittals made to City by Developer in furtherance of the Project. Similarly, to the extent that adequate funding exists therefor, City shall provide adequate City resources to promptly review and approve improvement plans, conduct construction inspections, and accept completed public facilities. Developer agrees to reimburse the City for all costs associated with providing expedited services, above and beyond those costs covered by the City's Processing Fees. In the event City does not have adequate resources, City shall authorize the use of "contract labor" for inspection and plan review purposes, which shall be reimbursed by Developer, pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credit to Developer to avoid Developer paying more than once for the same plan check, inspection, or other City service. City shall consult with Developer concerning the selection of the most knowledgeable, efficient and available "contract labor" for purposes of providing inspection and plan review duties for the City and the Project; provided, however, that City shall retain the right to select any "contract labor" it reasonably chooses. 4.4 Final Map and Improvement Plan Procedures. The City shall complete improvement plan and final map review in accordance with Applicable Rules, in good faith, and in an expeditious manner. If reasonably necessary, City shall have the right to hire outside inspectors and/or consultants, the cost of which shall be reimbursed by Developer. For those improvement plans or other implementing approvals under the jurisdiction of another agency, if any, the City agrees to reasonably cooperate in providing any necessary information or approval in a timely manner, so long as the plans do not substantially conflict with the Project Approvals. -24- 194 4.5 Building Permits. City shall complete its review of house plans and issue building permits in a good faith and expeditious manner. Recordation of a final map shall not be required prior to the issuance of building permits for model homes. 4.6 Environmental Review and Mitigation. The Parties understand and agree that the EIR for the Project considers the whole of the Project, including each of the Project Approvals and all Discretionary Actions and Ministerial Permits and Project Approvals necessary for development of the Project. Accordingly, the City agrees to use the certified EIR for this Project as a program and project EIR to comply with CEQA's environmental review requirements for all future Discretionary Actions to the maximum extent allowed by law, including applying the CEQA exemptions specified in Government Code § 65457 and CEQA Guidelines 15182 and 15183, which establish an exemption from further environmental review for the processing of tentative tract maps after certification of a Specific Plan EIR for residential development, if the proposed tentative tract maps are consistent with the Specific Plan and meet other applicable requirements. If an exemption or reliance on the EIR as a program and project EIR is not legally permissible, in the City's sole judgment, then City and Developer agree to meet and confer as to the most appropriate form of environmental review of such approval, provided, however, that City shall retain the authority to determine the most appropriate form of such environmental review. 4.7 Inspections. V Any building or fire inspection request received by City from Developer will be processed as expeditiously as possible, pursuant to the terms and conditions of this Agreement and (as applicable) provisions in the La Quinta Municipal Code and City's standard inspection procedures. 4.8 Review for Compliance. City shall review Developer's compliance with the terms and conditions of this Agreement at least once during every twelve (12) month period following the Effective Date. In accordance with the City's procedures and standards for such review. During such period review by the City, Developer, upon written request from the City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms and conditions of this Agreement. The failure of the City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement or the obligations of the Parties to perform pursuant to the terms and conditions of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City shall, at Developer's request, issue a certificate of compliance to Developer stating that (i) This Agreement remains in full force and effect, and (ii) Developer is in compliance with this Agreement. The certificate of compliance shall be in a form approved by the Parties and, for the City, the City Manager and the City Attorney, and may be in recordable form. Developer may, at its sole cost and expense, record any such certificate of compliance if obtained. If, at the conclusion of the annual review provided for herein, -25- 195 Developer has been found not to be in compliance with this Agreement, City shall, at is sole and absolute discretion, exercise any and all rights available under this Agreement and otherwise available at law or in equity. 5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. 5.1 Short Term Vacation Rentals as a Permitted Use. This Agreement and the Specific Plan for the Project provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. Such short-term vacation rentals shall be subject to the terms of the Short -Term Vacation Rental Regulations set forth in Chapter 3.25 of the La Quinta Municipal Code (or successor provisions) of the La Quinta Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City's Short - Term Vacation Rental Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City's Short -Term Vacation Rental Regulations-. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit "G". In the event Chapter 3.25 is repealed in its entirely, the provisions of Chapter 3.25 as attached to this Agreement shall govern the permitting, operation, and renewal of short-term vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in Chapter 3.25, the Developer or its successor or assignee shall be the "authorized agent or representative" (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of Chapter 3.25, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the "owner" (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with Chapter 3.25 and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non- compliance; and, provided further, that the "owner" shall have a process available, through an independent arbitrator or neutral decision -maker designated by the homeowner's association ("HOA") of which the short-term vacation rental unit owner is a member, to petition for a change of that owner's "authorized agent or representative" because the owner demonstrates, with a -26- 196 preponderance of evidence, that the "authorized agent or representative," designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of Chapter 3.25 for that owner's short-term vacation rental unit. The CC&Rs as described in Section 3.8 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1. Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Property (and each One of the Properties) within the Project: (A) The operational requirements and restrictions in Section 3.25.070 (or successor section) of the La Quinta Municipal Code shall apply to all short-term vacation rental units, including the limits on the number of daytime and overnight guests in each unit to ensure that occupancy levels are appropriate for the number of bedrooms and compatible with single- family residential communities; (B) All short-term vacation rental units in the Project shall be subject to, at a minimum, the noise restrictions in Sections 9.100.210 and 11.08.040 (or successor sections) of the La Quinta Municipal Code, in addition to any noise compliance requirements set forth in Chapter 3.25 of the La Quinta Municipal Code. 5.2 Transient Occupancy Tax. All short-term vacation rentals in the Project shall be subject to, and comply with, the City's Transient Occupancy Ordinance as set forth in Chapter 3.24 of the La Quinta Municipal Code. To the extent the City revises its Transient Occupancy Ordinance after the Effective Date of this Agreement, all short-term vacation rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section 5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short-term vacation rentals in the Project comply with the City's requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement. 5.3 Covenants, Conditions and Restrictions. All CC&Rs recorded pursuant to Section 3.8 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to short-term rentals in that tract or planning area of the Project. -27- 197 5.3.1 Rental Management Program. Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement. 6. DEFAULT; REMEDIES; DISPUTE RESOLUTION. 6.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non -defaulting Parry shall have those rights and remedies provided herein, provided that such non -defaulting Party has first provided to the defaulting Parry a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Parry shall commence to cure, correct, or remedy such default within such thirty (30) day period, shall and continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 6.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred so to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 7. MORTGAGEE PROTECTION: CERTAIN RIGHTS OF CURE 7.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of -29- 199 trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. 8. MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: CM Wave Development LLC Attn: Stowell, Zeilenga, Ruth, Vaughn & Treiger, LLP With copies to: 4590 E. Thousand Oaks Blvd., Suite 100 Westlake Village, CA 91362 Attn: James D. Vaughn, Esq -30- 200 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause, or shall commence to run from the date such notice is subsequently given. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. -31- 201 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non -liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. -32- 202 8.11 Cooperation in Carrying Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.12 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Parry to certify in writing that, to the best knowledge of the certifying Parry, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or delayed. The City Manager, Assistant City Manager, and Development Director are each authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.14 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.16 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. -33- 203 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.18 Exhibits. Exhibits "A"-"H" to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows: A Legal Description of Site B Site Map C Project Design Features D. Mitigation Monitoring Program E. Conditions of Approval F. Compliance Certificate G. Chapter 3.25 of the La Quinta Municipal Code (as of Effective Date) H. Schedule of Performance 8.19 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) except for the threat of litigation from individuals and organizations who made comments on the EIR or otherwise exhausted their administrative remedies prior to the close of the public hearings on the Project Approvals, there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this -34- 204 Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Parry hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other parry that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the parry making such representations. (signatures on next page) -35- 205 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. "DEVELOPER" CM WAVE DEVELOPMENT, LLC, a Delaware limited liability company Its: "CITY" CITY OF LA QUINTA, a California municipal corporation By: Name Title: Jon McMillen City Manager ATTEST: -.Mom> Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney -36- 206 EXHIBIT "A" LEGAL DESCRIPTION OF SITE (Attached) [to be inserted] EXHIBIT "A" 207 EXHIBIT `B" SITE MAP (Attached) [to be inserted] EXHIBIT `B" M EXHIBIT "C" PROJECT DESIGN FEATURES (Attached) y EXHIBIT "C" 209 DRAFT PROJECT DESIGN FEATURES Coral Mountain Resort, La Quinta CA Exhibit C DRAFT Project Design Features Air Quality The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Commute Trip Reduction Program is a multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double - counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. Coral Mountain Resort Exhibit C 1 March 2022 210 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • This project will implement an employer -sponsored vanpool or shuttle. A vanpool will usually service employees' commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer -sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer's purview, and rider charges are normally set on the basis of vehicle and operating cost. • The project will design building shells and building components, such as windows; roof systems: • electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which results in 30% less energy for non-residential buildings and 53% less energy for residential use due to lighting upgrades • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on -site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to assure a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information • sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: Coral Mountain Resort Exhibit C 2 March 2022 211 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting include: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Greenhouse Gas Emissions The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail Coral Mountain Resort Exhibit C 3 March 2022 212 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Voluntary Commute Trip Reduction Program — A multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double -counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. • This project will implement an employer -sponsored vanpool or shuttle. A vanpool will usually service employees' commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer -sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer's purview, and rider charges are normally set on the basis of vehicle and operating cost. • The project will design building shells and building components, such as windows; roof systems: electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which are expected to result in 30% less energy use for non- residential buildings and 53% less energy use for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had Coral Mountain Resort Exhibit C 4 March 2022 213 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on -site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to provide a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important Coral Mountain Resort Exhibit C 5 March 2022 214 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Energy Resources See PDFs listed under Greenhouse Gas Emissions, above, as they are applicable to energy consumption. Energy -saving and sustainable design features, as well as operational programs would be incorporated. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. The project will require submittal to the appropriate agencies discussed in this section for review and approval of on -site design for circulation, building standards and utility installation. The following PDFs are part of the project; however, per the GHG Report, no numeric credit has been taken for their implementation in order to produce a conservative analysis: • Specified use of Energy Star appliances • Installation of water -efficient plumbing fixtures • Installation of tankless water heaters • Installation of light -emitting diode (LED) technology within homes • Use of recycled water (non -potable) for common area landscape irrigation • Use of drought -tolerant plants in landscape design • Installation of water -efficient irrigation systems with smart sensor controls • Installation of photovoltaic (PV) systems Noise Six -Foot Perimeter Wall to Reduce Arterial Roadway Noise A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area (PA II). The six-foot perimeter walls will be located adjacent to PA II in order to protect the proposed onsite residential uses from off -site traffic noise by implementing improvements that diminish noise levels. Perimeter walls will be developed along the southern and western property boundaries as a design requirement of the City. The Noise Study determined that the barriers shall provide a weight of at least four pounds per square foot of face area with no decorative cutouts or line -of -sight openings between shielded areas and the roadways. The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts shall not be made. All gaps (except Coral Mountain Resort Exhibit C 6 March 2022 215 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES for weep holes) should be filled with grout or caulking. Because this requirement was assumed in the Noise Study analysis, and to assure effective mitigation of noise from the project, Mitigation Measure N0I-5 is provided in Section 4.11, Noise, in the Draft EIR to assure the proper construction of perimeter walls. This project Development Agreement will ensure that the project design features and mitigation will be enforceable by the City. Public Services The proposed project will be required to comply with existing regulations and standards (identified in Section 4.12, Public Services, of the Draft EIR) to ensure that the project's potential impacts associated with public facilities and services related to fire and police emergency and non -emergency services, as well as impacts to schools, do not result in significant impacts. Typical for residential communities in the City of La Quinta, the project and residential areas shall be gated, thus increasing community security and minimizing potential crimes, and consistent with standard operations of resort communities, the proposed Hotel and Resort Amenities will incorporate private security services to maximize security of the overall project. Additionally, lighting features throughout the project will enhance security and maximize visibility within the project including streets, intersections, and other crosswalks. Transportation It Project Design Features (PDF) are incorporated that encourage the use of alternative transportation measures including pedestrian and bicycle travel. The project will include design elements such as sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and other physical variables that differentiate pedestrian - oriented environments from auto -oriented environments. The project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas interacting with residential and resort uses on -site. Project Design Features for VMT Reduction Transportation demand management (TDM) strategies were evaluated for the purpose of reducing VMT impacts determined to be potentially significant. Quantifying Greenhouse Gas Mitigation Measures, (CAPCOA) 2010 provides guidance for evaluating the potential reduction in VMT expected for individual measures. Coral Mountain Resort Exhibit C 7 March 2022 216 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES The project setting best reflects what CAPCOA refers to as a suburban place type because it is characterized by dispersed, low -density, single -use automobile dependent land use patterns. The maximum reduction expected when combining multiple mitigation strategies for the suburban place type is 10 percent and requires a project to contain a diverse land use mix, workforce housing, and project -specific transit, according to CAPCOA. The project incorporates design features and attributes promoting trip reduction. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. These features are considered after the VMT data is extracted from the traffic model. Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement, and are anticipated to collectively reduce project home -based VMT by approximately 6%. • The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non - auto modes of transport. For example, when residential areas are in the same neighborhood as commercial and resort land uses, a resident does not need to travel outside of the neighborhood to meet his/her recreational and retail needs. The project's mixed -use environment could provide for a potential reduction in project residential VMT of 3% according to CAPCOA guidance. • The project includes improved design elements to enhance walkability and connectivity. Recognized improved street network characteristics within the project include sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. The project provides a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project minimizes barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas resulting in interaction with residential and resort uses on -site. The project's implementation of this measure is anticipated to result in a potential reduction in project residential VMT of 2% according to CAPCOA guidance. • The project will implement marketing strategies to optimize on -site resort and residential uses. Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies may include: o Resident member benefits that include use of the resort amenities Coral Mountain Resort Exhibit C 8 March 2022 217 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES o Event promotions o Publications The project's implementation of this measure could provide for a potential reduction in project residential VMT of 1% according to CAPCOA guidance. Travel demand modeling of VMT for the project based upon City of La Quinta guidelines indicates a potential impact for residential uses while also indicating the project's non-residential uses do not exceed VMT thresholds. Project design features considered after the modeling process reduce residential VMT from 11.64 VMT / resident to 10.94 VMT per resident, which is less than the City's VMT residential threshold for a significant impact. The unique mixed -use characteristics of the project, combined with walkability and connectivity design elements, optimize on -site interaction and result in a lower VMT than standalone uses. Implementation of the previously stated project PDFs will reduce potential impacts to below the City's established threshold for a significant VMT impact, and therefore, the residential portion of the project would have a less than significant VMT impact. This project Development Agreement will ensure that the mitigation measures and project design features identified in the Draft EIR are enforceable by the City. qq ti Coral Mountain Resort Exhibit C 9 March 2022 218 EXHIBIT "D" MITIGATION MONITORING PROGRAM (Attached) [to be inserted] y EXHIBIT "D" 219 EXHIBIT ` E" CONDITIONS OF APPROVAL I (Attached) [to be inserted] EXHIBIT "E" 220 EXHIBIT "F" COMPLIANCE CERTIFICATE (CM Wave Development LLC, DEVELOPMENT AGREEMENT) The undersigned, CM Wave Development LLC, a Delaware limited liability company ("Developer"), pursuant to that certain Development Agreement dated , 2022, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City") by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT]. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CM Wave Development LLC, a Delaware limited liability company By: Its: By: Its: EXHIBIT "F" 221 EXHIBIT "G" CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) (Attached) [to be inserted] EXHIBIT "G" 222 EXHIBIT "H" SCHEDULE OF PERFORMANCE (Attached) y EXHIBIT "H" 223 CM Wave Development, LLC Performance Schedule — DRAFT — 3/10/2022 Project Component: Planning Area 1 (Corner Neighborhood Commercial): Phase 1 (approx. 8,000 sq. ft.) Phase 2 (approx. 11,000 sq. ft.) Phase 3 (approx. 41,000 sq. ft.) Planning Area 2 (Low -density Residential): Phase 1 (approx. 220 units) Phase 2 (approx. 250 units) Planning Area 3 (Tourist Commercial): Phase 1A (Wave Basin and first phase of hotel, resort residential, and estate lots) Phase 1B (Remaining hotel, resort residential) Planning Area 4 (Open Space): Start Completion* Within 36 months of 3 years after Start Date Vesting Date** By 300th Residential C-of-O 3 years after Start Date By 500th Residential C-of-O 3 years after Start Date Within 3 years of Completion of 7 years after Start Date Wave Basin and Resort Village Residential Units Within 3 years of Completion 7 years after Start Date of Phase 1 Within 3 years of Vesting Date 5 years after Start Date Within 5 years of first C-of-O in 5 years after Start Date Planning Area 3 N/A N/A *Completion defined as 70% of C-of-O's issued, and are the outside deadlines permissible under this Agreement, subject to the terms of this Agreement. However, if Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion as specified above, then such period shall be extended for 3 years. **Vesting Date is defined as the later of (i) the Effective Date of the Development Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines with no legal challenges or petitions having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City. 224 ATTACHMENT 3 Written Public Comment July 5, 2022 through September 15, 2022 225 Tania Flores From: Consulting Planner Sent: Thursday, July 7, 2022 4:34 PM To: Rick Roth; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro Cc: Tania Flores Subject: Re: Proposed surf park: info for City Council Mr. Roth, Thank you for your comments. We will include them with public comments when the Council hears the item again in September. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Rick Roth <ricodoco@gmail.com> Sent: Thursday, July 7, 2022 4:08 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Proposed surf park: info for City Council ** 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. ** Madam Mayor, Council Members, and Staff: I heard two speakers at your last special meeting refer to John Oliver's HBO show covering the water issue, but I had not seen it. I recommend it, because I learned several significant and imminent issues that pertain to the proposed La Quinta development. For your convenience, I'm providing the YouTube (safe) link: Water: Last Week Tonight with John Oliver (HBO) - YouTube: https://www.youtube.com/watch?v=otxew5XUVbQ You all expressed a desire to be well informed, so I'm responding. Rick 226 Tania Flores From: Consulting Planner Sent: Thursday, July 7, 2022 4:33 PM To: Kathy Weiss; Linda Evans; Danny Castro; John Pena; Robert Radi; Kathleen Fitzpatrick; dalekarent@aol.com Cc: Tania Flores Subject: Re: Desert Sun today -The Coachella Valley is getting hotter. How can cities address heat? Ms. Weiss, Thank you for your comments. We will include them with public comments when the Council hears the item again in September. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathy Weiss <kathy@crystalspringsranch.co> Sent: Thursday, July 7, 2022 2:29 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Linda Evans <Levans@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; dalekarent@aol.com <dalekarent@aol.com> Subject: Desert Sun today -The Coachella Valley is getting hotter. How can cities address heat? 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. Kathy D. Weiss, Owner/Director 970-309-7037 mobile kathy&crystalspringsranch.co Crystal Springs Ranch & Saddlery 1609 County Rd. 112 Carbondale, Co. 81623 (mailing & billing address for both) For Public record regarding water evaporation rate stats submitted in DEIR for CM Wave. Thank you, Kathy Weiss https://www.desertsun.com/story/news/2022/07/03/coachella-valley-getting-hotter-how-can-cities-address- heat/7611570001/?utm source=desertsun- HeadlinesfromCoachella&utm medium=email&utm campaign=baseline&utm term=hero&utm content=PPAS-1082DS- E-NLETTER25 227 With Coachella Valley summers getting hotter, how can cities address extreme heat? _. With climate change expected to push daily average high temperatures in the Coachella Valley up by to 14 degrees by the end of the centuryplanners in some Coachella Valley cities are looking for ways to protect residents from extreme heat events. It's part of a broader shift in local climate planning toward adaptation in addition to mitigation. While mitigation strategies aim to reduce greenhouse gas emissions to curb climate change, adaptation strategies make communities more resilient to the impacts of climate change. In the desert, where highs in the triple digits are common for half of the year, that could include prioritizing shade structures and trees, and improving awareness of extreme heat. Low-income people, older adults, infants and children, outdoor workers, and those with chronic health conditions are all particularly vulnerable to extreme heat. The number of extremely hot days per year is also projected to increase. A map released this week from the UCLA Luskin Center for Innovation and Public Health Alliance of Southern California projects that census tracts in the Coachella Valley will have more than 200 days a year above 90 degrees by the middle of this centur. More:Coachella Valley cooling centers open as excessive heat hits Palm Springs' draft Climate Action Roadmap, crafted in late 2021, notes the recent urgency of adapting to these increased temperatures and other impacts of climate change. 228 "One of the areas that the city has not focused attention on in the past is resiliency and climate adaptation," the document states. "With the immediate nature of many climate impacts, this must be moved to the forefront of thinking along with continued efforts to reduce greenhouse gasses that are the source of these impacts." Palm Springs Deputy City Manager Flinn Fagg emphasized the importance of mitigation. "The most important thing we can do (on extreme heat) is to mitigate the factors that lead to extreme heat, and that's the reduction of greenhouse gases. And we're making progress on that in terms of reducing our greenhouse gases and continuing to do things that will further reduce it to the state target," he said. "Looking beyond that, we're looking at some of the more practical things we can do relative to extreme heat." A recent analysis of municipal planning documents from 50 large U.S. cities found that 78% of climate action plans mentioned heat as a problem, but few included strategies to address it. Just a few years ago, a 2015 study of climate adaptation plans in the U.S. found that only 4% targeted extreme heat, although the more recent study warns that this "may signal that heat is a rising priority, but change over time is difficult to assess with certainty because few studies have examined heat specifically." Some large cities, like Phoenix and Los Angeles, have hired "heat officers" to guide city responses to extreme heat. Phoenix announced its first heat officer last year, who will lead the nation's first publicly funded office of heat response and mitigation. Los Angeles just appointed its first chief heat officer in earl, who is tasked with working across multiple city agencies to create a heat action plan. "I know that not every city, especially not smaller towns, can have a chief heat officer. But having somebody playing a coordinating role, or thinking about how there could be coordination across public health and land use is imperative because the two go hand in hand," said V. Kelly Turner, lead author of the study and co -director of the UCLA Luskin Center for Innovation. While the study found that "invocation of solutions" on heat was scant, cities that did include plans for addressing heat instead of just mentioning heat in their climate plans often framed these solutions in two separate strategies. One is planting trees, and the other is providing education or warning systems around heat. "Those are two separate clusters of things that cities are doing, and they're not doing them together... Heat is this really integrated problem, but it's being siloed in terms of how it's addressed, if it's addressed at all," said Turner. How cities can plan for extreme heat Kristina Dahl, principal climate scientist for the Union of Concerned Scientists, said that in addition to reducing greenhouse gas emissions, there are several recommended strategies to help residents cope with extreme heat, such as strengthening protections for outdoor workers and creating opportunities for members of other vulnerable groups to cool down. "We need to be looking at how we can best prepare particularly vulnerable communities, like elderly adults, like people of color who disproportionately live in urban areas where there's a lack of shade 229 trees, or people with lower incomes who may not be able to afford running their air conditioning or may not have functioning air conditioning," Dahl said. Improving awareness of extreme heat and providing more opportunities to col down, such as easily accessible cooling centers or distributing fans or air conditioning units to vulnerable residents, could help prevent heat -related illnesses among vulnerable populations, Dahl said. In the Coachella Valley, where extreme heat is not a new phenomenon, cool centers free public locations where residents can cool off in air-conditioning have long been operated by local municipalities and Riverside County. Cool centers serve as one important "stop gap" for protecting people from extreme heat, Turner said. But not everyone can drop what they're doing to go to a cool center during an extreme heat event. "The problem with cooling centers is that people have lives. We talk to folks who say, 'I know it's too hot, and I know I'm feeling sick, but I need to go to work, I need to take the bus because I don't have a car,' or they just can't stop their lives and go to a cooling center," she said. "So in addition to cooling centers, we need to think about how we can bring cooling to the people who are most vulnerable and don't have the luxury to go somewhere else." This could include having a "patchwork" of ways for people to stay cool, including providing air conditioning units or other cooling solutions for individual homes, which Turner said is particularly important in communities like the eastern Coachella Valley where many residents work outdoors and need air conditioning at home to cool their body temperatures down after work. Due to a lack of affordable housing, many low-income residents of the eastern Coachella Valley live in mobile home parks that often lack air conditioning, and also deal with extended power outages. How local cities are preparing In Coachella,the city is nearing completion of the Grapefruit Urban Greening and Connectivity Project, which added shade structures and 288 trees to Grapefruit Boulevard between Leoco Lane and 9th Street. The project is intended to make the thoroughfare more pedestrian- and bicycle -friendly by adding sidewalks and bicycle lanes, water fountains, benches, and the trees and shade structures to keep pedestrians and bicyclists cooler. Coachella's 2015 Climate Action Plan also outlined several potential strategies for reducing the heat island effect, which occurs in cities when dense concentrations of pavement and buildings absorb and retain heat. In addition to planting more shade trees, strategies in Coachella's 2015 Climate Action Plan included using light-colored cool pavement or permeable paving, light-colored cool roofs, and right - sized parking requirements, which aim to avoid larger -than -necessary asphalt parking lots. The city doesn't currently recommend or encourage cool roofs, according to Development Services Director Gabriel Perez, but does encourage developers to use permeable pavement, which has the added bonus of addressing stormwater issues. However, "many times developers or residents do not pursue permeable pavers due to higher construction costs, despite the benefits," according to Perez. 230 Coachella also encourages shade trees in new residential and commercial developments to reduce heat island effects. City staff encourage the use of shade trees while reviewing landscape plans for development projects, and various design guidelines encourage the use of shade trees. For example, the city's General Plan recommends that in single-family residential developments, "street trees should be planted approximately 30 to 40 feet apart — sometimes in uneven, naturalistic patterns — to provide a picturesque canopy to shade the yards and street while enhancing neighborhood character and identity." But without an ordinance in place requiring these standards, city staff can only "encourage" things like permeable pavement and shade trees by providing comments on a project, rather than mandating that a project includes them, according to Perez. On the other side of the valley, Palm Springs is also turning to shade trees and other strategies to address extreme heat. Recently, the city has "made progress on overall shading" due to changes to the architectural review criteria for projects, according to Fagg. Specific changes to the criteria adopted last year include requirements that "the shading for pedestrian facilities on the subject site or abutting public right(s)-of-way is adequate," and that the proposed landscape plan is consistent with the city's Water Efficient Landscape Ordinance, which could include drought -tolerant shade trees. "In Palm Springs, we've typically used palm trees as street trees, and palm trees just don't offer the type of shade that we really need," Fagg said. Within the next year, the city will consider further changes to landscaping requirements to make sure adequate shade trees are planted along sidewalks, on public stress, and on private property, "to make sure they're adequately shaded and to add to the pedestrian comfort to make it bearable to walk and do other things, in extreme conditions," Fagg said. City staff and the Sustainability Commission are also looking beyond trees, due to drought conditions, to permanent shade structures. Installing solar carports over parking lots has served as a "two -headed hammer," Fagg says, by both reducing greenhouse gas emissions and providing shade. Other strategies the city is considering on extreme heat include an improved emergency response plan for extreme heat events and providing opportunities for residents to improve their home insulation. Still, when cities consider extreme heat, trees are frequently the most cited strategy. The recent report analyzing city planning documents found "plans do not include a wide variety of interventions. Similar to other studies we found that one intervention trees was by far the most prevalent." While some Coachella Valley cities have already begun implementing heat strategies, others are just starting to consider the path forward. Turner said many cities are still considering the best path forward. "We're a little bit in the infancy in terms of managing heat. Cities are very much are in the experimental phase," she said. "We need to have goals. And we need to have metrics for evaluating how well we're doing on those goals. And then we need to give our decision -makers space to say, 'That didn't work, let's try something else." 231 Erin Rode covers the environment for the Desert Sun. Reach her at erin.rodekdesertsun.com or on Twitter at @RodeErin. Kathy Weiss Owner/Director Crystal Springs Ranch & Saddlery Carbondale, CO Crystal Springs West, Thermal, Ca. (970) 309-7037 kathy@crystalspringsranch.co 232 Tania Flores From: Kathleen Fitzpatrick Sent: Sunday, July 10, 2022 9:52 AM To: Consulting Planner Cc: Jon McMillen; Monika Radeva; Tania Flores Subject: Re: Please VOTE NO to surf insanity Follow Up Flag: Follow up Flag Status: Flagged Thanks! Kathleen Fitzpatrick Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 E: kfitzpatrick@laquintaca.gov www.laquintaca.gov www.playinlaquinta.com On Jul 10, 2022, at 9:24 AM, Consulting Planner <ConsultingPlanner@laquintaca.gov> wrote: No, I don't think we did. We will get it into the record. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Sent: Saturday, July 9, 2022 10:05 AM To: Jon McMillen <jmcmillen@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Subject: Fwd: Please VOTE NO to surf insanity Not sure if you rec'd this one. Kathleen Fitzpatrick Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 E: kfitzpatrick@laquintaca.gov www.laquintaca.gov www.r)lavinlaauinta.com i 233 Begin forwarded message: From: D B <daveburd@hotmail.com> Date: July 8, 2022 at 11:02:16 PM PDT To: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Subject: Please VOTE NO to surf insanity ** 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. ** Kathleen, The Coral Mountain surf park should not have gotten 10 seconds of consideration/debate. The developers' wasted time and expenses are not a concern of La Quinta taxpayers. I live in Cathedral City, but all of us in the Coachella Valley are going to equally pay the price despite invisible municipal lines when the last drop of pristine water is extracted from the aquifer and wasted on over -watering golf courses, lawns, sidewalks, windy days, etc. PLEASE be a critical -thinking public official and VOTE NO to absolute surf insanity in the desert. Dave Burd 234 Tania Flores From: Maureen Lunney <melunney@cogeco.ca> Sent: Sunday, July 10, 2022 12:37 PM To: Consulting Planner Subject: Objections to WAVE development in La Quinta To: Office of Consulting Planner From: Maureen E. Lunney B.Sc., D.V.M. 12 Meadowglen Circle Kemptville, ON, Canada KOG 110 I have stayed in La Quinta in January and February over many years with a good friend who lives in The Quarry. Her property is directly impacted by the proposed WAVE park. What makes this area so incredibly beautiful and an oasis of calm and healing would be ruined if you permit this development to proceed. There are many scientific reasons why noise and light pollution are a significant health risk to people and animals. Some citations are attached below. The crisis in mental health disease in adolescents can be linked to nighttime light levels. Noise and light pollution are linked to increases in depression, obesity, diabetes, and cancer in the general population. These same kinds of pollution are an increased stress on endangered species such as the Peninsular Desert Big Horn Sheep which is indigenous to the area around La Quinta. Then you must consider the drought and water crisis already affecting California. The access to and availability of fresh water is an increasing point of contention in many parts of the world. This kind of frivolous use of a scarce natural resource is repulsive. La Quinta is a beautiful and quiet haven for decompressing and relaxing for many people who own homes and for those of us who visit. Please keep it that way in the future. Sincerely, M.E. Lunney B.Sc., D.V.M. https://winapps.umt.edu/winapps/medial/wilderness/toolboxes/documents/sound/radle_effect_ noise —wild life. pdf https://scholar.google.ca/scholar_url?url=https://last.hit.bme.hu/download/AOAB/Infrahang_iro dalom/SciTotalEnviron2016_557- 558p163_Review_Infrasound_HealthIssues. pdf&hl=en&sa=X&ei=WyLLYo3rM4OTywTIsYroDg&sc isig=AAGBfm1UgQZpTgn9DL9BaJigOPCUDqI1Tw&oi=scholarr i 235 https://scholar.google.ca/scholar_url?url=https://www.researchgate.net/profile/Majid- Motamedzade/publication/325653433_Study_of_the_physiological_and_mental_h ealth_effects_c a u sed_by_exposu re_to_l ow- frequency_noise_in_a_simulated_control_room/links/5ba7565c92851ca9edlf4a29/Study-of-the- physiological-and-mental-health-effects-caused-by-exposure-to-low-frequency-noise-in-a- simulated-control- room.pdf&hl=en&sa=X&ei=WyLLYo3rM4OTywTIsYroDg&scisig=AAGBfm16T1AcsItcjmKgJI- f9zuHgDdBPw&oi=scholarr https://www. nih.gov/news-events/news-releases/outdoor-light-linked-teens-sleep-mental- health 236 Monday, July 11, 2022 at 09:56:09 Pacific Daylight Time Subject: (none) Date: Sunday, July 10, 2022 at 12:51:51 PM Pacific Daylight Time From: Maureen Lunney To: consultingplanner@laquintaca.gov To Consulting Planner: From: Dr. Maureen Lunney 12 Meadowglen Circle Kemptville, ON, Canada There are also considerable questions about the accuracy of the developers submissions concerning the actual noise and light pollution that will be produced. As well as the actual water use once filling, cleaning, and evaporation are examined. httpa:/Zacoustics.asn.au/conference_proceed ings/AAS2018/papers/p142.pdf https://www.desertsu n.com/story/opinion/contributors/valley-voice/2021/12/20/coachel la-valley-must-end- massive-water-wasting-surf-and-swim-proj ects/8928645002/ M.E. Lunney B.Sc., D.V.M. 23Tage 1 of 1 Tania Flores From: Kathy Weiss <kathy@crystalspringsranch.co> Sent: Sunday, July 10, 2022 3:42 PM To: Linda Evans; Robert Radi; John Pena; Kathleen Fitzpatrick; Danny Castro; Consulting Planner; Steve Sanchez; City Clerk Mail; sherry.barkas@thedesertsun.com; Cheri Flores; Planning WebMail Subject: Expert study on Wave Park Noise for proposed Australian Wave Park. i EXTERNAL: This message originated outside of the City of La 4uinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. La Quinta Government - Please read and submit for public record on CM Wave. https://acoustics.asn.au/conference proceed ings/AAS2018/papers/p142.pdf Thank you, Kathy Weiss 238 Tania Flores From: Consulting Planner Sent: Thursday, July 14, 2022 7:53 AM To: Kathy Weiss; Cheri Flores; Danny Castro Cc: Linda Evans; Kathleen Fitzpatrick; Robert Radi; John Pena; Steve Sanchez; Tania Flores Subject: Re: Kelly Slater Australia surf wave debacle Ms. Weiss, We will add this comment to the materials to be provided to the Council. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathy Weiss <kathy@crystalspringsranch.co> Sent: Wednesday, July 13, 2022 9:37 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Cc: Linda Evans <Levans@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Subject: Kelly Slater Australia surf wave debacle 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. httns: //beachL-rit.com/2022 /06/council-fires-back-at-developer-of-wsls-billion- dollar eco-resort-and-kelly-slater-wavepool-on-clueensland-flood- plain -to -say-that-the-prop osal- should-be-supported // Please submit for Public Record regarding CM Wave Park. The government is not buying their claim. Thank you, Kathy Weiss 239 Tania Flores From: Consulting Planner Sent: Friday, July 15, 2022 9:33 AM To: Karen Thomas; Linda Evans; kfitzpatric@laquintaca.gov; John Pena; Robert Radi; Steve Sanchez Cc: Cheri Flores; Tania Flores Subject: Re: Wildfires burn west of San Antonio, aquifer dips toward stage 4 water restrictions Follow Up Flag: Follow up Flag Status: Flagged Ms. Thomas, Thank you for your comments. We will provide them to the Council when they address the project again in September. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Karen Thomas <karenlsummerday@hotmail.com> Sent: Friday, July 15, 2022 9:00 AM To: Linda Evans <Levans@laquintaca.gov>; kfitzpatric@laquintaca.gov <kfitzpatric@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Cc: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Cheri Flores <clfIores@laquintaca.gov> Subject: Fw: Wildfires burn west of San Antonio, aquifer dips toward stage 4 water restrictions EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Good morning Madam Mayor and Councilmembers, I came upon this article yesterday and wanted to share this with your for your consideration when making your final decision regarding the Water Park. Something to think about regarding aquifers. Could this happen in La Quinta?? Wildfires burn west of San Antonio, aquifer dips toward stage 4 water restrictions https://www.tpr.org/environment/2022-07-14/wildfires-burn-west-of-sa n-a nton io-agu ifer-d ips-towa rd-stage-4-water- restrictions Respectfully, Karen Thomas La Quinta resident 240 Tania Flores From: Monika Radeva Sent: Monday, July 25, 2022 1:22 AM To: Consulting Planner; Tania Flores Cc: Cheri Flores; Monika Radeva Subject: Callimanis, Alena 2022-07-19 - Coral Mountain Comments Forwarding the comments below for the project file; although, they were submitted under the Rules of Procedure topic, Ms. Callimanis' comments reference the Coral Mountain Resort project as well. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laguintaca.gov From: Alena Callimanis <acallimanis@gmail.com> Sent: Tuesday, July 19, 2022 11:12 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov> Cc: Jon McMillen <jmcmillen@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Subject: Thank you for the excellent dialogue and a final comment on Revised Procedures EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. I want to thank you so much for the opportunity for the wonderful dialogue on the draft of the Amended and Restated Rules of Procedure. I would like to propose a recommended change in case of unforeseen circumstances or in case an expert cannot be available in person and their expertise is required to answer questions from the Council. I would like to use as a model what is being implemented for the City Council, and that can leverage the same teleconference ability that the auditor used this evening to review the Financial Audit. For example, a week before the meeting, someone would contact the City Staff or directly the Council copying the staff, to request the expert would be given the opportunity to present remotely. The reasons would be given to the Council and Staff, and the Council would vote, by simple majority, whether, based on the circumstances, the expert would be allowed to present via teleconference. The dialogue tonight showed me the value of being in person. However, the developer stated on July 5 that they will bring back significant new information that should mitigate neighbor concerns. We may be forced to go out of the area to get an expert to review the applicant's information. The applicant is working with so many local experts and due to conflict of interest, we may not get a local company who can work with us. Just as you know I oppose the Wave Park, I know that the staff report will include the recommendation to approve all the measures. So if you truly believe in a level playing field, we may need to have the flexibility to use teleconferencing to present to you the opposing viewpoint. We must get any new information from the applicant as soon as possible after August 15 or when staff gets the new information. If it is significant new information, and we don't get the information until the Thursday before the City Council 241 meeting, there may not be enough time that we, as lay people, try to digest the new information and act on it. We hope you considere this request. Respectfully, Alena Alena Callimanis 81469 Rustic Canyon Dr. La Quinta, CA 92253 919 606-6164 242 Tania Flores From: Consulting Planner Sent: Sunday, July 24, 2022 10:30 AM To: Kathy Weiss Cc: Sheila Warren; sherry.barkas@thedesertsun.com; John Pena; RFBAEZ7@gmail.com; Diane Rebryna; Carolyn Winnor (cwinnor@dc.rr.com); Linda Evans; Danny Castro; Wendy Clarke ; Kathleen Fitzpatrick; Robert Radi; Steve Sanchez; dalekarent@aol.com; City Clerk Mail; acallimanis@gmail.com; Harvey Reed; chriszla@hotmail.com; Tania Flores Subject: Re: Desert Sun /23/22-Quote taken from Article on Prop 30 Ms. Weiss, Thank you for your comments. We will provide them to the Council when they meet in September. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathy Weiss <kathy@crystalspringsranch.co> Sent: Saturday, July 23, 2022 5:59 PM Cc: Sheila Warren <sheilawarren25@yahoo.com>; sherry.barkas@thedesertsun.com <sherry.barkas@thedesertsun.com>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; RFBAEZ7@gmail.com <rfbaez7@gmail.com>; Diane Rebryna <drebryna@telusplanet. net>; Carolyn Winnor (cwinnor@dc.rr.com) <cwinnor@dc.rr.com>; Linda Evans <Levans@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; Wendy Clarke <clarkewendyl@gmail.com>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; dalekarent@aol.com <dalekarent@aol.com>; City Clerk Mail <CityClerkMail@laquintaca.gov>; acallimanis@gmail.com <acallimanis@gmail.com>; Harvey Reed <hreed @dc.rr.com>; chriszla@hotmail.com <chriszla@hotmail.com> Subject: Desert Sun /23/22-Quote taken from Article on Prop 30 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. This is 27.5 years away..... almost same timeline Coral Mountain (if approved) should be 20-50% done: "Combating climate change is both a universal and a generational issue. As Jose's doctor said, he is not alone: UNICEF predicts that by 2050, air pollution will be the leading cause of child mortality worldwide. In the United States, it's Californian children who are at greatest risk. This November, California must vote for Prop. 30, a transformative, lifesaving, equitable investment in a livable environment. " Kathy D. Weiss i 243 970-309-7037 kathy crystalspringsranch.co Summer Residence 1609 CR 112, Carbondale, CO 81623 Winter Residence.• 58617 Quarry Ranch Rd, La Quinta, CA 92253 244 Tania Flores From: Consulting Planner Sent: Monday, August 1, 2022 8:27 AM To: Kathy Weiss; Linda Evans; Robert Radi; Danny Castro; Steve Sanchez; City Clerk Mail; Kathleen Fitzpatrick; dalekarent@aol.com Cc: Tania Flores Subject: Re: California official's resignation signals chaos as states grapple with dwindling Colorado River OutThere Colorado Ms. Weiss, Thank you for your comments. We will provide them to the Council when the item goes back to them in September. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathy Weiss <kathy@crystalspringsranch.co> Sent: Sunday, July 31, 2022 12:34 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; City Clerk Mail <CityClerkMail@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; dalekarent@aol.com <dalekarent@aol.com> Subject: California official's resignation signals chaos as states grapple with dwindling Colorado River I OutThere Colorado 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. # Please submit under public comments for the Wave project. Wkdgn#1 rx/ Ndvk I W hlvv Od#P xJq-,Ad/'dl https://www.outtherecolorado.com/content/tncros/live/ California official's resignation signals chaos as states grapple with dwindling Colorado River 245 246 Elk Creek Marina on Blue Mesa Reservoir sits empty early in June. For the second season in a row, the government has ordered the marina to be closed due potential pulls from the reservoir to that would help maintain water levels at Lake Powell. The longest -serving member of the California State Water Resources Board has resigned his post, but not before noting the "dark and uncertain times" ahead as states, including Colorado, grapple with dramatically dwindling water supply from the Colorado River. The resignation letter from Max Gomberg, who had served on the California State Water Resources Board since January 2012, sharply points to similar problems in the six other Colorado River Basin states that rely on the river to quench the thirst of their residents and industries. Notably, Gomberg blamed California Gov. Gavin Newsom and his fellow board members for their reluctance to embrace what he considers to be necessary action to confront the West's water and climate crisis. Gomberg's remarks on conservation and his state's reluctance to take action reinforce the magnitude of problems facing the seven states of the Colorado River as they try to meet a mid -August requirement to come up with a plan to conserve 2 million to 4 million acre-feet of water in the coming year. Colorado River basin farms stunted by me aught, as more sacrifice lies ahead That requirement was announced by Bureau of Reclamation Commissioner Camille Touton in a June 14 hearing with the U.S. Senate Committee on Energy and Natural Resources. Touton said if the seven states, which include California, Colorado and Arizona, did not come up with a plan, the bureau would do everything to "protect the system," which probably means the federal government would impose its own solutions on the states. Touton's announcement caught some by surprise, and the basin states, which otherwise had cooperated in the past in taking significant and often painful actions to conserve water, appear less inclined to play nice this time around. In an interview with the Los Angeles Times, Gomberg said he encountered resistance to numerous proposals, such as ways to bolster water conservation, as well as new water agency permit requirements on climate preparedness and climate requirements to "strengthen water regulation and management." Gomberg also said California has been too slow and cautious in adopting conservation measures, failed to revamp what he deems to be an excessive two -decade time frame on groundwater regulation, and supported the "perpetuation of status quo power structures," arguing that local groundwater agencies are dominated by irrigation districts and agricultural interests, according to the Times. He also accused Newsom's administration of failing to address inequities in the water rights system. States mull unpleasant options as feds demand huge cuts on Colorado River "The people in charge of those agencies have the least incentive to move quickly," Gomberg reportedly said. "They fully intend to run out the clock and fight any state attempt to come in and get into their business." The challenges Gomberg highlighted are playing out across the West. 247 On July 18, the four Upper Basin states Colorado, Wyoming, Utah and New Mexico sent a letter to the Bureau of Reclamation with a five -point plan for addressing dwindling water levels. At the same time, Colorado said it had already done its part to conserve and that it is now up to the Lower Basin states Nevada, Arizona and Southern California to come up with the water needed to preserve hydropower at both the Glen Canyon Dam, on Lake Powell, and Hoover Dam, on Lake Mead. But even the combined annual water allocation of the Lower Basin states won't be sufficient to allow them to forgo 4 million acre-feet of water. "I think that at this point, we stand ready to hear what the Lower Basin has in mind," said Amy Ostdiek, a section chief with the Colorado Water Conservation Board. Colorado tells Lower Basin states: Cut your water use to meet federal demand to conserve Ostdiek, who is head of the Interstate, Federal and Water Information Section, told The Gazette in early July that the Upper Basin states already dramatically reduced their water use in 2021 because of drought conditions. Specifically, they cut 1 million acre-feet in use in 2021 compared to 2020, bringing it down to 3.5 million acre-feet, she said. But, Ostdiek maintained, total water use in the Lower Basin has not been cut enough to preserve levels in the lakes at the same time. That 1 million acre-foot savings claim is now being challenged. Colorado Water Plan gets $17 million boost from state oil and gas revenues Three water experts John Fleck of the University of New Mexico; Eric Kuhn, formerly the executive director of the Colorado River Conservation District; and Jack Schmidt of Utah State University recently crunched some of the data, and concluded that claim is dubious. The trio recently wrote that "as stakeholders negotiate the current crisis on the Colorado River, we believe the representatives of the states of the Upper Basin our states are making a dangerous argument." That argument is simple, they said. "The Upper Basin states argue that their part of the watershed already routinely suffers water supply shortages in dry years. Without the luxury of large reservoir storage along the rim of the watershed that might store excess runoff in wet years and supplement supplies in dry years, the argument goes, the Upper Basin is limited by the actual mountain snowpack in any given year," they said, adding what that means allegedly is using less water. But that argument is not backed by the Bureau of Reclamation's Consumptive Uses and Losses reports, they wrote. In fact, in dry years, the Upper Basin states actually use more water than in wet years, based on the data, and much of that additional use is in agriculture: • In the five driest years (2002, 2012, 2013, 2018, 2020), the average use was 4.06 million acre-feet per year. • In the five wettest years (2005, 2008, 2011, 2017, 2019), the average use was 4.01 million acre-feet per year. They warned that Lower Basin interests are perfectly capable of doing the same math. Colorado River strain casts shadow over recreation The Colorado River Compact of 1922 optimistically forecast 15 million acre-feet of water would be available annually, divided equally between the Upper and Lower Basin states. But over the past 20 years, drought and climate change has now reduced that flow to 12.3 million acre-feet annually. The seven states have largely worked collaboratively in the past decade, coming up with a drought contingency plan in 2019, for example. Late last year, that plan resulted in drawdowns of water from the Aspinall Unit at Blue Mesa Reservoir in Gunnison County, Navajo Reservoir in southwestern Colorado and the Flaming Gorge Reservoir in Utah in order to keep Lake Powell's water levels high enough to generate hydropower. It hasn't been enough. Lake Powell now sits at just 48 feet above its most dangerous point, where it would be forced to shut down its hydropower, which could take place as soon as 2024. Hence, the requirement for massive conservation and the fear of cuts in water availability all over the Southwest. Water experts, such as Kuhn, now question whether that spirit of cooperation, which began with the 1922 compact and has kept the seven states at the negotiating table for 100 years, will hold as states face the deadline outlined by Touton, as well as negotiations over river guidelines that are due to expire in 2026. Kuhn had suggested during a June 16 conference that the compact is based on a river that "no longer exists." At the conference, Tanya Trujillo, the assistant secretary for water and science at the Department of Interior, said the department doesn't have a recipe for how to come up with the 2 million to 4 million acre-feet. Wet July around Colorado Springs highlighted by record rain; is it part of a future change? "We're going to have to be very creative in developing a large list of potential options," Trujillo said. "We're going to be doing things we've never done before." When the University of New Mexico's Fleck asked if the notion of collaborative governance on the river been oversold, Trujillo replied, "I don't know that we can blame the current governance process for the current hydrology." She added: "I don't want us to be in a chaos category." Kathy Weiss Owner/Director Crystal Springs Ranch & Saddlery Carbondale, CO Crystal Springs West, Thermal, Ca. (970) 309-7037 kathy@crystalspringsranch.co 249 Tania Flores From: Cheri Flores Sent: Wednesday, August 3, 2022 12:34 PM To: Consulting Planner Cc: Tania Flores; Monika Radeva Subject: FW: COMMENTS: Proposed Surf Park - JEFF WELSHANS Follow Up Flag: Follow up Flag Status: Flagged Cheri Flores I Planning Manager Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 - Ph. (760)777-7067 CLFlores@LaQuintaCA.gov www.LaQuintaCA.gov From: Teresa Thompson <Tthompson@laquintaca.gov> Sent: Wednesday, August 3, 2022 12:33 PM To: Monika Radeva <mradeva@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov> Subject: COMMENTS: Proposed Surf Park - JEFF WELSHANS Teresa Thompson I Management Specialist City Manager's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7030 www.laguintaca.gov www.laguintaca.ciov/covidl9 www.playiniaguinta.com As always you can find a full list of resources and information by visiting www.laguintaca.gov i 250 From: Jeff Welshans <iwchampion2020@gmail.com> Sent: Wednesday, August 3, 2022 12:12 PM To: Council <Council@lag uintaca.gov>; lindaevans@laquintsca.gov Subject: Fwd: Proposed Surf Park 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. ---------- Forwarded message --------- From: Jeff Welshans <iwchampion2020@gmail.com> Date: Wed, Aug 3, 2022, 11:55 AM Subject: Proposed Surf Park To: <council@laguinta.gov> Dear Comrades, As a forty year resident of the Coachella Valley I must strongly oppose subject project I submit the project is unsustainable both environmentally and economically 1.) The massive amounts of H2O & electricity to operate such a facility would require more capital expenditure than the projected business model could theoretically provide 2.) Therefore the business model is inherently flawed 3.) The extreme summer heat would require even more power drain on local infrastructure to cool this exceedingly large body of water 4.) The disruption of the local neighbors quality of life due to traffic, noise and 40 ft high light towers are grave concerns as well Please consider the above testimony as you deliberate this absurd proposed project. Best regards, Jeffery Welshans San Diego St University Palm Springs Friends of the Mountains Sierra Club Supporter Sea Shepherd Member #1918 z 251 RECEIVED RMOTZ—RUSIN AUG s aozz ,NSU,A,C, AGENCY MOFLkQM OES�I AIO 0lY90PNBR DkPAR1N941 Dear City fiou rncil, Winston Churchill said. "A lie is halfway around thewoad before truth puts its pants on That's how I. felt when watching people testify' befare tha Clty Council about the Coral Mountain Project. The facts are what's important. , • The Coachella Valley Water Distrir*t,report Confirmed thbt this project Mill not put the Coachella Valley at risk regardless of being in a drouot: + The indopen dent ElR-confirmed that the project wfll not need to use drinking water for the wave basin which will not detract'frorn the; drinking wmer supply for residents of la Quinta or the Coachella Valley. * Golf courses use MORE water than'the wave basin will. Additionally, the Exit studied both noise and lighting issues' and determined that.there was no significant Impact on surrounding.ccmmunities. I urge the Council to approve the Coral Mountain project. 252 Tania Flores From: Corlsultirig Planner Sent: Wednesday, August 10, 2022 5; I6 PM To: Kathy Weiss Cc: John Gamlin; Garrett Simon (gsimonmeriwetherco.corn); Linda Evans; John Pena; Robert Radi; Steve Sanchez, Kathleen Fitzpatrick; jbeegle@cvindependent.com, desertsun_cornietters thedesertsun.com; Harvey Reed; Tania Flores Subject: Re: Colo River Basin funding M5. Weiss, e will includethe article in the materials provided to Council in September, (Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathy Weiss <kathyPcrystalspringsranch.co> Sent: Wednesday, August 10, 2022 9:54 AM Cc: John Gamlin cjgamlin@coraimountain,com>; Garrett Simon (gsimcn@meriwetherco.com) <gsimon@meriwetherco.eorn>; Linda Evans <Levans@iaquintaca,gov>; Consulting Planner <ConsultingPlanner@laquintaca,gov>; John Pena <ipena@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve 5anchea <ssanchez u@laquintata_gov>; Kathleen Fitzpatrick <kfitzpatrick laquintaca.gov>; jboegle@cvindependent.com <jhaegle@cvindependent.eam>; desertsun.comietters@thedesertsun.com<desertsun.cornietters@thedesertsun.com>; Harvey Reed <hreed [7a dc.rr.com> Subject: Colo River Basin funding EXTERNAL: This message originated Outside of the City of La Ctuinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information, him colaradosun,coml?D221D8 09Jin#iatian-re uctian-act-4�t iIlion-ca_Iarado-r*ver-basin-draught-., water Please submit article for Public Record. Thank you, K Kathy D. Weiss 970-309-7037 kath C[ cWtal;springsranch.co Summer Residence 1609 CR 112, Carbondale, CO 81623 Winter Residence 58617 Quarry Ranch Rd, La (uinta, CA 92253 Shared via the Google app 253 Tania Flores From: (Cathy Weiss <kathyn@crystalspringsranch-cc > Sent: Sunday, August 14, 2022 137 PN1 Subject: Sooner than Jater._.. Follow up Flag: Follow up Flag Status: Completed EXTERNAL: ThPs message originated outside of the City of La Quinta. Please use proper judgernent and caution when Opening attachments, clicking links or responding to requests far information. htt s www. herecolorado,corn news basin- ates-unlikeiv-to-met-f exert -deadline -to -draft -plan -to- save-cclorado-river-reservoirs articl'e 9fg2r, 2al-1a2f3-57c2-8b25- 6e262503a7.h mJ? rn source=Master&utm cam aign=0b2baQ712#- Dail +Newsletter COPY 1 m medIurn=email&utm t r =0 b88b5f678d-Ob ba 7121- 17I568486 Kathy D. Weiss, Owner/director 970-309-7037 mobile kathy&c€� sr talspringsra c .co Crystal Springs Ranch & Saddlery 1609 County Rd. 112 Carbondale, Co. 81623 (mailing & billing address for both) Crystal Springs West 83855 66" Ave. Thermal, Ca. 92274 254 Tania Flores From: Consulting Planner Sent: Tuesday, August 16, 2022 10:57 AM To: Deborah Daly Cc: Tania Flores Subject: Re: Coral Mountain Resort DEIR Ms. Daly, Thank you for your comments. We will provide them to the City Council as part of the packet they receive prior to their meeting on the project on September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Deborah Daly <ddaly7l@sbcgloba1.net> Sent: Monday, August 15, 2022 3:37 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Subject: Fwd: Coral Mountain Resort DEIR 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. Sent from my iPad Begin forwarded message: From: Deborah Daly <ddaly7l@sbcgloba1.net> Date: August 15, 2022 at 3:35:49 PM PDT To: consultingplanner@laquinta.gov Subject: Coral Mountain Resort DEIR I have done research about this project and spent Christmas with one of the people working with the city about the surf lagoon. My conclusions: 1.The only thing that the person I talked to said about it was basically - "It'll be awesome, dude." Not very professional. 2.The only economic benefit La Quinta will get is the tax revenue which will not even make a dent in the increased expenses to the town and county for dealing with this development if and when it is completed. 3. Which leads me to, will this even ever get completed with all the beneficial parts, or will La Quinta get stuck with an amusement park with a giant wave lagoon and a hotel that won't be a luxury hotel. Anyone who is willing to pay for luxury facilities to go surfing will go to a real ocean and surf. This is a cheap knock off and laughable. How many more variations of a hotel does the Coachella Valley need? It's overbuilt and the people who have to go to a fake ocean will rent cheaper Air BnBs, not a luxury hotel. 255 4. Millennials and Gen Z people aren't stupid, they come to the Desert for food, hiking, drinks and interesting experiences AND Coachella. No one is asking for water activities here, because DUH - they come here because it's a DESERT. 5.This business plan is pathetic, it is a problem looking for a solution. How many people at these companies will stay around - not Kelly Slater, they get paid for their lagoon and they are gone. Meriwether is in CO. Their biggest commitment to SoCal is a rented office space on Wiltshire in Santa Monica!! Really!?! They'll do their Venture Capital thing, skim the upfront profits and book by selling it to who? A hotel chain, and not a luxury hotel chain. Don't be a mark, a rube or waste LaQuinta's resources, both financial and natural, on this circus. And, where is the city, county and chamber of commerce actually asking Gen Z and Millenials about their interest in this - and when you do, include how much they are going to get gouged to go there. Then there is Disney's new development- who's going to spend half a million and up for a home at Coral Mountain with it's wave machine, when they can get a much better quality place that isn't 45 minutes to the airport? Sent from my iPad 256 Tania Flores From: Cheri Flores Sent: Monday, August 22, 2022 8:47 AM To: Tania Flores Subject: FW: Thank you: Callimanis, Alena 2022-08-16 Public Comments Here's this email chain if you don't have. 4Qj Cheri Flores I Planning Manager Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. (760)777-7067 CLFlores@LaQuintaCA.gov www.LaQuintaCA.gov From: Alena Callimanis <acallimanis@gmail.com> Sent: Thursday, August 18, 2022 3:55 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Cc: Monika Radeva <mradeva@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Laurie McGinley <Imcginley@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Thank you: Callimanis, Alena 2022-08-16 Public Comments 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. Thanks and sorry it was a duplicate request. I will try not to hold my breath until next week! Alena Callimanis On Aug 18, 2022, at 11:54 AM, Consulting Planner <ConsultingPlanner@laquintaca.gov> wrote: Ms. Callimanis, As I wrote to your attorney yesterday, the applicant has submitted materials, which staff is currently reviewing. When we have completed our review, the materials will be posted on the City's website, and we will send an email to all who responded to the Draft EIR. You will be one of those receiving the email. I do not have a date when our review will be complete, but I would expect it to be some time next week. Nicole Sauviat Criste 257 Consulting Planner City of La Quinta From: Monika Radeva <mradeva@laquintaca.gov> Sent: Thursday, August 18, 2022 11:49 AM To: Alena Callimanis <acallimanis@gmail.com>; Jon McMillen <imcmillen@laquintaca.gov> Cc: Consulting Planner <ConsultingPlanner@ lag uintaca.gov>; Laurie McGinley <Imcginley@lag uintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Cheri Flores <clflores@lag uintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Callimanis, Alena 2022-08-16 Public Comments Good morning Alena, Submittal of public comments should follow the City's established process for such by emailing them toCityClerkMail@LaQuintaCA.gov or dropping off printed copies at La Quinta City Hall. If emailed, public comments related to the Coral Mountain Resort project should also include a copy to the City's Planning Division staff: ConsultingPlanner@LaQuintaCA.gov, CLFlores@LaQuintaCA.gov, and TFlores@LaQuintaCA.gov. If public comments related to an item scheduled for consideration on the agenda are received timely, prior to the publication of the agenda packet for a public meeting, they will be included in the published agenda packet. If public comments are not received timely before the agenda packet is published, they will be disseminated to Council and the public as "written comments" prior to the commencement of the public meeting and will be incorporated into the final record of the public meeting. I am copying the City's Planning Consultant, Nicole Criste, to this email correspondence, so she can provide direction with regards to the supplemental documents provided by the applicant regarding the Coral Mountain Resort project. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laquintaca.gov From: Alena Callimanis <acallimanis@gmail.com> Sent: Tuesday, August 16, 2022 5:55 PM To: Jon McMillen <Imcmillen@laquintaca.gov> Cc: Monika Radeva <mradeva@laquintaca.gov> Subject: Jon and Monika, any advice, as Council Member Sanchez requested: La Quinta, CA: City Council Meeting 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. Hi, folks! I am sorry I am getting anxious! Any thoughts on my note below? 258 I appreciate it! Alena Callimanis 81469 Rustic Canyon Dr. La Quinta, CA 92253 919 606-6164 Begin forwarded message: From: Alena Callimanis <acallimanis(a)_gmail.com> Subject: Jon, as Council Member Sanchez requested: La Quinta, CA: City Council Meeting - CANCELLED Date: August 11, 2022 at 11:33:25 PM PDT To: Jon McMillen <Imcmillen(a)Iaguintaca.gov> Hi, Jon. In our first discussion with the Council on meeting protocol, Council Member Sanchez asked for us to provide information ahead of time so the Council has the opportunity to see information from our experts so they can determine questions of the developer that might be required. With the next City Council meeting on September 20, how can we send information to the City Council members ahead of time if they are out? Do we drop off hard copy information at City Hall? Will they check emails all along? Please advise as how we can ensure we get information ahead of time to the Council. I don't want them to receive our information in the information packet on Thursday or Friday before the meeting, especially considering there are two City Council meetings in a row. And I suspect the content for Coral Mountain will again be over a thousand pages. In addition, in the discussions on level playing field, we did ask that we receive the information that is going from the developer to the Staff on August 15 as soon as possible on or after August 15. 1 would appreciate your help to get that to us as soon as possible so we can get qualified experts to review the information. Thank you. Respectfully, Alena Callimanis 81469 Rustic Canyon Dr La Quinta, CA 92253 919 606-6164 acallimanis@gmail.com Begin forwarded message: From: City of La Quinta, CA <laquinta enotify.visioninternet.com> Subject: La Quinta, CA: City Council Meeting - CANCELLED Date: August 10, 2022 at 5:45:54 PM PDT To: acallimanis(cr�.gmail.com Reply -To: lag uinta(Qenotify.visioninternet.corn City Council Meeting - CANCELLED 259 • Date: 08/16/2022 3:00 PM • Location: City Hall 78495 Calle Tampico La Quinta, California 92253 NOTICE IS HEREBY GIVEN that the La Quinta City Council regular meetings of August 16 and September 6, 2022, have been cancelled. The next regular meeting of the City Council will be held on Tuesday, September 20, 2022, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, California 92253. CLICK HERE TO VIEW THE CANCELLATION NOTICE IN PDF. FORMAT. Having trouble viewing this email? View on the website instead. Change your eNotification preference. Unsubscribe from all La Quinta, CA eNotifications. 260 Tania Flores From: Consulting Planner Sent: Tuesday, August 23, 2022 9:29 AM To: Tania Flores Cc: Cheri Flores Subject: Fw: Surf Park.docx Attachments: Surf Park.docx Tania, Also for the record from Councilwoman Fitzpatrick. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Sent: Tuesday, August 23, 2022 9:05 AM To: Jon McMillen <jmcmillen@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov> Subject: Fwd: Surf Park.docx It doesn't look as though any of you received this. Kathleen Fitzpatrick Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 E: kfitzpatrick@laquintaca.gov www.laquintaca.gov www.playinlaquinta.com Begin forwarded message: From: Ken Jackson <cageyjackson@gmail.com> Date: August 22, 2022 at 8:23:36 PM PDT To: Linda Evans <Levans@laquintaca.gov>, Robert Radi <Rradi@laquintaca.gov>, Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>, John Pena <jpena@laquintaca.gov>, Steve Sanchez <ssanchez@laquintaca.gov> Subject: Surf Park.docx ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** 1 261 An opinion from Kerry Berman; Thanks for your time, KG Jackson 53250 Avenida Herrera La Quinta, Ca. Sent from my Wad d 262 Kerry Berman 38982 Narcissus Dr., Palm Desert, CA 92211 kerry@kerryberman.com 805-298-4040 July 22, 2022 Re: Surf Park Dear La Quinta City Council Members, In the 1970's I was the youngest real estate broker / owner in the Coachella Valley. Over the past 50 years I can't tell you how much I respected, admired, and appreciated what the developers and builders have contributed to our beautiful communities. The need for a solid economic foundation (housing, commercial, hotels, etc.) is critical for a healthy and sustainability desert environment. The Sonoran Desert is the most biologically diverse eco system in the world. A pretty special and unique place to say the least. Without proper stewardship it can easily be destroyed. Many of us are not so concerned for our quality of life here and now, but for our children and our children's, children. Nationwide we are all aware of the importance of proper water conservation. Our state in particular has mandated reduction of water use, especially here in the desert. We are some of the largest users of water in California, and drafting from our already over drafted aquifer puts us in serious danger which I will mention later. We are experiencing the worst mega draught in 1200 years. We have approximately 123 golf courses and about 70 of them draft directly from the aquifer using about one -thousand -acre feet a year. That's approximately 326,000,000 gallons of water times seventy. We have tens of thousands of pools (approximately 10,000-12,000 gallons per pool). Water features at almost every country club and gate guarded community. Visitors come here and spend billions of dollars to enjoy their vacation and shouldn't be expected to make water conservation a top priority like those of us who live here do. Let's look at some important local facts: 1) We get our water from the Colorado river that helps us maintain the level of our aquifer. (underground water supply) 2) Without the Colorado River we overdraft (take more out then goes in) our aquifer ( approximately 15-30% more then comes from natural sources) which is not sustainable. 3) Lake Mead & Lake Powell are almost at their lowest levels since they were created. 4) Without the Colorado River water we would not be able to exist here. 5) When more water comes out then goes into the aquifer the ground sinks, (subsides) as it has gone down as much Two feet in some areas in the east valley. (you can check with USGS or CVWD) 6) We are on the verge of experiencing the worst ecological disaster in California history at the Salton Sea 7) The three major concerns: Health, Environment, and Economic. 8) In 2018 the water transfer to San Diego has compelled water districts to pay farmers to fallow their land. Agricultural runoff was the main supplier of water to maintain the Salton Sea since 1907. 9) The sea is evaporating / receding at approximately one -million -acre feet per year, faster than ever before. 10) The water districts are between a rock and hard spot trying to accommodate all current & future users. 11) Without water for necessities (drinking, washing, cleaning, farming) it doesn't matter how much potential revenue you anticipate, there will be nobody who could live here to contribute. 263 In closing I want to thank you for your time and consideration and acknowledge and appreciate the time, money, and effort both sides have invested in this life changing decision. My last question: Is the surf park a necessity and good for the future of our valley? Very Truly Yours, Kerry Berman Real Estate Broker (License 1662) Certified Interpretive Guide Conservation Ambassador 264 Tania Flores From: Consulting Planner Sent: Tuesday, August 23, 2022 9:26 AM To: Tania Flores Cc: Cheri Flores Subject: Fw: Water use restrictions vs. wave park Tania, See below for Coral Mountain public comment. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Sent: Tuesday, August 23, 2022 9:06 AM To: Jon McMillen <jmcmillen@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Subject: Fwd: Water use restrictions vs. wave park For the record Kathleen Fitzpatrick Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 E: kfitzpatrick@laquintaca.gov www.laquintaca.gov www.playinlaquinta.com Begin forwarded message: From: Ken Jackson <kgandtheshakers@icloud.com> Date: August 22, 2022 at 8:13:18 PM PDT To: Linda Evans <Levans@laquintaca.gov>, Robert Radi <Rradi@laquintaca.gov>, Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>, John Pena <jpena@laquintaca.gov>, Steve Sanchez <ssanchez@laquintaca.gov> Subject: Water use restrictions vs. wave park ** 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. ** 265 Really kind of says it all. 266 TP Fzk0� cVWD.ORG ater is our promise._ d prornese es su 69ua Water -Use Restrictions & DROUGHT PENALTIES As the California drought continLlM the state adapted emergency water eonservation regulations on MT3y 24 to ensure a mare aggressive VPrnach to reduce pveTaII water rrse by 18?L Details about water restrktinns, drauot penalties and water Mnserva#ion programs are listed inside. Restr9cciones de consumo del agua Y MULTAS POR SEQUIA Debido a We la 5equia de CaIll orrliEl comlnua. el estado ado gc�ta1 uIaciones de ccnservac16n dei agua de emergenc,a el 24 dertayo rP iB airs enrogUe m6s energiCo pars Teducir el cansumo general del agua en ur, 15%. Denbo ertContraArCOTI er�af onrdel aguade�l o consumo del agua. Y P 9rars�as pdrd W 267 I know you all are very busy but I am sure you've seen through the many different sources available to us that it really looks like most of the world is experiencing drought. Climate induced extreme weather incidents are happening all over. Now is not the time, nor will it be for maybe hundreds of years or more, to use our most precious resource of water for frivolous entertainment and corporate profit. While our state, our country, and the world struggles with an ever worsening shortage of water and rising temperatures do we want our message to the world to be, "Screw all of you. We're surfing in the desert." Do you want your names on that message to the masses? I would not. Sent from my iPhonetJ' Tania Flores From: Consulting Planner Sent: Thursday, August 25, 2022 6:41 AM To: Tania Flores Subject: Fw: Coral Mountain Resort Project - Applicant -supplied materials for City Council meeting of 9/21/22 Nicole Sauviat Criste Consulting Planner City of La Quinta From: George Koenig <ghkmd@mac.com> Sent: Wednesday, August 24, 2022 5:30 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Subject: Re: Coral Mountain Resort Project - Applicant -supplied materials for City Council meeting of 9/21/22 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. Thank you for the enclosure. It has been a long time since my comments. If possible, let me add just a few words. First, it is interesting that the applicant/developer has been able to modify and curtail his plans so markedly. Obviously the initial plan was a hopeful "shot" and subsequent events make one suspicious. Second, however and whatever - this is simply the wrong project in THAT location. Having it so isolated makes no sense. Third, If the project runs into financial problems and is abandoned, bankrupt, severely reduced, will the City of La Quinta be handed a damaged white elephant? George Koenig On Aug 24, 2022, at 2:36 PM, Consulting Planner<ConsultingPlanner@laquintaca.gov> wrote: Good Afternoon, You are receiving this email because you either have requested to be notified of items relating to the Coral Mountain Resort project, and/or you submitted a comment on the Draft EIR. At the City Council meeting of July 5, 2022, persons providing comment on the project requested that applicant -supplied materials be provided to the public in advance of the Council meeting of September 21, 2022, in order to allow time for these individuals and their organizations to review them and prepare responses. The City has posted materials provided by the applicant to the following location on its website:www. laq u i ntaca. Cloy/= resort 269 As is required by law, the City will post the agenda, the Staff Report, the materials provided by the applicant, and any public comments and/or other materials to the City Council meeting agenda page prior to the hearing. Please contact me if you need assistance in finding the agenda packet on the City's website. Please feel free to contact me if you have any questions. Nicole Sauviat Criste Consulting Planner City of La Quinta 270 Tania Flares From: Nicole Chste ancriste terranavapianr}ing.cam> Sent: Tuesday, August 30. 2022 6:38 AM To: Cathy Herr Cc: Consulting Planner, Tania Flores Subject: Re: Coral mountain Follow Up Flag; Follow up Flag Status: Cornpleted EXTERNAL: This message originated outside of the City of La Quinta, Please use proper judgement and caution when opening attachments, clicking links or respondingto requests far information. Ms. Herr, Thank you for your camments, We will provide there to the City Council for their meeting of September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Cathy Herr <cathyherrO50929@gmail.com> Date: Monday, August 29, 2022 at 11:03 PIVI To: Nicole Criste <ncriste@terranova planning.cnm> Subject. Coral mountain Dear Nicole, I am writing to let you know that I think allowing a water park to break ground under such severe drought conditions is irresponsible_ I have read the proposals the Coral Mountain Developers have offered to compensate for the water they would use and it doesn't make sense. We all need to conserve until it hurts. Putting in a wave park is simply not water wise no matter flow they try to sel I it, The citizens are being penalized and developers should not be rewarded Sent from my iPhone 271 Tania Flores From: Monika Radeva Sent: Friday, September 2, 2022 10:46 AM To: Consulting Planner Cc: Tania Flores Subject: Kate Jackson: Coral Mountain Wave Park Forwarding for the project file. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laquintaca.gov From: Teresa Thompson <Tthompson@laquintaca.gov> Sent: Tuesday, August 30, 2022 7:16 AM To: Cheri Flores <clflores@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Laurie McGinley <Imcginley@laquintaca.gov> Subject: Fwd: Coral Mountain Wave Park For your records Sent from my iPhone Begin forwarded message: From: Kate Jackson <kateiackson.323@gmail.com> Date: August 29, 2022 at 8:49:19 PM PDT To: Council <Council@laquintaca.gov> Subject: Coral Mountain Wave Park ** 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, I am a resident of La Quinta (46415 Roudel Lane, LQ) and I wanted to say that I'm strongly in support of the Coral Mountain Wave Park. I heard to email this address to share that opinion, thanks so much! Kate Homet Sent from my iPhone i 272 Tania Flores From: Cheri Flores Sent: Tuesday, August 30, 2022 10:23 AM To: Tania Flores; Consulting Planner Cc: Danny Castro Subject: FW: Coral Mountain Wave Park Cheri Flores I Planning Manager Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. (760)777-7067 CLFlores@LaQuintaCA.gov www.LaQuintaCA.gov From: Teresa Thompson <Tthompson@laquintaca.gov> Sent: Tuesday, August 30, 2022 7:16 AM To: Cheri Flores <clflores@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Laurie McGinley <Imcginley@laquintaca.gov> Subject: Fwd: Coral Mountain Wave Park For your records Sent from my iPhone Begin forwarded message: From: Kate Jackson <kateiackson.323@gmail.com> Date: August 29, 2022 at 8:49:19 PM PDT To: Council <Council@lag uintaca.gov> Subject: Coral Mountain Wave Park ** 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, I am a resident of La Quinta (46415 Roudel Lane, LQ) and I wanted to say that I'm strongly in support of the Coral Mountain Wave Park. I heard to email this address to share that opinion, thanks so much! Kate Homet 1 273 Sent from my Whone 274 Cheri Flores From: Tania Flores Sent: Tuesday, August 30, 2022 12:04 PM To: Cheri Flores Subject: FW: Coral Mountain Resort Please print for our records. Tania Flores I Administrative Technician Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. (760)777-7023 TFlores@LaQuintaCA.gov www.LaQuintaCA.gov City Hall is now open to the public during normal business hours. Please follow all CDC and State recommended guidelines as they pertain to COVID-19 safety and awareness. All public services continue to be available via phone, email or online web portal and the public is encouraged to utilize these services when possible. Thank you. From: Nicole Criste <ncriste@terra nova planning.com> Sent: Monday, August 29, 2022 4:08 PM To: Martha Karelius <marthakarelius@gmail.com> Cc: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Tania Flores <tflores@laquintaca.gov> Subject: Re: Coral Mountain Resort 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. Ms. Karelius, Thank you for your comments. We will forward them to the City Council when they hear the matter again on September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Martha Karelius <marthakarelius@gmail.com> Date: Monday, August 29, 2022 at 3:14 PM To: Nicole Criste <ncriste@terranovaplanning.com> Subject: Coral Mountain Resort Dear Nicole, 275 1 am writing to let you know that I think allowing a water park to break ground under such severe drought conditions is irresponsible. I have read the proposals the Coral Mountain Developers have offered to compensate for the water they would use and it doesn't make sense. We all need to conserve until it hurts. Putting in a wave park is simply not water wise no matter how they try to sell it. The citizens are being penalized and developers should not be rewarded. Thank you, Martha Karelius 55730 Pinehurst, La Quinta, CA 92253 I T � Martha Karelius @VANTAGE Real Estate 949-378-7654 DRE#00632473 Click HERE for information about a career with @VANTAGE Real Estate 6; VA 276 Tania Flores From: Nicole Criste <ncriste@terranovaplanning.com> Sent: Tuesday, August 30, 2022 9:48 AM To: cotobobbi Cc: Consulting Planner; Tania Flores Subject: Re: Wave Park Coral Mountain 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. Ms. Mezger, Thank you for your comments. We will provide them to the City Council when they hear the application on September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: cotobobbi <cotobobbi@gmail.com> Date: Tuesday, August 30, 2022 at 9:37 AM To: Nicole Criste <ncriste@terra nova plan ning.com> Subject: Wave Park Coral Mountain To all concerned, I have multiple concerns about the wave park the developer is proposing. This is neither the time nor place for this ridiculous venture; it is an abuse of our precious water. Yours truly, Bobbi Mezger La Quinta (full-time) Resident Ps: I've heard and read all of your justifications for the project, including the new iterations. They add up to, "Score for the developer!" "Too bad for the residents who have to live with it..." It was clever of you to ask for the moon and then "listen to the residents' concerns" and scale back a little to seem reasonable Ha! Negotiation 101. 277 Tania Flores From: Cheri Flores Sent: Tuesday, August 30, 2022 5:21 PM To: Consulting Planner; Tania Flores Subject: FW: Coral Mountain Wave Park - Support Cheri Flores I Planning Manager Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. (760)777-7067 CLFlores@LaQuintaCA.gov 41. www.LaQuintaCA.gov From: Teresa Thompson <Tthompson@laquintaca.gov> Sent: Tuesday, August 30, 2022 5:21 PM To: Cheri Flores <clflores@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Subject: FW: Coral Mountain Wave Park - Support For your records Teresa Thompson I Management Specialist City Manager's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7030 www.laquintaca.gov www.laquintaca.gov/covidl9 www.playinlaquinta.com PP As always you can find a full list of resources and information by visiting www.laauintaca.aov From: Nimalee Wickremasinghe <nimalee.w@gmail.com> Sent: Tuesday, August 30, 2022 3:35 PM 1 278 To: Council <Council@lag uintaca.gov> Subject: Coral Mountain Wave Park 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, I'm a homeowner in La Quinta and I support the Coral Mountain Wave Park. It will be great for the local economy. Thanks, Nimalee D. Wickremasinghe-Kuhn, M.A., APCC 818.571.5947 1 nimalee.w@gmail.com 279 Tania Flores From: Nicole Criste <ncriste@terranovaplanning.com> Sent: Thursday, September 1, 2022 12:36 PM To: Jan Olson Cc: Tania Flores; Consulting Planner Subject: Re: Coral Mt wave park 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. Ms. Olson, Thank you for your comments. We will provide them to the City Council when they hear the item again on September 2V, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Jan Olson <janmarols@gmail.com> Date: Wednesday, August 31, 2022 at 4:52 PM To: Nicole Criste <ncriste@terra nova plan ning.com> Subject: Fwd: Coral Mt wave park Please see message below. Thank you. ---------- Forwarded message --------- From: Jan Olson <janmarols@gmail.com> Date: Wed, Aug 31, 2022 at 1:33 PM Subject: Coral Mt wave park To:<consultingplanner@laquinta.gov> I'm a resident in Palm Desert and just recently received notification from the water district regarding water usage and the drought. I believe that the decision on the water wave park in LaQuinta is still to be determined. I am strongly encouraging you to not move forward with the planned park! Development of the park (regardless of the water district you draw from) is not in the best interest of the people in the valley and California. I believe that it is irresponsible and contrary to the water needs of the state. I would be very interested in the data regarding amount of water evaporation on a daily basis and how many households that water would provide for. It is not similar to golf course usage as that water is not for human consumption. Please do not move forward with the wave park. Sincerely, Jan Olson 77699 Woodhaven Drive S Palm Desert, ca 92211 Sent from my iPhone 281 Tania Flores From: Consulting Planner Sent: Saturday, September 3, 2022 9:09 AM To: Bobbie Fleury Cc: Linda Evans; Kathleen Fitzpatrick; Robert Radi; John Pena; Steve Sanchez; Tania Flores Subject: Re: CM Resort Wave Basin Ms Fleury, Thank you for your comments. We will provide them to the Council when they consider the matter on September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Bobbie Fleury <bobbie@fleury.tv> Sent: Friday, September 2, 2022 10:14 AM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Cc: Linda Evans <Levans@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Subject: Re: CM Resort Wave Basin EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Mayor Evans and City Council Members Fitzpatrick, Radi, Pena, and Sanchez - So much has been written and said in the last 2 1/2 years about the inappropriateness of putting the surf pool, a "for profit, PRIVATE, amusement and entertainment facility," out in the south part of our city. Surfing in the desert, while sounding like a "cool idea" is in reality something that really doesn't fit with our eco-system. But aside from all that, reading the La Quinta General Plan really sums it up as the best reasons of all for not trying to put this round peg in a square hole. Although some say that the Plan is at least 20 years old, it shouldn't matter if it's 50 years old or more. The principles espoused here, as I've noted below, should apply for development throughout the growth of our city to keep it "The Gem of the Desert." I hope you will take these few lines to heart and let your conscience be your guide in denying the zoning change from "residential" to "tourist/commercial," a move that will forever alter the cultural landscape out here - and not for the better. Please vote to maintain, protect, and preserve, the existing neighborhoods as this proposed development is definitely NOT compatible with the adjacent communities' character and infrastructure. As you said, Mayor Evans, towards the end of the July City Council meeting, "this may not be a good fit." You are absolutely correct. Everything about the Coral Mountain Resort's wave pool flies in the face of the tenets written in the General Plan. Thank you for your time and attention - 282 Bobbie Fleury 81586 Desert Willow Dr. La Quinta "Many hours and dollars were spent by taxpayers getting the La Quinta General Plan developed. That General Plan states Policy LU-3.1 "encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern". It also states Policy LU-4 "maintenance and protection of existing neighborhoods" and LU-4.1 "encourage compatible development adjacent to existing neighborhoods and infrastructure"." 283 Tania Flores From: Consulting Planner Sent: Saturday, September 3, 2022 9:14 AM To: Lisa Jeffrey; info@GCVCC.org;jeff.fishbein@cbrealty.com Cc: Alena Callimanis; Steve Jeffrey; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro; Tania Flores Subject: Re: Coral Mountain Resort Addresses Community Concerns Ms. Jeffrey, Thank you for you comments. We will provide them to the Council when they consider the matter on September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Lisa Jeffrey <I.I.jeffrey@att.net> Sent: Friday, September 2, 2022 8:25 PM To: info@GCVCC.org <info@GCVCC.org>; jeff.fishbein@cbrealty.com <jeff.fishbein@cbrealty.com> Cc: Alena Callimanis <acallimanis@gmail.com>; Steve Jeffrey <stevejeffrey@att.net>; Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Coral Mountain Resort Addresses Community Concerns EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Mr Fishbein and John Gamlin, This project is a failure from the get go. It's a high end private surf resort. Who is the customer for this project? How long will there be a demand? $3.5 million dollars looks pretty enticing for the general fund even if we don't have water flowing out of our taps in 10 years! The west is in a severe on going drought and the end isn't in sight in the near future if ever! According to your facts, a wave park takes less water then a golf course. Have you factored in evaporation? How about the fact a golf course reduces CO2 emissions and a wave park doesn't! How about the fact that a golf course provides a safe passage for wildlife! How about the fact that you can turn off the water on a golf course! This project is a joke! If you're listening to the residents of La Quinta the "majority" don't want it! Chamber of Commerce, where is your article interviewing the opposing people position on this? Shame on you! See you Sept 21. NMI Lisa Jeffrey 285 Tania Flores From: Monika Radeva Sent: Monday, September 5, 2022 4:16 PM To: Consulting Planner Cc: Cheri Flores; Tania Flores Subject: Neid, Judith - Coral Mountain Comments Forwarding for the project record. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 Mlkadeva@laquintaca.gov From: Judith Neid <neidjudy@gmail.com> Sent: Monday, September 5, 2022 3:35 PM To: Monika Radeva <mradeva@laquintaca.gov> Subject: Fwd: Information for the council 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. ---------- Forwarded message --------- From: Judith Neid <neidiudy@gmail.com> Date: Mon, Sep 5, 2022 at 3:17 PM Subject: Information for the council To: <cityclerk@lag uinta.gov> Please pass this onto the council for me. their emails do not work. Hope this comes through more clearly. Thank you Austonia, a locals' only website detailing life in, and around, Austin, has just published a scathing piece titled "Summer Summer" blaming "the world's greatest surfer" for their woes and let us read, now, together: Austin's surf park made a splash when it opened in 2o16, astounding the city's land -locked surf -lovers with new artificial wave technology. Two years after a company led by the world's most famous surfer took over, an Austonia drone photo survey shows a desolate site where there once was a thriving attraction that brought surfers from both coasts, and beyond. Surf pools drained and empty, wave generating equipment apparently dismantled, parking lots empty, surf shop and pub closed. Mud, weeds, and only the sound of prairie wind, where once big waves broke to the sounds of joy from excited surfers. Ouch 287 Tania Flores From: Monika Radeva Sent: Thursday, September 8, 2022 10:53 PM To: Consulting Planner Cc: Tania Flores; Cheri Flores Subject: Nadler, Shay: Coral Mountain Comments - September 21, 2022 meeting Follow Up Flag: Follow up Flag Status: Flagged Forwarding for the project file. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadevaO laquintaca.gov From: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Sent: Thursday, September 8, 2022 7:37 AM To: Monika Radeva <mradeva@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov> Subject: Fwd: September 21, 2022 meeting Just forwarding this in case you didn't see it. Kathleen Fitzpatrick Council Member City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 E: kfitzpatrick@ lag uintaca.gov www.laquintaca.gov www.playinlaquinta.com Begin forwarded message: From: Shay Nadler <shaynadler@yahoo.com> Date: September 7, 2022 at 7:04:22 PM PDT To: Steve Sanchez <ssanchez@lag uintaca.gov>, Linda Evans <Levans@laquintaca.gov>, Robert Radi <Rradi@laquintaca.gov>, Kathleen Fitzpatrick <kfitzpatrick@lag uintaca.gov>, John Pena <ipena@laquintaca.gov> Subject: September 21, 2022 meeting Reply -To: Shay Nadler <shaynadler@yahoo.com> 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. Honorable Council Members: i 288 I wish to strongly encourage the City Council to recommend the Wave Project be rejected. I recently received a post card in the mail regarding mandatory Water -Use Restrictions. A copy of one page is attached. As a private voting citizen of La Quinta I believe strongly in growth with conservation at the forefront of any new project. Our Valley is suffering as is the entire state. Why should i be restricted in on my own property so wasteful developers can pillage the water supply with no concern for the environmental impact? The developers are bombarding our citizens with false facts about the impact of the Wave Project. The Sound from the Alarm of a new wave alone will disturb neighbors, nature and the entire project. Can you imagine the loud horn every 10 minutes all day and most of the night? Has a Sound Intrusion Inspection been completed by an impartial party? If not, Why? I will be at the meeting and would like to bring the many post cards from developers who have reported inaccurate information about the impact of the Wave Park. I would like to speak at the meeting and be put on calendar, please. Shay Nadler 54120 Avenida Ramirez La Quinta, CA 92253 cell 562-544-9099 shaynadler yahoo.com MR c — _ c cn cu - � 0 41 cn D fL1 Cq p ui ■ i f% 1 E un +� O N-0 I' C N > N qi � O va > ;. u7 - ccCL � 0 � e cn o 4- CL ur tri a,, 0 ► p to E aj ( W Q . M Q iiLn r cn r 4 W r � �- r 4-4 0 U a ° 51a) c r � L cn > v u C -0 � � > 11 tr'' E Ln c ? cn v C _T3' 0 o Z } �' � 0 :E � z ° 0 CD M •6- Cl V) ru aj 7 0 4 0 o = Q � in r Q_(DD . Leh L ro _ ? cc c 0 q � cn 0 Q 0 Q7 Q 4 } Q OL 2. : T- > 290 Tania Flores From: Consulting Planner Sent: Tuesday, September 13, 2022 1:03 PM To: Rick Roth; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro Cc: Tania Flores Subject: Re: Oppose the Coral Mountain surf park due to the huge financial risk it poses to the City Mr. Roth, Thank you for your comments. We will provide them to the Council for their meeting of September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Rick Roth <ricodoco@gmail.com> Sent: Friday, September 9, 2022 8:12 AM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Oppose the Coral Mountain surf park due to the huge financial risk it poses to the City 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. Madam Mayor, Council Members, and Staff: The proponents plan a 25-year development project, and their proposed benefits would flow to the city over that time period so long as the project remains viable and continues operating. If, for any reason, the project fails, the developers will declare bankruptcy and walk away from their promises and obligations. If this project fails, it will leave a 13-acre cement lagoon as the worst public nuisance in La Quinta history. What would it cost to remove that wave pool and remediate the land? $10 million, $25 million, $50 million? No one knows, and the cost surely rises with time. What is the likelihood that this new proposed business will still be operating 20 years from now? Well, if the business was one of the largest most successful companies, one of the S&P500 say, it would have only a 36% chance of still being alive in 20 years. Amazingly, in only 20 years, two-thirds of America's largest companies will be out of business. Their annual probability of failure is 5%. What is the likelihood that a small, new business like the proposed surf park, will survive 20 years? Half of all new businesses fail within 5 years, even though nearly all of these businesses serve recognized needs with proven business models. Three -fourths of them are dead within 10 years, and only 5% survive to age 20. Their probability of failure is 13.5% annually. Any reasonable business person would see the untested surf -park and hotel with rental units as a newer, less proven, and riskier proposition. If the failure rate of untested new businesses is even modestly higher than for 291 new businesses in general, say 20% vs 13.5%, the odds of the business failing within the first 10 years are 9- to-1, with only a 10% chance of continued viability. By year 20, such a new business has only a 1 % chance of still being around. That is, within 20 years, the city will have a 99% chance of taking over this failed water park. Thus, any reasonable person would assume the project will fail at some point before completion, leaving the city holding the bag, with a 13-acre abandoned concrete hole. No one should take on the huge environmental and financial risk implied. The developers have had months to address this concern, and have not. They have not offered to provide a secured note or collateral to cover the eventual cost of remediating the environment after their risky business fails. Therefore, any claim they make of providing overriding economic benefits is, on its face, empty and disingenuous. The Planning Commission recognized the need for protecting the City from being left with the cleanup. To date, we have not seen any credible response. If the developer abandons the project, and declares bankruptcy, they won't be liable. Should you not insist on money to be held, perhaps a minimum of $15 Million, for this purpose? I ask that you who are responsible for the health and welfare of the city recognize these obvious risks and reject the project. It is a prescription for environmental and financial disaster. Thank you for your consideration. References: S&P 500 companies have a 10 year life expectancy currently In 2020, the average lifespan of a company on Standard and Poor's 500 Index was just over 21 years, compared with 32 years in 1965. There is a clear long-term trend of declining corporate longevity with regards to companies on the S&P 500 Index, with this expected to fall even further throughout the 2020s.Aug 27, 2021 Average company lifespan 2020 - Statista Half of new businesses fail within 5 years https://www.opmorganchase.com/institute/research/small-business/small-business-dashboard/longevity This gives an annual death rate of 13.5% Expected lifetime of a new business is 7.4 years Rick Roth 58002 Aracena La Quinta, CA 92253 650-817-5009 mobile ricodoco@gmail.com 292 Tania Flores From: Consulting Planner Sent: Tuesday, September 13, 2022 1:02 PM To: Rob Wright; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro; City Clerk Mail Cc: Tania Flores Subject: Re: Coral Mountain Wave Project - Opposition Mr. Wright, Thank you for your comments. We will provide them to the Council for their meeting of September 21, 2022. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Rob Wright <rwright@greymountain.com> Sent: Friday, September 9, 2022 10:04 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; City Clerk Mail <CityClerkMail@laquintaca.gov> Subject: Coral Mountain Wave Project - Opposition ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear City Council, I am not a resident of your town, but I receive the marketing emails from Coral Mountain and couldn't resist sending you a brief note. I am a resident of Santa Barbara and a surfer who is very concerned about the wave pool trend. We have a massive water crisis, an energy shortage and a climate crisis that threatens to upend our world. Why would we ever consider squandering the water, which belongs to us all, and the energy required to recreate what nature provides us for free every day. Please do not let this development proceed. It squanders precious resources upon which we are all dependent. Sincerely, William Wright 965 Via Fruteria Santa Barbara, CA 93110 293 Tania Flores From: Cheri Flores Sent: Monday, September 12, 2022 9:17 AM To: Danny Castro; Consulting Planner Cc: Tania Flores Subject: FW: COMMENTS - Berg - Attendance Restrictions on September 21st Special City Council Meeting for Coral Mountain Wave Park Development 41(01- _l Cheri Flores I Planning Manager Design & Development Department City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph.(760)777-7067 CLFlores@LaQuintaCA.gov www.LaQuintaCA.gov From: Teresa Thompson <Tthompson@laquintaca.gov> Sent: Sunday, September 11, 2022 4:50 PM To: Teresa Thompson <Tthompson@laquintaca.gov> Cc: Jon McMillen <jmcmillen@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Jennifer Nelson <jnelson@laquintaca.gov> Subject: COMMENTS - Berg - Attendance Restrictions on September 21st Special City Council Meeting for Coral Mountain Wave Park Development Madam Mayor Mayor and Councilmembers For your information/use Teresa Sent from my iPhone On Sep 11, 2022, at 4:32 PM, Carol Berg <cbergl@verizon.net> wrote: 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. 294 To the La Quinta City Council Members, It has come to the attention of the hundreds & hundreds of La Quinta residents & property owners planning to attend the special City Council meeting on 9/21 to protest the updated Coral Mountain Wave Park proposal, that the developer of said project, is heavily recruiting people & "surfer dudes" from OUTSIDE the area, (such as their Lemoore Wave Park), to try to "fill" the meeting with seemingly lots of local support for their development. LIES. This is intolerable, & not legal. This is a local issue impacting the quality of life of the La Quinta residents. NOT the residents of Lemoore. NOT the residents of Palm Desert, who will have their own wave park to offer up for use to those who want a wave park. BY THE WAY. NOT the residents of Rancho Mirage. NOT the residents of Indian Wells. NOT the residents of Coachella. And NOT the residents of Indio. This issue is applicable ONLY, to the quality of life, NOW & in the FUTURE, of the residents of La Quinta. We should be the ONLY attendees at this meeting. The developer should be notified immediately to stop his duplicitous campaign of recruitment for outside bodies, as with his ongoing media campaign, or we have the right, & WILL, as legal residents, screen people as they arrive based on their address. WE are prepared to show up on the 21st as we were asked to do, honestly, ready to bring ALL the FACTS, FIGURES, ORDINANCES, CODES, etc., that we need. Can the developer at least do the same? Show up honestly in his newest effort to build his amusement park?? And we ask that you all please continue to do the jobs you were elected to do; which is work FOR THE RESIDENTS, & lead our city, (NOT residents OUTSIDE La Quinta), through future difficult times, including the very real, unprecedented drought we are in & will very likely remain in, & increasing temperatures putting extra loads on our antiquated electrical infrastructure every Summer. We're all watching very carefully. Kindest Regards, Carol Berg cbergi@verizon.net 408-458-0150 295 Tania Flores From: Loydene Lazich <foreloydene@aol.com> Sent: Monday, September 12, 2022 6:57 PM To: Tania Flores Subject: Zoning change Coral Mountain ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Mayor Evans and Council Members, We have lived in the community of La Quinta for 18 years. We ask that you deny the request for a zoning change for the Coral Mountain project. The peace and quiet that we have enjoyed and that brought us to La Quinta are in jeopardy because of a very ill conceived project. Please protect our neighborhood by denying this project. Thank you, Loydene and Bill Lazich 56905 Mountain View La Quinta Sent from my iPad i 296 Resident: at 51-475 Cal le Iloilo September 10 2022 Issue of Coral Mountain Resort Meeting Stance ObDect to Development September 21 2022 Spec.i.al I am writing tc 7oice my ob3ection to the approval of the proposed wave pool at the Coral Mountain Resort It is absurd to consider a wave pool in the desert when we are in the middle of a very sc.rzous drought Farmers in Arizona are really struggling with Colorado River water restricLlons and yet we here in California (who rely on the same Colorado River water) are trying to approve a recreational water park https //www cnbc com/2022/091031arizena-farmers-are-slammed-by- water-cuts-in-the-west--amid-drought html This is also incredibly frustrating because I have taken numerous steps to help conserve water such as grass removal low flaw toilet installation shorter showers sweeping instead of hosing the patio and planted native plants ]ust to name a few But appaxenz,].y I didn t need to be doing any of that because we have enough water for an entertainment water-eature The Cj.ty of La Quinta is makina one lead decision after another RECEIVED SEP 14 2022 CITY OF LA QUINTA DESIGN AND DEVELOPMENT DEPART F Tania Flores From: Monika Radeva Sent: Wednesday, September 14, 2022 7:14 PM To: Danilo Kawasaki; Consulting Planner; Tania Flores Cc: Graham Culp; Todd Grotstein; Cheri Flores; Monika Radeva; Laurie McGinley Subject: Support Letter for Coral Mountain Attachments: CM - Letter of Support - La Quinta Residents.pdf Good afternoon, The enclosed written comments in support of the Coral Mountain Resort project have been received, will be included in the project file, distributed to the City Council, and will be included in the public record of the 9/21/22 special meeting. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva(a)laquintaca.gov From: Danilo Kawasaki <dkawasakil2@gmail.com> Sent: Wednesday, September 14, 2022 2:38 PM To: City Clerk Mail <CityClerkMail@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Cc: Graham Culp <gculp@meriwetherco.com>; Todd Grotstein <tgrotstein@meriwetherco.com> Subject: Support Letter for Coral Mountain EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Monika, Please find the attached Letter of Support for Coral Mountain. The people included in the list of names, including myself, have all read the Letter of Support and have agreed to be part of the public record. We represent 106 separate and confirmed La Quinta households with 159 individuals. Thank you for your attention to this matter and, if possible, please confirm receipt of this letter and information. Best Regards, Danilo Kawasaki La Quinta, CA 92253 1 298 Dear City Council and Planning Staff, We are writing to voice our strong support for the Coral Mountain project! As City of La Quinta residents and homeowners, we feel this unique project brings numerous benefits to our community and serves as a model of sustainability and smart water usage. This type of thoughtful planning should be encouraged for all new developments moving forward to preserve the special nature and quality of our lives here in La Quinta. Although many of us love golf, we recognize that golf courses are abundant in the Coachella Valley and rely heavily on water. We understand developers must find ways to add unique amenities to attract potential buyers and guests to their developments. Coral Mountain's wave facility uses approximately 15% of the water used by an average golf course. A wave basin may appear to be a wasteful use of water; however, the facts and data supplied by the developer, and subsequently confirmed by the CVWD, an independent Environmental Impact Report, and City staff, confirm otherwise. We welcome the inclusive nature of this project and the public spaces and amenities that we, our families, and friends can enjoy. The farm -to -table market and meeting spaces contemplated on the corner of Madison and 58th will be a huge benefit for us. Also, the ability to access Coral Mountain for lunch or dinner, have our friends stay at the hotel, use the spa, pool and even book time at the wave basin, adds huge value to us here in La Quinta. It will be a refreshing change of pace to have a world -class facility open and available for La Quinta residents to use, rather than cordoned off behind member -only walls. If this necessitates a zoning change to accomplish — we are all for it! Although we have all purchased property here and choose to either call La Quinta our home or spend a significant portion of time here, we are mindful of the necessity for the City to evolve and offer a more diverse set of experiences. We want La Quinta to be a dynamic city, while still maintaining its original charm and character. After reviewing the plans and looking at the community layout, proposed architecture, amenity set, and focus on active sports, health and wellness, it is our opinion that Coral Mountain is a perfect and unique blend of the authentic character of the desert and new thinking of what a master planned community can be. Again, we voice our strong support for this wonderful project and reject the Nimbyism and knee-jerk reactions that seem to come with ANY new development here. It has been upsetting to see the number of mischaracterizations and outright falsehoods used against this project and it is our sincere hope that you will see past these and continue to encourage responsible development here in La Quinta - especially projects that are as thoughtful and well -conceived as Coral Mountain. Sincerely, Adam Lacey Alana & Laule'a Brennan Alyssa Phaneuf Andy & Ashley Lebowitz Anthony Borquez Blake & Tracy Knox Bob & Jackie Wright La Quinta CA 92253 La Quinta CA 92253 La Quinta CA 92253 La Quinta CA 92253 La Quinta CA 92253 La Quinta CA 92253 La Quinta CA 92253 299 Bob & Saralee Wallis La Quinta CA 92253 Brett & Jean Dedeaux La Quinta CA 92253 Brian & Amy Weitman La Quinta CA 92253 Brian Gargon La Quinta CA 92253 Bruce Kantor La Quinta CA 92253 Bryan Ezralow La Quinta CA 92253 Charles C. & Joni L. Meagher La Quinta CA 92253 Chris & Amanda Lovrien La Quinta CA 92253 Christie & John Mavredakis La Quinta CA 92253 Connie Varelli La Quinta CA 92253 Corey & Kathleen Gulbranson La Quinta CA 92253 Cory Martin & Greg Morgenstein La Quinta CA 92253 Danilo Kawasaki La Quinta CA 92253 Dariann Diaz La Quinta CA 92253 David & Paula Turner La Quinta CA 92253 Dennis & Gail Lingle La Quinta CA 92253 Don & Christi Flanigan La Quinta CA 92253 Donna Black La Quinta CA 92253 Doug & Ellen Weitman La Quinta CA 92253 Drew & Jaime Hoeven La Quinta CA 92253 Esra Sanli La Quinta CA 92253 Esther Nazarov La Quinta CA 92253 Frank & Isabelle Weigel La Quinta CA 92253 Frank & Mary Henry La Quinta CA 92253 Gala Asher La Quinta CA 92253 Gary & Katy Leff La Quinta CA 92253 Gary & Sherri Moore La Quinta CA 92253 Geoff Palmer La Quinta CA 92253 Greg Munks La Quinta CA 92253 Greg Solis La Quinta CA 92253 Greg, Judge, Zack, & Cleo Washer La Quinta CA 92253 Gregory Snider e La Quinta CA 92253 Irene Neuwirth La Quinta CA 92253 Jacinta & Andrew Hewitt La Quinta CA 92253 Jack Mulroe La Quinta CA 92253 James Sprague La Quinta CA 92253 Jason & Kim Hanson La Quinta CA 92253 Jason Weiss La Quinta CA 92253 Jay Head & Ryan Marie Head La Quinta CA 92253 Jeanette Fox La Quinta CA 92253 300 Jed Lassere La Quinta CA 92253 Jeff Greenfield La Quinta CA 92253 Jennifer Buhl La Quinta CA 92253 Jennifer Hermann La Quinta CA 92253 Jim & Tina Jenkins La Quinta CA 92253 Joe & Julia Lovern Guerra La Quinta CA 92253 Joe & Paula Ciaramitaro La Quinta CA 92253 John Knopf La Quinta CA 92253 John Leja La Quinta CA 92253 Jonathan Orenshein La Quinta CA 92253 Joseph Arenson La Quinta CA 92253 Josh & Rachel Frantz La Quinta CA 92253 Julie & Jason Wallace La Quinta CA 92253 Karen Ahaesy La Quinta CA 92253 Krista Coyle La Quinta CA 92253 Kylie Ranger La Quinta CA 92253 Larry & Colette Young La Quinta CA 92253 Larry & Jennifer Kay La Quinta CA 92253 Mallory West La Quinta CA 92253 Marc Ezralow La Quinta CA 92253 Marcel Sassola La Quinta CA 92253 Maria Boire La Quinta CA 92253 Marshall Ezralow La Quinta CA 92253 Matt & Christina Antoun La Quinta CA 92253 Mia Blair La Quinta CA 92253 Michael & Jenny Tatum La Quinta CA 92253 Michael Schwab La Quinta CA 92253 Michelle Patterson La Quinta CA 92253 Mike & Vivian Pohl La Quinta CA 92253 Mitch Rabin La Quinta CA 92253 Natalie Gaglardi La Quinta CA 92253 Nathaniel Christian La Quinta CA 92253 Nick & Marta Blodgett La Quinta CA 92253 Oksana DerDerian La Quinta CA 92253 Peter McWilliams La Quinta CA 92253 Peterson Family La Quinta CA 92253 Regan Scott La Quinta CA 92253 Richard P. Crane Jr. La Quinta CA 92253 Rigo Diaz La Quinta CA 92253 Rob & Jamie Leff La Quinta CA 92253 301 Robert & Alexandra Ahaesy La Quinta CA 92253 Roshan & Melissa Wijerama La Quinta CA 92253 Scott & Carolyn Recknor La Quinta CA 92253 Scott & Jaclyn Moore La Quinta CA 92253 Sean Kono La Quinta CA 92253 Simon & Sue Haley La Quinta CA 92253 Stephen & Catherine Bonswor La Quinta CA 92253 Susan Lowrance La Quinta CA 92253 Tera Dehner La Quinta CA 92253 Tim & Heather Black La Quinta CA 92253 Timothy A. Pappas La Quinta CA 92253 Tom Stephens La Quinta CA 92253 Tony Estrada La Quinta CA 92253 Tony, Cynthia, CeCe, Tony Jr. & Nick Bouza La Quinta CA 92253 Trevor DerDerian La Quinta CA 92253 Victor Coleman La Quinta CA 92253 Victoria Hiraoka La Quinta CA 92253 Yvonne & Steve Cherry La Quinta CA 92253 Zach Siegel La Quinta CA 92253 302 Tania Flores From: Monika Radeva Sent: Thursday, September 15, 2022 8:08 PM To: Consulting Planner; Tania Flores Cc: Cheri Flores; Monika Radeva Subject: Coral Mtn Support Comments Petition - submitted by Bob & Penny Boehm Attachments: 9.pdf Forwarding the attached comments in support of the Coral Mountain project received by the City on 9/15/2022 to be included in the project file. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadevaO laquintaca.gov From: Nadia Fuentes <nfuentes@laquintaca.gov> Sent: Thursday, September 15, 2022 10:36 AM To: Monika Radeva <mradeva@laquintaca.gov> Cc: Laurie McGinley <Imcginley@laquintaca.gov>; Nadia Fuentes <nfuentes@laquintaca.gov> Subject: Public Comment for City Council Special Meeting Hello Monika, This public comment/petition was just dropped off by Penny Boehm which she requested to be included in the City Council Special Meeting being held on Wednesday, September 21, 2022. Contact information is below if needed. Bob and Penny Boehm �F * . peony+Pbomgtwr ks. com bbc ehm@ boeh rn iega I. corn 61285 "Topaz Drive La Quinta, CA 9 253 Periny Cali 805-312-4213 dome Phone 760-777-4362 I will place the originals on your desk. Thank you! i 303 N Nadia Fuentes) Administrative Assistant City of La Quinta 78495 Calle Tampico) La Quinta, CA 92253 760.777.7091 www.laquintaca.gov www.playinlaquinta.com 304 Coral Motliltahi S-tippol't Petrtioii We, the undersigned, express our support for the Coral Mountain wave project. The a pplicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. -Signature Ci ILI r + , ff as . ' + , 76eM lid 1 / • 1 *OR &VM r. I ' PIW' AS J "Y i20IS ffl—ZA ■ A i ow MR�•J J ■Ill •.�'li s+f1�+�► J �a _ own 305 CD1•al Momitaiii Stlppoi-t Petltiou We, the undersigned, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. EFull Narne 05 Wh®R t PI rI w � i ; � FJ + �Fog LUm� EM. MOM ` - 5' • :WAS MM �I W'J N _ •�Lw IN 306 2 Coral Momitaiii Support Petitioli We, the undersigned, express our support for the Coral Mountain suave project. The applicant has gone to great lengths to satisfy community concerns, The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council ha►re regarding its approval. 307 Coral oi-mtaili Siipport Petltloll We, the undersigned, express our support for the Coral Mountain wave project. The applicant has game to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the CMty Council have regarding its approval. W: Tania Flores From: Monika Radeva Sent: Thursday, September 15, 2022 6:45 PM To: brana040@aol.com Cc: Tania Flores; Cheri Flores; Monika Radeva Subject: Francis, Bruce: Proposed Coral Mountain Wavepark Good afternoon, The written comments provided below in opposition of the Coral been received, will be included in the project file, distributed to included in the public record of the 9/21/22 special meeting. Thank you. Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva(cblaauintaca.aov From: Bruce Francis <bfrana040@aol.com> Sent: Thursday, September 15, 2022 1:29 PM To: City Clerk Mail <CityClerkMail@laquintaca.gov> Subject: Proposed Coral Mountain Wavepark Mountain Resort project have the City Council, and will be 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. Ladies and Gentlemen - In all of the arguments opposing the subject wave park, it seems to me that a MAJOR aspect has barely been addressed or mentioned: the quality of life in the neighborhood if the development goes forward. The city's "masterplan 2035" very specifically has the southern reaches of our city zoned as low density residential. Many (and I imagine most) of us who live full or part time in the neighborhood, considered the zoning very carefully before making what is, for most of us, a very serious financial decision, i.e,- the purchase of our home in the southern portion of the city. Not in a million years would we have settled in the area if we had thought the desert equivalent of a "Disneyland" was to be built. And to make matters worse, this "Disneyland" will not be completed for another thirteen years. There are literally thousands of residents who believed they made the best decision in moving to this tranquil and peaceful area of La Quinta, devoid of the hectic nature of tourist commercial areas. As you vote to approve or disapprove the development of the project, after all of the gnashing of teeth over water use, night lighting, traffic, noise, etc. etc., I ask you to ask yourself one question: to whom do I owe allegiance, local residents and constituents who acted in good faith in purchasing their homes or to an out-of-state commercial developer who proposes to change the area forever? The answer is all too obvious. Sincerely, Bruce Francis 81256 Victoria Lane La Quinta, CA 92253 (442) 300-7701 309 ATTACHMENT 4 STAFF REPORTS, RESOLUTIONS, ORDINANCES, AND ATTACHMENTS • JUNE 7, 2022 PUBLIC HEARING • JULY 5, 2022 PUBLIC HEARING 310 CITY COUNCIL AND HOUSING AUTHORITY MINUTE TUESDAY. JUNE 7. 2022 CALL TO ORDER A regular meeting of the La Quinta City Council was Galled to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconferencing accessibility pursuant to Executive Orders N--60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq. ). PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: Bone STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Dousing Development Villalpando, Community Resources Director Escobedo, Finance Director Martinez, Financial Services Analyst Hallick, Public Works Director/City Engineer McKinney, Design and Development Director Castro, Planning Manager Flares, Senior Planner Flores, Permit Technician Lorett. CONFIRMATION OF AGENDA Councilmernber Pena said he will recuse himself and will abstain from discussion and vote on Consent Calendar Item No. 18 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location, and asked for this item to be pulled for a separate vote. Council concurred. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA -- Done CLOSED SESSION — CITY COUNCIL. 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION MINUTES Page I of is JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 311 PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 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) 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES` ASSOCIATION 4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND UNREPRESENTED EMPLOYEE: CITY MANAGER CALL TO ORDER — HOUSING AUTHORITY SPECIAL MEETING HELD JOINTLY WITH THE CITY COUNCIL REGULAR MEETING A special meeting of the La Quinta Housing Authority was called to order at 3:03 p.m. by Chairperson Sanchez. ROLL CALL; Authority Members: Evans, Fitzpatrick, Raclin Pena, and Chairperson Sanchez VERBAL ANNOUNCEMENT — AB 23 [AUTHORM SECRETARY] CONFIRMATION OF AGENDA — HOUSING AUTHORITY - Confirmed PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - HOUSING AUTHORITY -- None CHAIRPERSON SANCHEZ ASKED MAYOR EVANS TO ACT AS PRESIDING OFFICER FOR THE HOUSING AUTHORITY FOR THE REMAINDER OF THE SPECIAL MEETING COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3.0.E P.M. MINUTES Page 2 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 312 MAYOR EVANS RECONVENED THE OPEC! SESSION PORTION OF TIME CITY COUNCIL MEETING AT 4: 07 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken on Closed Session item Nos. 1, 2, and 5 that require reporting pursuant to Government Code section 54957.1 (Brown Act); and Council will recess back to Closed Session to continue consideration of Closed Session Item No. 4 after the open portion of the regular City Council meeting. PLEDGE OF ALLEGIANCE Mayor Pro Tern Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - CITY COUNCIL AND HOUSING AUTHORITY PUBLIC SPEAKER IN -PERSON: James Tufo, La Quinta - President of the Parc La Quinta homeowners' association spoke in opposition of the proposed housing developments at Washington Street and Avenue 50. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS -- CITY COUNCIL AND HOUSING AUTHORITY - None CONSENT CALENDAR - CITY COUNCIL COi:NVCILMEMBER PE& RECUSED HIMSELF FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 1S DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY INTEREST TO THE PROJECT LOCATION AND ASKED FOR THIS ITEM TO BE PULLED FOR A SEPARATE VOTE 1. APPROVE REGULAR MEETING MINUTES OF MAY 3, 2022 2. APPROVE SPECIAL MEETING MINUTES OF MAY 91 2022 3. APPROVE REGULAR MEETINGMINUTES OF MAY 17, 2022 4. EXCUSE ABSENCES OF CHAIRPERSON NIETO AND COMMISSIONER CALDWELL FROM THE MAY 24 AND JUNE 14, 2022, PLANNING COMMISSION MEETINGS, RESPECTIVELY 5. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE MINUTES Page 3 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 313 CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS, 2021, CH. 165) 6. APPROVE CHANGE ORDER NO. 3 TO CONTRACT WITH CREATIVE LIGHTING INC. FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 CITYWIDE LIGHTING MAINTENANCE SERVICES PROJECT NO. 2018-31 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION 7, APPROVE CHANCE ORDER NO. S TO CONTRACT WITH PWLC II, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-30 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION S. ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2022/23 ENGINEER'S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-I, AND 2) DECLARE INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NOS. 2022-014 AND 2022-015] 9. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION NO. 2022-016] 10. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL TECHNICIAN TO ATTEND THE INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION TRAINING IN ONTARIO, CALIFORNIA FROM JUNE 27-30, 2022 11. APPROPRIATE FUNDING IN FISCAL YEAR 2021/22 TO UPFIT 10 CITY OWNED VEHICLES 12. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVOS, INC. (FORMER MUNIREVS, INC., DBA LODCINGREVS) FOR SHORT-TERM VACATION RENTAL PROGRAM SERVICES, TO INCREASE COMPENSATION FOR FISCAL YEAR 2021/22f AND TO EXTEND THE TERM THROUGH FISCAL YEAR 2023/24 13. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH PALMS TO PINES PRINTING, FOR MINUTES Page 4 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTI-Y WITH HOUSING AUTHORITY SPECIAL MEETING 314 PROMOTIONAL AND PRINTING SERVICES, TO INCREASE COMPENSATION AND TO EXTEND THE TERM THROUGH FISCAL YEAR 2022/23 14. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2021/22 TREASURY REPORTS FOR ]ANUARY, FEBRUARY, MARCH 2O22 1S. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2022 16. APPROVE DEMAND REGISTERS DATED MAY 13r 20r &. 27r 2022 17. ACCEPT WASHINGTON AND FRED WARING TRIPLE LEFT PROJECT NO. 2017-01, LOCATED AT THE WASHINGTON STREET AND FRED WARING DRIVE INTERSECTION 18. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2021-08 LOCATED IN VARIOUS LOCATIONS 19. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE SILVERROCK PARK VENUE WIFI AND CAMERA BACKBONE PROJECT MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve Consent Calendar Item Nos. 1-17 and 19, as recommended, with Item No. 5 reaffirming Resolution No. 2021-035, Item No. 8 adopting Resolution Nos. 2022-014 and 2022-015, and Item No. 9 adopting Resolution No. 2022-016. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmernbers Sanchez/ Nadi to approve Consent Calendar Item No. 18 as recommended. Motion passed: ayes - 4, noes -- 0, abstain - 1 (Pena), absent - 0. CONSENT CALENDAR - HOUSING AUTHORITY 20. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF MAY 3, 2022 MOTION - A motion was made and seconded by Authority Members Pena/Radi to approve the Consent Calendar as recommended. Motion passed unanimously. MINUTES Page 5 of Is JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 315 BUSINESS SESSION I. ADOPT RESOLUTION ACCEPTING THE CERTIFICATION OF THE RIVERSIDE COUNTY REGISTRAR OF VOTERS AS TO SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED "PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS (STVRs) IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA," BY DECEMBER 31, 2024 (RESOLUTION NOS. 2027-017] City Clerk Radeva presented the staff report, which is on file at the Clerk's Office. The PUBLIC SPEAKERS listed belo in the order in which they spoke, provided comments, in -person and via teleconference (Zoom), as follows. • Kimberly Estrada, La Quinta (Zoom) -- school principal - importance of STVR revenue in funding public safety for schools. • George M. Yin, Kaufman Legal Group (Zoom) - specializes in election law - defects with the initiative petition to phase -out STVR. Mayor Evans asked City Attorney Ihrke to respond to Mr. Yin's comments. Mr. Ihrke said that his office has reviewed letters on this matter received from legal counsel for VRON-LQ and petition proponents, Neighbors for Neighborhoods; that none of the cases cited by VRON-LQ are squarely on point in this matter; that Council has only three options per election Code Section 9215 now that the Riverside County Registrar of Voters (ROV) has verified the sufficiency of the petition signatures; and that the City Attorney's Office recommends that Council proceed with certification of the petition. • Eddy Estrada, La Quinta (in -person) - STVR owner - supports STVRs. • Steven Niederhauser, La Quinta (in -person) - supports STVRs. • Ruby Rodriguez, La Quinta - was called, but was not present and did not provide comments. • Donald Scott, La Quinta (in -person) - cleaning service owner - supports STVRs. • Alondra palomino (Zoom) - Minut Noise Monitoring employee - supports 5TV Rs . • Sarah Geiherd, La Quinta (Zoom) - STVR owner -- supports STVRs. • Don Shoffstall, La Quinta (in -person) [used additional speaker time donated by 3 residents - Matt Nelson, Marty Butler, and Barbara Lambert] -- representative of Neighbors for Neighborhoods (N4N) and a proponent of the initiative - spoke about issues associated with STVRs and in support of placing the initiative on the ballot. • Paul Spitzer, La Quinta (ire -person) -apposes STVRs. MINUTES Rage 6 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 316 • Lynne Daniels, La Quinta (in -person) - owner of Dupont estate - supports STVRs. • David Dinnel, Las Angeles/La Quinta (in -person) - STVR owner - supports STVRs. • Kathleen Dwyer, La Quinta (in -person) - supports STVRs due to revenue it brings to City. • Dean Graves, La Quinta (in -person) - opposes STVRs and supports placing the initiative on the ballot. • Nilda Lopez (in -person) [comments were provided in Spanish and translated by .senior !Manner Carlos Flores] - cleaning service owner - supports STVRs due to the work it provides to her and her co-workers. • Roger Monroy, La Quinta (in -person) - STVR owner - supports STVRs. • James Lambert, La Quinta (in -person) [used additlonai speaker time donated by resident Caro! Nolte] - apposes STVRs. • Carine Topal, La Quinta (in -person) - STVR owner - supports STVRs. • Anna Duitruk, La Quinta (in -person) - VRON-LQ founder - supports STV Rs. • Steve Owens, La Quinta (in -person) - STVR owner - supports STVRs. • Kay Wolff, La Quinta - (in -person) - [used additional speaker time donated by tan Storbo} - opposes STVRs. • Joe Lutz, La Quinta (in -person) - opposes STVRs. • Carrie Breeswine, La Quinta (in -person) - opposes STVRs. • Richard Gray, La Quanta (in -person) - opposes STVRs. • Jeff Smith, La Quinta (ire -person) - opposes STVRs and supports putting the initiative on the ballot. • Katie Barrows, La Quinta (in -person) - supports putting the initiative on the ballot. • Amanda Ryan, La Quinta (in -person) - supports putting the initiative on the ballot. • Glenn Chapman, La Quinta (in -person) - supports STVRs if well regulated; and supports putting the initiative on the ballot. • Edward Armendarez, La Quinta (in -person) -- opposes STVRs. • Stephen Libbe, Palm Desert (in -person) - born in LQ, not a current resident - CEO of several service businesses - supports well -regulated STVRs. • Stephanie Nevels-Yanclhar, Renton, WA/La Quinta (in -person) - STVR owner - supports STVRs. • Victor Barbasa, La Quinta (Zoom) - restaurant owner - supports STVRs. • Robert Gravina, La Quinta (Zoom) -- STVR owner - supports STVRs. + Ellen Lindberg, La Quinta (Zoom) - supports STVRs. • Melanie Sprague, La Quinta (Zoom) -- opposes banning STVRs due to City revenue loss. • Tarn Kendrick, La Quinta (Zoorn) - supports STVRs. MINUTES Page 7 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 317 The following 1RITTEN PUBLIC COMMENTS,, listed in alphabetical order, were received, distributed to Council, made available on the Ciity's website, and included in the record of this meeting: • James Alderson - comments on STVRs • Anonymous - supports STVRs • Edward Armendarez -- supports the initiative • Boyd Beghtoi - apposes STVRs • Evette Bruesehoff - supports STVRs • Nancy Chiles - supports the initiative Noreen and Joe ❑iodatin - support the initiative • Sarah Gelberd - apposes the initiative Dean and Cathy Graves - support the initiative • Jeff and Nini Hillebrand - support the initiative • Alfredo Izrnajtovich - support the initiative Kaufman Legal Group - Attorney George M. Yin - defects with the initiative petition • Jim and Barbara Larnbert - support the initiative and oppose STVRs [these comments are also applicable to Business Session Item Nos. 2 and 3 below] • Minut Noise Monitoring -- Alondra Palomino - supports STVRs • Lisa Moller - supports the initiative • Marde Olson - supports the initiative • Marde and Mark Olson - support the initiative David Alan Park - supports the initiative • Carolsue Peyton - supports the initiative Jennifer porter - apposes the initiative and supports STVRs • Terry Praeht - supports the initiative • Mary and Stefanie Segal - appose STVRs • Mario Sewell - supports the initiative [these comments are also applicable to Business Session Item Nos. 2 and 3 belay] • Carine Topal - support STVRs • Visit Greater Palm Springs - support STVRs Council expressed its support for placing the initiative on the ballot in accordance with the California Election Code. MOTION - A motion was made and seconded by Councilmembers Radij Fitzpatrick to adopt Resolution No. 2020-017 accepting the certification of the Riverside County Registrar of Voters as to the sufficiency of the initiative petition entitled "Phase -Out and Permanent Ban of Non -Hosted Short -Term Vacation Rentals in Non -Exempt Areas in the City of La Quinta," by December 31, 2824: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING THE CERTIFICATION OF THE RIVERSIDE MINUTES Page 8 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 318 COUNTY REGISTRAR OF VOTERS AS TO THE SUFFICIENCY O THE INITIATIVE PETITION ENTITLED "PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA," BY DECEMBER 31, 2024 Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6: 2S P. M. MAYOR EVANS RECONVENED THE REGULAR COUNCIL MEETING AND SPECIAL HOUSING AUTHORITY MEETING HELD JOINTLY AT 6:4S P.M. WITH ALL MEMBERS PRESENT 2. RECEIVE AND FILE REPORT, PREPARED PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9212, ASSESSING THE FISCAL, ECONOMIC, AND RELATED IMPACTS OF THE INITIATIVE MEASURE ENTITLED "PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS IN NON- EXEMPT AREAS OF THE CITY OF LA QUANTA," BY DECEMBER 31, 2024 City Manager McMillen and City Consultant ]on Hockenyos, President and CEO with TP Economics presented the staff report, which is on file in the Clerk's Office. Council discussed the possibility of property owners and renters using anonymous, untraceable block -chain technology driving STVRs underground; factoring into the report the cost of enforcing a STVR ban; illegal operators, post -ban, are not factored into the report; no available data on revenue changes or house prices from other cities that have banned STVRs; golf revenue is included in the entertainment figures; examining enforcement costs prior to adopting the STVR ordinance; calculating the direct impact to the City's budget over the next 10 years or more; reminder that Measure G was passed knowing that 5% would be paid by visitors - residents passed it knowing that they wouldn't have to carry the entire burden; transient occupancy tax rates in other cities; STVRs success in the Cove due to the home renovations made by STVR owners; the effect of inflation on City revenue; spending by vacationers versus residents; Greater Palm Springs Visitors' Bureau study findings that 1 in 5 residents is in a hospitality -related job, and the average annual increase in taxes to residents would be $4,000 if not for the local hospitality industry; affordability of farmer STVR homes to low- and raid -income buyers/renters if ban is enacted; creating a map of current and planned low-income housing properties in the City for resident educational purposes; current average home prices in the City, and current average home prices in the Cove; the effect the ban would have on housing MINUTES Page 9 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 319 inventory; fluctuations in school enrollment and birth rates; the current freeze on new permits continues the revenue flow while gradually decreasing the number of STVRs as new STVRs in permitted areas are developed - financial analysis of this versus a complete ban on January 1, 2025 is needed; need for 10-year revenue projections should the ban pass, and corresponding list of projects/services affected; collecting spending pattern data to determine the home zip codes of restaurant goers; permitted STVR areas, exempt from the ban, under development now or planned, will take many years to be built out, replenish the inventory and revenue; and the need to protect all sources of revenue. Council directed staff to report back on. • Budget revenue projections, and prioritizing expenditures • Transition plans • Housing inventory • Property tax implementations ■ Case studies of STVRs going underground • Changes in SNR enforcement • Block -chain technology - crypto currency and contract execution MOTION -- A motion was made and seconded by Councilrnembers Penaj Fitzpatrick to receive and file report, prepared pursuant to California Elections Code section 9212, assessing the fiscal, economic, and related impacts of the initiative measure entitled "Phase -Out and Permanent Ban of Non -Hosted Short -Term Vacation Rentals in Non -Exempt Areas of the City of La Quinta," by December 31, 2024. Motion passed unanimously. 3. ADOPT RESOLUTIONS: (A) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AN INITIATIVE ORDINANCE AND BALLOT MEASURE PROPOSING THE `"PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM 'VACATION RENTALS IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA," BY DECEMBER 31, 2024, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 [RESOLUTION NO. 2022-0181 (B) SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING THE INITIATIVE ORDINANCE AND BALLOT MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE SAME [RESOLUTION NO. 2022-019) MINUTES Page 10 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTIY WITH HOUSING AUTHORITY SPECIAL MEETING 320 (C) REQUESTING RIVERSIDE COUNTY TO CONSOLIDATE THE ELECTION FOR THE INITIATIVE ORDINANCE AND BALLOT MEASURE WITH THE GENERAL MUNICIPAL ELECTION AND STATEWIDE GENERAL ELECTION, TO BE HELD ON NOVEMBER S, 2022 [RESOLUTION NO. 2022-0201 City Clerk Radeva and City Attorney Ihrke presented the staff report, which is on file in the Clerk's Office. Council discussed deciding at a subsequent meeting if it wished to take a collective position on the initiative, and if so, who would draft an argument in- favor/opposed and any rebuttal; and the need for the additional data requested from staff before the Council takes a position. MOTION - A motion was made and seconded by Counciimembers Pena/Radi to: (A) Adopt Resolution No. 2022-018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF LA QUINA AN INITIATIVE ORDINANCE AND BALLOT MEASURE PROPOSING THE "PHASEOUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEM T AREAS OF THE CITY OF LA QLANTA" AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER S, 2022, AS CALLED BY RESOLUTION NO. 2022-009 (B) Adopt Resolution No. 2022-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN A►RGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING AN INITIATIVE ORDINANCE AND BALLOT MEASURE, PROPOSING THE "PHASE -OUT AND PERMANENT BAN OF NON -HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT AREAS IN THE CITY OF LA QUINTA," AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS (C) Adopt Resolution No. 2022-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING, THAT THE BOARD OF SUPERVISOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONSOLIDATE WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AND THE STATEWIDE GENERAL ELECTION TO MINUTES Page 11 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JDINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 321 BE HELD ON THAT DATE, AN INITIATIVE ORDINANCE AND BALLOT MEASURE TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF LA QUINTA PROPOSING THE "PHASE -OUT AND PERMANENT BAN ON NON -HOSTED SHORT-TERM VACATION RENTALS IN NON- EXEMPT AREAS IN THE CITY OF LA QUINTA," BY DECEM BE 311 2024 Motion passed unanimously. STUDY SESSION — CITY COUNCIL AND HOUSING AUTHORITY 1. DISCUSS FISCAL YEAR. 2022/23 PRELIMINARY PROPOSED BUDGET Finance Director Martinez presented the staff report, which is on file in the City Clerk's Office. Council discussed the deficit in the Lighting and Landscape Fund; need to protect all sources of revenue; developer reimbursement schedule; and gratitude to staff for a clear and thorough report. 2. DISCUSS FISCAL YEAR 2022/23 PROPOSED HOUSING AUTHORITY BUDGET Finance Director Martinez presented the staff report, which is on File in the City Clerk's Office. Council discussed the Redevelopment Agency (RDA) Loan Repayment; and Fund 243 RDA Law -head Housing budget. ADJOURNMENT — HOUSING AUTHORITY There being no further business, a motion was made and seconded by Authority Members Radi/ritzpatrick to adjourn the Housing Authority special meeting at B:IO p.m. Motion passed unanimously. PUBLIC HEARINGS — CITY COUNCIL 1. ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019- 000E (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019- 0005; INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT MINUTES Page 12 of 10 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD 10INTLY WITH HOUSING AUTHORITY SPECIAL MEETING 322 AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58,F NORTH OF AVENUE 60 AND EAST AND WEST OF MADISON STREET [RESOLUTION NOS. 2022-021 AND 2022-022; ORDINANCE NOS. 600 AND 601] Consulting Planner Criste and planning Manager Flores presented the staff report, which is on file at the Clerk's Office. Consultant Rosalyn Prickett, Senior Water Resources planner with civil engineering firm Woodward and Curran provided additional information on water suppler assessments (WSA). Council discussed greenhouse gas emissions and the visual impact of encompassing walls would exist for any type of development; the impacts of greenhouse gas emissions, visible walls, and construction noise is equal to or less than that of the formally approved residential/golf course plan being amended; this project may require more grading than the original residential/golf course project; traffic impact for this project will be less than the original residentlaljgolf course plan; for historical water demand purposes, the area will be designated as vacant laird; the number of intersections to be included in the traffic study; the regional impact of traffic, specifically on Interstate 10; lighting containment on -site; lighting impact study included the 80' poles, the resort/commercial, and the residences; the lighting impact from the 80' poles could be mitigated by reducing the hours they are lit; the timeline for full build out; Andalusia started developing about 20 years ago, and is not yet fully built out; market demand for golf course community housirFg; reliance on Coachella Valley Water District (CV D) experts to review the WSA for accuracy and sufficiency; CVWD experts based their approval on the previous Urban Water Management Plan, not the most currently adopted Plan (Plans are updated every five years); the source of water proposed, and the means of water discharge; comparison of nearby bodies of water - Lake Cahuilla 133 acres, and combined Trilogy, Quarry, Andalusia 55 acres (for aesthetics and backup irrigation), versus the pool and two lakes of this project 27.6 acres; the need for expert forecasting of long-term weather patterns in order to evaluate water usage; CVWD's long-range Plan incorporates all available water sources as well as conservation; and possibility of requesting an updated WSA based on the current severe drought conditions. MAYOR EVAN5 DECLARED THE PUBLIC HEARING", 0PEN AT 9:18 P.M. PUBLIC SPEAKER; John Garnlin, President, CM Wave Development -- provided a detailed presentation of the project. MINUTES Page 13 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 323 Council discussed incorporating shade structures and trees; use of soft surface materials for walkways and paths as much as possible; the public trail along the base of Coral Mountain and its connection to other existing and planned trails; and public access by reservation to the hotel and dining. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 9:48 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M. WITH ALL MEMBERS PRESENT The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments, in -person and via teleconference (Zoom), as follows: ■ Penny Boehm, La Quinta (in -person) - supports the project on behalf of herself, her husband and two adult children • Tracy Bartlett, La Quinta (in -person) - a UC Palm Desert certified California Naturalist and California Climate Steward; presented a Power Paint regarding historic temperature change; opposes the project • Katie Barrows, La Quinta - opposes the project • La Quinta Residents for Responsible Development (LQRRD) - opposing the project: Derek Wong, La Quinta (in -person) - petition against the project V Judy Hovjacky, La Quinta (in -person) - pool cleanliness, light Bob Lasser, La Quinta (in -person) - [used speaker time donated by residents Catherine Smithweiss and Judy Gavigan} - 2035 General Plan v Carolyn Winnor, La Quinta (in --person) - [used speaker time donated by resident Richard Harris] - noise v Sheila Warren, La Quinta (in -person) - light V Donna Williams, La Quinta (ZOOM) - public safety V Lori Kilburn, La Quinta (in -person) - basis of zone change to Tourist Commercial v Carol Strop, La Quinta (in -person) - not in harmony Phil Novak, La Quinta (in -person) - carbon footprint Alena Callimanis, La Quinta (in -person) - Fused speaker time donated by residents Duncan Waadhn, Howard Weiss, and Karen Thomas] - water crisis +� Rick Roth, La Quinta (in -person) -- [used speaker time donated by resident Sheryl Weiss] - revenue and costs to City • Brad Anderson, Rancho Mirage (in -person) - apposes the project • Joe Hammer, Indian Wells (in -person) -- [used speaker time donated by Elizabeth Hammer] - La Quinta landowner, supports the Project • Kim Hammer, Indian Wells (in -person) - supports the project MINUTES Page 14 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING 324 • Bruce Krider, La Quinta (in -person) - [used speaker time donated by resident Dennis McLatcher and Laura Dolata] - opposes the project ■ Tom Jensen, La Quinta (Zoom) - opposes the project • Colin Barrows, La Quanta (Zoom) - opposes the project • Gianna Wright, La Quinta (Zoom) - opposes the project • Jessica Lenz, La Quinta (Zoom) - opposes the project M Sandy Hernandez, La Quinta (Zoom) - member Cactus -to -Cloud Institute, opposes the project * Kathy Weiss, La Quinta (Zoom) - opposes the project Alex De La Cru7-, La Quinta (Zoom) - apposes the project • Juline Holliday, La Quinta (Zoom) - apposes the project • Elizabeth Erick -son, La Quinta (Zoom) -- a UC certified California Naturalist and California Climate Steward; opposes the project The following WRITTEN PUBLIC COMMENTS, in OPPOSITION of the project, listed in alphabetical order, were received, distributed to Council, made available on the City's website, and included in the record of this meeting: • Edward Armendarez • Sally and Robert Arroyo • Fritz Bachli • Tracy Bartlett and Katie Barrows • Guy and Barbara Bishop • Alena Callimanis • Eve Castles • Scott Connelly • Richard G. Dale, JD • Patricia Jones • Angie Lafferty • La Quinta Residents for Responsible Development • Marge Pierce • Susan Rosenberg • Linda Joy Galas • SBEMP - Bruce Sauer, Attorney • Joan Speer • Susan St. Louis • Dorian Whitney • Derek Wong • Gianna Wright The following 1RITTEN PUBLIC COMMENTS, in SUPPORT of the project, listed in alphabetical order, were received, distributed to Council, made available on the City's website, and included in the record of this meeting: • Karen Ahaesy • Wesley Ahlgren • Tian Allinson • Maria Allgood • Jon Arman • Justin Ayre • Ton7 and Cynthia Pvuza • John Caskey • Jito Chadha • Frank Chanault • Came Chantrel • Gerald Chertavian • Mike Courson • Clay DellaCava • Ian deQueiroz • Douglas Durkin • Matt Ginella • Kent Goldman MINUTES Page 15 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTIY WITH HOUSING AUTHORITY SPECIAL MEETING 325 • Jeff Gordon • Matthew Gray • Chris Grovv • David Henry • Scott Hudgins • Britt Joyce • Davin Kazama • Deborah Kent -Clark • Sid Landolt • ❑avid Leff • Rob Leff • Jenny M. • Andrew Mackenzie • Logan Mal'oul= • Cory Martin • Thomas McDaniel • Kai McDonald • Carl 1. Montante III Scott Moore • Breene Murphy • Kevin Murphy • Leah Nappi and Family • Kevin Parra • Garrett Paul • Danica Bujic Perez • Michael Pinto • Mark and Logan Platzer • Carrie Schwab Pomerantz • Marie Radirnsky • Lee Redmond • Mike Regan • Chuy Reyna • Keenan Rice and Family • Tatiana Ruvelson • Hunter and Tyson Solomon • Courtney Schwab • Samantha Schwab • Bruce Steel • Dave Stein • Paula Turner • Connie Varelli • Visit Greater Palm Springs • Lee Vosburgh • Jason and Molly Waggoner Circe Wallace • Greg Washer • Frank Weigel • ❑oug Weitman • Carter Westfall • Kevin Wright PUBLIC SPEAKER IN -PERSON: Jaynes Vaugh, Esq., CEQA and land use counsel for the project - provided rebuttal comments to the public comments with regards to water usage, evaporation, drought, groundwater replenishment, accuracy of WSA data, lighting, noise, special events, zone change, STVRs, economics, greenhouse gas emissions, and visual and traffic impacts. PUBLIC SPEAKER IN -PERSON: Alena Callimanis, La Quinta - stated that there are several inaccuracies in the reports. Council discussed double standards regarding this project and other developments with lakes; apposing interests regarding STVRs; Cit 's limited control over this private property; being put in the position of having to decide policy for CVWD and IID`, and the responsibility of Council to openly and Objectively review any development proposal submitted to the City. THE PUBLIC HEARING REMAINED OPEN MINUTES Page 16 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTIrY WITH HOUSING AUTHORITY SPECIAL MEETING 326 MOTION — A motion was made and seconded by Counciirnembers Radij Sanchez to continue this Public Hearing at a special meeting to be held July 5, 2022, at 4.00 p.m. Motion passed unanimously. DEPARTMENTAL REPORTS -- All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS - none REPORTS AND INFORMATIONAL ITEM_$ La Quinta's representative for 2022, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELL.A VALLEY CONSERVATION COMMISSION • CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE • CVAG EXECUTIVE COMMITTEE La Quinta's representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the foli:owing organization's meeting: • COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta's representative for 2022, Councilrnernber Pena reported on his participation in the following organizations' meetings: • III`) ENERGY CONSUMERS' ADVISORY COMMITTEE • SUNLINE TRANSIT AGENCY La Quinta's representative for 202-2, Councilmember Radi reported on his participation in the fallowing organization's meeting, • CVAG TRANSPORTATION COMMITTEE COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED .SESSION AT 1: 22 A. NJ. CLOSED SESSION — CONTINUED 4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND UNREPRESENTED EMPLOYEE: CITY MANAGER MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 1:.31 A.M. WITH ALL MEMEERS PRESENT MINUTES Page 17 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JDINTIrY WITH HOUSING AUTHORITY SPECIAL MEETING 327 REPORT ON ACTION(5) TAKEN IN CLOSED SESSION: City Attorney 1hrke reported no actions were taken on Closed Session Item No. 4 that require reporting pursuant to Government Cade section 54957.1 (Brawn Act). There being no further business, a motion was made and seconded by Councilmernbers Fitzpatrick/ Radi to adjourn at 1,31 a.m. Motion passed unanimously. Respectfully submitted, v MONIKA RADFVA, City Clerk City of La Quinta, California MINUTES Page 18 of 18 JUNE 7, 2022 CITY COUNCIL REGULAR MEETING HELD JOINTIY WITH HOUSING AUTHORITY SPECIAL MEETING 328 ITY COUNCIL PECIAL MEETING MINUTE TUESDAY, JULY 5, 2022 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 4,02 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: Bane STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Public Works Director/City Engineer McKinney, Finance Director Martinez, Design and Development Director Castro, Planning Manager Flares. CONSULTANT PRESENT: Planning Consultant Nicole Criste, CEO, Terra Nova Planning & Research, Inc. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Brad Anderson, Rancho Mirage — opposed the Council's motion from the 3une 21, 2022, regular Council meeting, regarding implementing Assembly Bill 361 (Stats. 2021, CH. 165), enacted in response to the state of emergency relating to novel coronavir-us disease 2019 (COVID- 19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seg.). Mr. Anderson said he believes Council's action was illegal; and asked that Council reconsider- its motion. City Attorney Ihrke explained that AB 361 was enacted to allow an alternative teleconference accessibility for attendance- and participation of public meetings of the City's legislative bodies, which allowed local agencies to continue to meet remotely, following the COVID-19 pandemic. The CITY COUNCIL MINUTES Page 1 of 7 JULY 5, 2022 SPECIAL MEETING 329 teleconference provisions under AB 361 permit teleconference accessibility but do not rewire it. CONFIRMATION OF AGENDA - Confirmed PUBLIC HEARING 1. REMAINED OPEN AND CONTINUED FROM JUNE ?, 2022: CONTINUE PUBLIC HEARING FOR ENVIRONMENTAL ASSESSMENT 2019-0010, SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, DEVELOPMENT AGREEMENT 2021-0002 AND TENTATIVE TRACT NEAP 2019-0005, AT THE APPLICANT'S REQUEST; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LCCATION: SOUTH OF AVENUE 58, FORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET Mayor Evans said this item was considered for the first time by the Council at the June 21, 2022, curing which Council received a presentation of the staff report, the Environmental Impact Report (EIR), a presentation from the applicant, and verbal and written public testimony; consideration of the item was continued to this July 5, 2022, special Council meeting; and the applicant has requested a continuance of this itern. MAYOR EVANS NOTED THE PUBLIC FEARING REMAINED OPEN AT THE JUNE 7, 2022, MEETING Mayor Evans requested that the applicant speak regarding the request for continuance; and noted that all public testimony to date, bath written and verbal, has been received, and is on file and incorporated into the public record for the project, and public testimony at tonight's meeting should not be repetitive of prior comments that are already on file, and should be regarding the applicant's request for continuance. Mayor Evans said the City has received numerous comments questioning why this project is being considered and asked City Attorney Ihrke to explain the due process to which every property owner is entitled. City Attorney Ihrke explained that anytime the City receives an application for a land use, approval is rooted in the due process clauses in the Federal and California State - constitutions which allow for zoning regulations, land use controls and other property regulations all of which require applicants and cities to follow a review process. California has delegated to cities, authority over land use in their CITY COUNCIL MINUTEES Page 2 of 7 JULY 5, 2022 SPECIAL MEETING 330 jurisdictions provided cities` Municipal Code, Zoning Cade, General plan, etc. are not inconsistent with the Federal and State constitutions. PUBLIC SPEAKER; John Garnlin, President, CM Wave Development - explained the applicant's request to continue the item by 60 days to allow the company to explore alternatives regarding fighting and neighbor concerns, and to seek guidance and clarity from State agencies regarding water use and noise legislation. Council's questions and comments were about water not being the major issue at present but the need to have goad reason to amend the zoning code which requires finding solutions to the project's impacts such as noise, lighting, pool temperatures, pool cleanliness, pool evaporation, rising humidity, long range and regional impacts, quality of Cife for residents, and the project's benefit to residents and area housing; no local government or public agency has the authority to deny any land use application without due process; and applicants have the right to due process, a fair and transparent process, and that includes this first request for a continuance. PUBLIC SPEAKER; Richard Gray, La Quinta - requested that Council deny the request for continuance; and opposed the project due to drought conditions. PUBLIC SPEAKEPU Scott Connelly, La Quinta - opposed the project; noted that the project is getting national attention on the John Oliver show; and thanked the Council for their thorough consideration and attention to residents' comments. PUBLIC SPEAKER: Penny Boehm, La Quinta - submitted a Request to Speak form noting she will wait until the next meeting to speak on this project; and provided written comments requesting that no public testimony is received at tonight's meeting. PUBLIC SPEAKER: Brian Levy, La Quinta [received speaker donated time by resident Dennis McLatcher] - said he opposes continuing the project; noted everyone is entitled to due process; asked that there be a level playing field in which residents are allowed sufficient time to review and digest the new information that the applicant might provide in September in order t❑ be able to provide comments. PUBLIC SPEAKER: Lisa Jefferey, La Quinta [received speaker donated time by resident Sandy Lanham] --- opposed the project and spoke about the evaporation data in C WD's water report; and stated that a golf course uses significantly less water per year. CITY COUNCIL MINUTES Page 3 of 7 JULY 5, 2022 SPECIAL MEETING 331 PUBLIC SPEAKER: Louis Zakin, La Quinta [received speaker donated time by resident Sheila Warren] spoke on behalf of Rick Roth -- opposed the project; presented a 13-year financial analysis of the project based on the information attainable which foresees a 91% chance of bankruptcy within 13 years; wave parks are an unproven venture; and any economic advantages of the project do not justify the unmitigated ecological impacts. PUBLIC SPEAKER: Steve Jefferey, La Quinta [received speaker donated time by resident Rick Duren] ` opposed the project and spoke about the new information on noise impacts from wave parks to surrounding communities; and cities' responsibility to protect its residents from noise, including low - frequency noise; and requested the EIR be recirculated after a more complete on -site noise study is done using current standards as the current study is flawed. PUBLIC SPEAKER: Ale na CaIIimanis, La Quinta [received speaker donated time by residents Andrea Lawent, -7udy Hor]acky, and Richard Harris] - opposed the project and spoke about flaws in the noise study; the value of homes in the area on the County tax rolls; the impact of the project's water use on the aquifer absent availability of Colorado River water; the unmitigated greenhouse gas emissions; and the meeting with Lisa Castro and the letter from the applicant's legal counsel, who was not in attendance of that meeting. Ms. Callimanis provided a slide show which was printed and distributed to Council, made publicly available to attendees at the meeting, and included in the public record for this meeting. Councilmember Radi explained his comment about resident Lisa Castro's correspondence was not an interpretation of his position on the project, but rather he appreciated that fps. Castro's comments were well written, on point, constructive, and respectful. PUBLIC SPEAKER: Kathrine Chevalier, La Quinta [received speaker donated rime by resident Bobbie Fleury] - spore about Imperial Irrigation District's (IID) energy crisis and its commitment to provide power to only Phase 1 of the project as noted in the EIR which is now Invalid; and opposed the project. PUBLIC_ SPEAKER: loan Sanka, La Quinta - opposed the project due to the historic natural environment and its destruction by this project; the importance of La Quinta`s hiking trails; and the restriction of access and obstruction to the area trails. PUBLIC SPEAKER: Carol Strap, La Quinta - opposed the project and the applicant's request for continuance; and suggested alternative uses for the land. CITY COUNCIL MINUTES SPECIAL MEETING Page 4of7 JULY 5, 2022 332 PUBLIC SPEAKER: Dorothy Dupree, La Quinta - opposed the project and the applicant's request for continuance due to water use. Council discussed the developer's right to due process where the developer has an opportunity to make his case, as does the public; and time is needed to read and digest the new information, and to explore the valid points raised during public comment. City Attorney Ihrke explained that if Council refused to give developers their due process, the developers' remedy would be to obtain a writ of mandate from the court to compel the Council to comply with state and federal law. PUBLIC SPEAKER: Brad Anderson, Rancho Mirage - opposed the project; and said the matter needs to be continued because the Council suspended AB 361 for this meeting so those who may have wanted to attend virtually are not able to do so. City Attorney Ihrke reiterated the AB 361 teleconference accessibility pursuant to the Brown Act is permissive and not required, and Council has the discretion to implement such accommodations. The public hearing notice for this item complied with the content and publication requirements under the Planning and Zoning State law. The teleconference accessibility in effect at the .dune 7, 2022, Council meeting, were amended by a subsequent Council action on June 21, 2022, which is currently in effect for tonight's meeting, and teleconference accessibility will be made available in instances when in -person public meetings are not passible, due to health and safety risks due to COVID-19, and public meetings need to be conducted virtually instead. Council continued their discussion regarding the importance of public input and the publications and information residents provided to Council; the learning experience during the process; that decisions are made based on facts and fairness, and Council's motions are not predetermined; appreciation for residents who provide facts, not just demand the Council deny the project; emails received by Council both pro and con, respectful and disrespectful; the technical assessment required of the Planning Commission; the boarder view of the Council in reviewing a project; and the hurdles the applicant has to overcome to design a project that is a benefit to the community and has the support of residents and Council. City Attorney Ihrke said the Council can request that the developer provide updated, revised information for the Council, staff and residents to review prior to the next Council hearing date on the project. CITY COUNCIL MINUTES Page 5 of 7 JULY 5, 2022 SPECIAL MEETING 333 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:51 P.N. MAYRG EVANS RECONVENED THE COUNCIL MEETING AT .5: S9 P.M. WITH ALL MEMBERS PRESENT PUBLIC SPEAKER: John Garnlin, President, CM Wave Development agreed that his company and its consultants could do their analysis and submit the bulk of any new information alternatives to City staff by August 15, 2022, and the remainder- of new information could be submitted no later than 10 days prior to the next hearing date on the project (September 21, 2022). PUBLIC _BLEAKER. Phillip Novak, La Quinta - asked the Council to provide residents with an equal amount of time, i.e., two months, if they request it in order to complete their review and analysis of the new information the developer submits. THE PUBLIC HEARING REMAINED OPEN UNTIL SEPTEMBER 21, 2022 MOTION - A motion was made and seconded by Councilmembers Pena/Radi to continue this Pubiic Hearing at a special meeting to be held an Wednesday, September 21, 2422, 4:00 p.m., at City Hall. motion passed unanimously. The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received, distributed to Council, made available on the City's website, and included in the record of this meeting: • Brad Anderson, Rancho Mirage- - opposed the removal of AB 361 • Penny Boehm, La Quinta -- supports the applicant's request for continuance, and requested that no public comments be allowed on the project that are not related to the request for- continuance • Wendy Clarke, La Quinta - opposed the project • Judy and Russell DeCausemaker, La Quinta - opposed the project • Christopher Lovrien, La Quinta - supports the project • Shay Nadler, La Quinta - opposed the project • Celeste Varela, La Quinta - opposed the project Kathy Weiss, La Quinta - provided an article entitled "Water Wars Come to the Suburbs" MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Pura congratulated everyone on the country's celebration of Independence Day. Mayor Evans reminded the audience that the Nine Cities Blood Challenge is currently underway and encouraged Folks to donate blood; noted Amazon's CITY COUNCIL MINUTES Page 6 of 7 JULY 5, 2022 SPECIAL MEETING 334 new partnership as a donor to the Find Fool Bank; and reported on her attendance at the Chamber of Commerce installation awards dinner and the, meeting with the Desert Valley Builders` Association. ADJOURNMENT There being no further business, a motion was made and seconded by Councilrnembers Pena/Radi to adjourn at 6:10 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quirta, California CITY COUNCIL MINUTES SPECIAL MEETING Page 7 of 7 DULY 5, 2022 335 DRAFT CITY COUNCIL RESOLUTION NO. 2022 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH #2021020310) FOR THE CORAL MOUNTAIN RESORT PROJECT; ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2019-0010 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the City Council of the City of La Quinta, California did, on June 7, July 5 and September 21, 2022, hold a duly noticed Public Hearing to consider Environmental Assessment 2019-0010 and its Environmental Impact Report (EIR, SCH #2021020310), as mandated by State law for the Coral Mountain Resort Project consisting of a master planned community on 386 acres of a 929 acre area located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as: Assessor Parcel Numbers (APNs): 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001,766-080-002,766- 080-004 & 766-080-005 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-010 to recommend the City Council certify Environmental Assessment 2019-0010 at a duly noticed Public Hearing on April 26, 2022, following public hearings held on March 22, and April 12; and 336 DRAFT City Council Resolution No. 2022 - XXX Environmental Assessment 2019-0010 Environmental Impact Report SCH #2021020310 Project: Coral Mountain Resort Adopted: Page 2 of 5 WHEREAS, pursuant to Section 21067 of the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) ("CEQA"), and Section 15367 of the State CEQA Guidelines (Cal. Code Regs., Tit. 14, § 15000 et seq.), the City of La Quinta ("City") is the Lead Agency for the Proposed Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR for the Coral Mountain Resort on or about February 17, 2021, and it was transmitted to the State Clearinghouse, local and regional agencies, and posted at the Riverside County Clerk's office for a 30-day comment period where comments and participation were sought from the public and all interested and affected groups and agencies; and WHEREAS, on or about June 20, 2021, the City published a Notice of Availability ("NOA") which initiated a 45-day public review and comment period of the Draft EIR for the Proposed Project and released the Draft EIR for public review and comment between June 22 and August 6, 2021; and WHEREAS, pursuant to State CEQA Guidelines Section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and other interested parties during the 45-day public review and comment period and received 98 comments; and WHEREAS, the City has prepared a Final EIR, consisting of the comments received during the public review and comment period on the Draft EIR, written responses to those comments, revisions to the Draft EIR and a Mitigation Monitoring and Reporting Program. For the purposes of this Resolution, the "EIR" shall refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final EIR; and WHEREAS, the environmental impacts identified in the EIR that the Lead Agency finds are of no impact or constitute a less than significant impact and do not require mitigation are described in Sections IV and V of Exhibit A; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the Lead Agency finds can be mitigated to a less than significant level through the incorporation of feasible Mitigation Measures identified in the EIR are described in Section III of Exhibit A; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the Lead Agency finds cannot be mitigated to 337 DRAFT City Council Resolution No. 2022 - XXX Environmental Assessment 2019-0010 Environmental Impact Report SCH #2021020310 Project: Coral Mountain Resort Adopted: Page 3 of 5 a less than significant level, despite the imposition of feasible Mitigation Measures identified in the EIR are described in Section II of Exhibit A; and WHEREAS, alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section VI of Exhibit A; and WHEREAS, the Mitigation Monitoring and Reporting Program setting forth the mitigation measures to which the Lead Agency shall bind itself in connection with the Proposed Project, is attached hereto as Exhibit B; and WHEREAS, prior to taking action, the Lead Agency has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings; and WHEREAS, the EIR reflects tl Council and is deemed adequate for merits of the Proposed Project; and e independent judgment of the City purposes of making decisions on the WHEREAS, the Lead Agency has not received any comments or additional information that constituted substantial new information requiring recirculation under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and WHEREAS, all the requirements of CEQA, and the State CEQA Guidelines, have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 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 Findingsof the City Council. 338 DRAFT City Council Resolution No. 2022 - XXX Environmental Assessment 2019-0010 Environmental Impact Report SCH #2021020310 Project: Coral Mountain Resort Adopted: Page 4of5 SECTION 2. That the City Council does adopt the Statement of Overriding Considerations contained in Section VII of Exhibit A, attached hereto and incorporated herewith by this reference. SECTION 3. The City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit B. Implementation of the mitigation measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 4. The City Council finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines and that the EIR reflects the independent judgment and analysis of the City Council. The City Council declares that no evidence of new significant impacts as defined by the State CEQA Guidelines section 15088.5 have been received by the City Council after circulation of the Draft EIR which would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings. SECTION 5. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at La Quinta City Hall, 78-495 Calle Tampico, La Quinta, CA 92253. The custodian for these records is the City Clerk of the City of La Quinta or designee. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2). PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on September 21, 2022, by the following vote: AYES: NOES: 339 DRAFT City Council Resolution No. 2022 — XXX Environmental Assessment 2019-0010 Environmental Impact Report SCH #2021020310 Project: Coral Mountain Resort Adopted: Page 5 of 5 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 340 CEQA FINDINGS and STATEMENT OF OVERRIDING CONSIDERATIONS OF THE CITY COUNCIL FOR THE CITY OF LA QUINTA for the CORAL MOUNTAIN RESORT PROJECT 341 FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code Section 21000 et seq.) TABLE OF CONTENTS I. INTRODUCTION...................................................................... 1 ProjectDescription........................................................................................5 ProjectComponents.......................................................................................6 ProjectConstruction.......................................................................................7 ProjectImplementation ..................................................................................8 Responsible Agencies....................................................................................8 ProjectObjectives..........................................................................................9 II. FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS......................................................................9 Aesthetics.............................................................................................................10 Effectson scenic vistas..................................................................................10 Greenhouse Gas Emissions..................................................................................12 GHG Emissions that may Significantly Impact the Environment .................12 III. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH ARE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL..............................................................................17 Aesthetics.............................................................................................................17 Impact a Scenic Resources within a State Scenic Highway Corridor ...........17 Lightand Glare..............................................................................................19 AirQuality...........................................................................................................22 Cumulatively considerable net increase of any criteria pollutant..................22 Expose sensitive receptors to substantial pollutant concentrations ...............25 Biological Resources...........................................................................................28 Candidate, sensitive or special status species and Riparian habitat...............28 Movementof wildlife....................................................................................32 Consistency with local policies and applicable habitat conservation plan ....35 CulturalResources...............................................................................................35 Impacts to Historical Resources.....................................................................35 Impacts to Archaeological Resources............................................................37 Impacts to human remains.............................................................................39 1 342 IV. Geologyand Soils................................................................................................40 Expose People or Structures to Effects Involving Seismic -Related Ground Failure, including Liquefaction .............................40 Located on an Unstable Geologic Unit or Expansive Soil ............................42 Impacts to a Unique Paleontological Resource, Site or Unique GeologicFeature................................................................................45 Noise....................................................................................................................46 Consistency with Established Noise Standards/Increase in Ambient Noise Levels........................................................................46 Transportation......................................................................................................50 Consistency with an Applicable Plan or Policy Addressing the Circulation System.............................................................................50 Effect of a Geometric Design Features..........................................................55 EmergencyAccess.........................................................................................57 Tribal Cultural Resources....................................................................................58 Impacts to Significant Tribal Cultural Resources..........................................58 FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT..............................................................................................63 Aesthetics.............................................................................................................63 Effects to the Visual Character or Quality of the Site..................................63 AirQuality...........................................................................................................64 Consistency with implementation of applicable air quality plans andstandards...........................................................................................64 Create objectionable odors.............................................................................64 Energy..................................................................................................................65 Consumption of Energy Resources................................................................65 Consistency with a State or Local Plan for Renewable Energy or EnergyEfficiency....................................................................................65 Geologyand Soils................................................................................................67 Direct or Indirect Effects Involving Strong Seismic Shaking/Landslides ....67 Soil Erosion or Loss of Topsoil....................................................................67 Greenhouse Gas Emissions..................................................................................68 Consistency with Applicable Plan, Policy or Regulation .............................68 Hazards and Hazardous Materials.......................................................................68 Transport, Use, or Disposal of Hazardous Material, Including Accidental Release...................................................................................................68 ii 343 Effect on an Emergency Response Plan........................................................69 Riskof Wildfires............................................................................................69 Other Potential Hazards........................................................................................... 69 Hydrology and Water Quality..............................................................................70 Compliance with Water Quality Standards or Waste Discharge Requirements...........................................................................................70 Effect on of Groundwater Supplies or Interference with Groundwater Recharge..................................................................................................71 Potential Impacts from Alteration of Existing Drainage Patters ...................71 Inundation by Flooding, Seiche, Tsunami or Mudflow.................................71 Consistency with Water Quality Control Plan or Sustainable Groundwater ManagementPlan.....................................................................................72 Land Use Consistency with Any Land Use Plan, Policy or Regulation ........................75 Noise....................................................................................................................77 Generation of Ground Borne Vibration.........................................................77 PublicServices.....................................................................................................77 Transportation......................................................................................................78 Consistency with CEQA Guidelines section 15064.3, subdivision (b)[VMT]................................................................................................78 Utilities and Service Systems...............................................................................81 Require or Result in Construction of New or Expanded Facilities for Water, Wastewater, Drainage or Utilities............................................................81 Sufficiency of Water Supplies.......................................................................82 Wastewater Treatment System Capacity.......................................................82 Generate Excess Solid Waste.........................................................................82 Comply with Statues and Regulations Related to Solid Waste .....................82 V. FINDINGS REGARDING ENVIRONMENTAL EFFECTDS HAVING NO IMPACT.....................................................................................................89 BiologicalResources...........................................................................................89 Federally protected wetlands........................................................................89 Geologyand Soils................................................................................................89 Effects Involving Rupture from Known Fault..............................................89 Hazards and Hazardous Materials.......................................................................89 Hazardous Materials within'/4 mile of a school...........................................89 Sites with Known Hazardous Materials Pursuant to Government Code Section 65962.5.........................................................................90 iii 344 Effects Having No Impact and Not Analyzed Further in Draft EIR....................90 VI. FINDINGS REGARDING ALTERNATIVE ANALYZED THE DIER AND REJECTED..................................................................................................90 Alternative 1: No Project/No Build.....................................................................91 Alternative 2: No Project/Existing Entitlements..................................................92 Alternative 3: Reduced Density Alternative........................................................93 Alternative 4: The Golf/Resort Hotel Alternative...............................................94 Alternative 5: The Lake Amenity/No Hotel Alternative.....................................94 Additional Findings Regarding the Environmentally Superior Alternative ........95 VII. STATEMENT OF OVERRIDING CONSIDERATIONS .............................96 VIII. FINDINGS REGARDING CERTIFICATION OF FINAL EIR ..................100 iv 345 Final EIR SCH No. 2021020310 GPA 2019-0002, ZC 2019-0004, SP 2019-003, SP 2020-0002, TTM 2019-0005, SDP 2021- 0001, DA 2021-0002 The City of La Quinta (City) has prepared an Environmental Impact Report (EIR) for the proposed Coral Mountain Resort (Project) in compliance with the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq. as amended). I. INTRODUCTION The project proposes several applications allowing for the development of a master planned community with a hotel, recreational surf wave facility, as well as planned residential neighborhoods and commercial and recreational uses. The ultimate build -out of the approximately 386-acre Specific Plan area includes up to 600 residential units, a resort hotel with up to 150 keys and complementary resort uses and amenities, a 16.62-acre recreational surf facility, 57,000 square feet of tourist commercial uses, 60,000 square feet of neighborhood commercial uses, and additional open space and recreational uses totaling 23.6 acres. The applicant is requesting approval of a General Plan Amendment (GPA 2019-0002), Zone Change (ZC 2019-0004), Specific Plan (SP 2020-0002), a Specific Plan Amendment to SP 03- 067, Tentative Tract Map (TTM 2019-0005), Site Development Permit (SDP 2021-0001), and Development Agreement (DA 2021-0002), as a part of the entitlement process. The City distributed a Notice of Preparation (NOP) to prepare a Draft EIR for a 30-day comment period between February 17, 2021 and March 19, 2021. The NOP review period was extended until April 2, 2021 in order to include the Development Agreement in the project description pursuant to Article 2.5 of Chapter 4, Division 1, Title 7 of the State California Government Code. The comment period was extended to allow public comments until April 2, 2021. The NOP included an evaluation of the environmental topics that will and will not be analyzed within the Draft EIR. The evaluation was prepared using Appendix G, Environmental Checklist Form, in the California Environmental Quality Act (CEQA) Guidelines. The NOP was sent to the State Clearinghouse and to all responsible and trustee agencies, and to interested parties. Issues raised by agencies and the public in response to the NOP were considered in the preparation of the Draft EIR. The NOP and comments received are contained in Appendix A of the EIR. Based on the preliminary review conducted by the City and responses to the NOP, the City found that the Project could have potentially significant environmental effects, including effects on the following: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use, Noise, Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. In accordance with CEQA, the City determined the Project could have potentially significant impacts and determined that an environmental impact report should be prepared. 1 346 The Draft EIR was prepared and circulated for a 45-day public review period from June 22, 2021 to August 6, 2021. The Final EIR for the Project consists of the Draft EIR, revisions to the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received on the Draft EIR, and responses to those comments. A copy of the Final EIR was made available for public review and provided to all parties commenting on the Draft EIR at least 10 days prior to certification. The Final EIR evaluated potential effects for the following environmental areas: Aesthetics, Agriculture and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildfire. The Final EIR identified potentially significant environmental effects related to Aesthetics (scenic vistas, scenic resources, visual character, light/glare), Air Quality (construction -source and operational -source emissions), Biological Resources (sensitive species, sensitive habitat); Cultural Resources (historical resources, known and unknown cultural resources during project excavation); Geology and Soils (seismic -related ground failure, soil erosion, destruction of unique resources), Greenhouse Gas Emissions (generation of GHG emissions and conflicts with applicable plans), Noise (temporary construction noise and ground borne vibration, operational and traffic noise); Transportation (VMT, plan consistency, construction traffic, impacts related to special events); and Tribal Cultural Resources (known and unknown tribal cultural resources). The Final EIR determined that the potentially significant environmental impacts have been reduced to less than significant levels with implementation of the mitigation measures and adoption of the Mitigation Monitoring and Reporting Program designed to ensure compliance with mitigation measures throughout implementation of the project, with the exception of the significant and unavoidable impacts discussed in Section III below (scenic vistas and GHG emissions). The Final EIR identified no impact or less than significant impacts related to Agriculture and Forest Resources, Mineral Resources, Population and Housing, Recreation, and Wildfire. Public Resources Code Section 21081 and State CEQA Guidelines Section 15091 require that the City of La Quinta, as lead agency for this project, prepare written findings for any identified significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings under CEQA and the State CEQA Guidelines are: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen the significant effects on the environment. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 347 (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. Pursuant to Public Resources Code Section 21081(b) and State CEQA Guidelines Section 15091(a)(3), the City finds that the project will have significant and unavoidable impacts to aesthetics (adverse effect on scenic vistas), and greenhouse gas emissions, even after all feasible mitigation measures recommended in the Final EIR are implemented. The City finds that for each of the significant effects identified in the Final EIR, other than the aesthetic and greenhouse gas emission impacts identified above, changes or alterations (project design features and mitigation measures) have been required in, or incorporated into, the project which will avoid or substantially lessen each of the significant environmental effects identified in the Final EIR. The significant effects (impacts) and mitigation measures are stated fully in the Final EIR. The rationale for this finding for each impact is discussed below. After consideration of an EIR, the lead agency may decide whether or how to approve or carry out the project. For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City' Findings and determinations consists of the following documents and testimony, at a minimum: • The City's General Plan, as amended, and all environmental documents relating thereto; • The Draft EIR for the Project, including all Appendices thereto and all supporting materials referenced therein; • The Final EIR for the Project, including all comments on the Draft EIR, all responses thereto, and all supporting materials referenced therein; • The draft Specific Plan and all other application materials relating to the Project, as amended; • All testimony and written comments received prior to or at any public hearing relating to the Project, including the March 30, 2021 public scoping meeting, September 28, 2021 joint Planning Commission and City Council study session, the Planning Commission hearings on March 22, 2022, April 12, 2022, and April 26, 2022, and the City Council hearings on June 7, 2022, July 5, 2022, and September 21, 2022; • The groundwater management plan documents submitted to the City on April 23, 2022, which include (1) the Coachella Valley Regional Urban Water Management Plan (2021), (2) the CVWD Water Supply Assessment Fact Sheet (updated March 22, 2022), (3) the Indio Subbasin Water Management Plan Update — Compiled - Final (adopted December 2021), (4) Indio Subbasin Annual Report Workshop PowerPoint (March 17, 2022), and (5) Indio Subbasin Annual Report — Final (February 2022). • All reports of the City relating to the Project, including reports submitted to the City by expert consultants, and all supporting materials referenced therein; • All materials submitted by the project applicant relating to the Project, including reports submitted by expert consultants and all supporting materials referenced therein, which include without limitation the supplemental noise memoranda supplied by Meridian Consultants and Urban Crossroads on April 25, 2022 and April 26, 2022, respectively, the letter from Urban Crossroads dated May 25, 2022, and the letter from James Vaughn dated August 22, 2022 and all expert reports and other exhibits attached thereto; • The City staff reports relating to short-term vacation rentals (STVRs) dated March 1, 2022 and June 7, 2022, and the email from James Vaughn dated June 7, 2022, submitting these reports to be included in the record of proceedings for the Project; • These Findings made by the City and the Mitigation Monitoring and Reporting Program ("MMRP") adopted by the City for the Project; • All final City Staff reports relating to the Draft EIR, the Final EIR and/or the Project; • All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the Project, the Draft EIR or the Final EIR, prepared by the City, consultants to the County, or responsible or trustee agencies, or submitted to the City prior to the close of the City Council hearing on the Project; • All prior environmental impact reports and studies related to the Andalusia at Coral Mountain Specific Plan 03-067; and • All matters of common knowledge to the City, including but not limited to the City's policies, guidelines and regulations. The official custodian of the documents and other materials that constitute the record of proceedings is: City of La Quinta Planning Division 78495 Calle Tampico La Quinta, CA 92253 Phone: 760-777-7000 Hours: Monday — Thursday 7:30 a.m. to 5:30 p.m. and Friday 8:00 a.m. to 5:00 p.m. al Copies of all these documents, which constitute the record of proceedings upon which the City's decision is based, are, and at all relevant times have been, available upon request at the offices of the City, the custodian for such documents. PROJECT DESCRIPTION The project area encompasses 929 acres that are currently a part of the "Andalusia at Coral Mountain Specific Plan 03-067", which includes the area south of Avenue 58 and east and west of Madison Street. The area east of Madison Street encompasses the Andalusia Country Club property. The area west of Madison Street is currently vacant. Amendment V of Specific Plan 03- 067 is being processed to remove the area west of Madison Street from the Specific Plan area, thus, creating two separate and distinct communities, "Coral Mountain Resort", west of Madison Street, and "Andalusia Country Club", east of Madison Street. The applicant is requesting approval of the following entitlements, which if approved, would allow for and govern the development of the project site: • Specific Plan Amendment- The Specific Plan Amendment (Amendment V of Specific Plan 03-067) is being processed to remove the area west of Madison Street from the Specific Plan area, thus, creating two separate and distinct communities, "Coral Mountain Resort", west of Madison Street, and "Andalusia Country Club", east of Madison Street. The Specific Plan Amendment will result in only the deletion of the westerly 386 acres. No changes to land use designations, densities or intensities of uses, or development standards or guidelines are proposed for the lands east of Madison Street. It is expected that Andalusia will continue to build out under the requirements of the SPA. • General Plan Amendment- A General Plan Amendment (GPA 2019-0002) will amend the current General Plan land use designations for the Specific Plan Area from General Commercial, Low Density Residential, and Open Space — Recreation to Neighborhood Commercial, Low Density Residential, Tourist Commercial, and Open Space — Recreation. • Zone Change- The proposed Zone Change (ZC 2019-0004) will revise the existing zoning of the Specific Plan Area from Neighborhood Commercial, Low Density Residential, and Golf Course, to Neighborhood Commercial (CN), Low Density Residential (RL), Parks and Recreation (PR), and Tourist Commercial (CT). • Specific Plan- Approval of the Coral Mountain Resort Specific Plan (SP 2020-0002) will establish a new master plan governing the allowable land uses, design guidelines, and development standards for the 386-acre property west of Madison Street, to allow creation of a boutique resort and master -planned community. The project will result in a variety of land uses on the Specific Plan area's 386 acres. Low Density Residential land uses will occupy approximately 232.3 acres and result in a maximum of 496 dwelling units. Tourist Commercial land uses will include up to 104 dwelling units, 150 hotel rooms, and 57,000 square feet of private resort -serving commercial uses available to residents and hotel guests, on approximately 120.8 acres. Neighborhood commercial land uses will occupy approximately 7.7 acres, with up to 60,000 square feet of retail commercial uses available 5 350 to the general public. Open Space Recreation land uses will occur on approximately 23.6 acres in the southwest portion of the site. • Tentative Tract Map- The Tentative Tract Map (TTM 2019-0005) subdivides the property into smaller lots for development. The TTM will subdivide all of Planning Area III (PA III), and the western corner of PA II into lots suitable for the development of the uses permitted for these areas in the Specific Plan, and for ancillary facilities including streets. Future TTMs may be filed with each phase of development as necessary to implement the balance of the project. • Site Development Permit- The Site Development Permit (SDP 2021-0001) is required by the City to establish the location, architectural design and landscape plan for the Wave Basin along with associated mechanical equipment and improvements (Planning Area III- B). Future SDPs will be filed with each phase of development as necessary to implement the balance of the project. The SDP includes: • The Wave Basin site plan • Winch Plans and sections of the Wave Basin (the winches are located in the mechanical buildings and assist in making the waves) • Surf Lighting layout • Architecture Plans and elevations of the maintenance yard, maintenance building, water tank, water treatment building, north and south winch. • Photometric Plans for the lighting surrounding the Wave Basin • Landscape Architecture Plans for the proposed landscaped areas around the Wave Basin • Development Agreement- The Development Agreement (DA 2021-0002) would establish the responsibilities of the applicant and the City, including vesting the project approvals, establishing standards authorizing vacation rentals, and setting financial obligations of the development. PROJECT COMPONENTS The Project build out components include: • 600 Dwelling Units of varying types o 496 single family attached and detached dwellings and affiliated amenities (Low Density Residential land use) Low Density Residential product types may include estate compounds, single- family detached/attached units, alley loaded homes, and clustered products. o 104 resort residential units (Tourist Commercial land use) Resort residential product types may include single family detached units, townhomes, and stacked flats. • 60,000 square feet of publicly accessible neighborhood commercial building space Con 351 • 150-key resort with customary resort amenities o The Resort Hotel will provide a hospitality component, with amenities such as a restaurant and bar, retail shop, meeting space, swimming pool, fitness center, spa and lodging. o Lodging options will provide a range of traditional hotel rooms, suites, and casitas. • 57,000 square feet of resort -serving commercial and recreational building space o Residents and guests of the property will have exclusive use of resort commercial amenities. • The Wave Basin 16.62-acre artificial surf Wave Basin (approximately 12.5 acres of water surface area, plus decking and related improvements) o Residents and guests of the property will have exclusive use of the Wave Basin o Equipment and service space for the Wave Basin includes • Two approximately 6,000-square-foot winch areas, each having: • 1,900-square-foot winch buildings • 2,800-square-foot shade structures • 37,500-square-foot Service Yard, including: • 2,400-square-foot Maintenance Workshop • 2,400-square-foot Water Treatment building • 0.5-million-gallon (MG) Water Tank o The Specific Plan includes the potential occurrence of special events at this location involving attendance of up to 2,500 guests per day, for up to 4 days, and up to 4 events per year, subject to City approval of a temporary use permit. • 26.5 acres of graded area, south of the Wave Basin o Providing unprogrammed gathering and staging space for temporary equipment such as portable toilets, shade structures, tenting for inclement weather, event parking and catering equipment, as well as parking. • Approximately 24 acres of natural open space for low -impact active and passive recreational activities. o Including hiking, biking, and ropes courses. PROJECT CONSTRUCTION According to the Coral Mountain Specific Plan, project construction will occur in eight (8) primary development areas with buildout anticipated to occur in three primary phases. Each primary development area may be broken into subphases in response to market conditions and consumer demand. Phased development will be accompanied by the orderly extension of circulation and parking facilities, public utilities, and infrastructure in accordance with the final conditions of approval for the project. 7 352 The applicant proposes to commence construction of the Wave Basin first, due to longer construction timelines than the other uses within the Specific Plan. The Site Development Permit (SDP 2021-0001) for the Wave Basin described above is being processed concurrently with the initial entitlements. Following this entitlement and construction schedule, it is anticipated that the Wave Basin and other Tourist Commercial and Residential land uses will be completed and ready for occupancy at approximately the same time. PROJECT IMPLEMENTATION Should the project be approved, implementation would include the following entitlement processes: Tentative Tract Map (TTM) — In addition to the TTM which is part of the initial entitlements, future TTMs are intended to implement the project and subdivide the property into smaller lots for development. TTMs may be filed with each phase of development as necessary. Each TTM will require review by the Planning Commission. Site Development Permit (SDP): SDPs will be required by the City for final approval of landscape design, architectural design, and site plans for each phase of development. These may be processed concurrent with or subsequent to other entitlement approvals. Each SDP will require public hearings before the Planning Commission. Conditional Use Permit (CUP): Uses that require a CUP shall be processed in accordance with Section 9.210.020 of the La Quinta Municipal Code. Temporary Use Permit (TUP): TUPs are required by the City to accommodate special, unique, or limited duration activities that might otherwise be outside the provisions of normal zoning. Temporary uses are anticipated and allowed by the Specific Plan, subject to the City's TUP requirements set forth in Section 9.210.050 of the La Quinta Municipal Code. TUPs are reviewed administratively by the Design and Development Director and do not require a public hearing. RESPONSIBLE AGENCIES The following are anticipated responsible agencies which may rely on the Final EIR for their discretionary approvals required to implement the project: Imperial Irrigation District Approval or certification related to any other applicable general order, rule, or regulation concerning utility modification, conveyance, or delivery. Coachella Valley Water District Review and approval of the design and plans for the project's domestic water and wastewater systems. Colorado Regional Water Quality Control Board (Region 7) 0 353 Approval may include but is not limited to: (1) General Construction Stormwater Permit; (2) Standard Urban Stormwater Mitigation Plan; and (3) Submittal of a Recycled Water Report for the use of recycled water as a dust control measure for construction. Additionally, approval of a Water Quality Certification under Section 401 of the Clean Water Act may be required to verify compliance with water quality requirements (waste discharge and water quality). PROJECT OBJECTIVES The project has identified the following objectives: • To implement a plan that recognizes and responds to the natural and aesthetic character of the property. • To create a private resort community with a variety of interrelated and mutually supportive commercial and recreational land uses that will also generate transient occupancy and sales tax revenues in order to enhance the City's economic base and long-term financial stability. • To promote walkability and non -motorized connectivity as an integral part of the project design, including: (1) establishing residential neighborhoods that are linked through multi- use trails that connect neighborhoods throughout the project; and (2) providing "walk streets" in the Resort area to provide internal connection between facilities within the Resort and the Wave Basin. • To maintain the overall density previously included for this property in the Andalusia Specific Plan, while establishing a density hierarchy that situates the highest density development within the Resort and gradually reduces density toward the project perimeter and surrounding residential communities. • To provide a variety of open space and recreational uses (active and passive). • To design a planned community that compliments existing development in the surrounding area and is compatible with the surrounding environment. • To develop a high -quality private wave basin that provides unique recreational opportunities for future residents of the project, attracts resort guests, and creates a landmark facility that will enhance the City's reputation as the "Gem of the Desert." IL FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS This section identifies the significant unavoidable impacts that require a Statement of Overriding Considerations to be issued by the City upon approval of the project. Based on the analysis contained in the Final EIR, the following impacts to aesthetics and greenhouse gas emissions have been determined to be significant and unavoidable, after all feasible mitigation measures have been considered and adopted. These unavoidable impacts are overridden by the project benefits set forth in the Statement of Overriding Considerations in Section VII, below. Pursuant to Section 21081 of the Public Resources Code and Section 15091(a)(3) of the State CEQA Guidelines, the City of La Quinta finds that, for each of the following significant effects, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid these significant effects on the environment to the maximum extent feasible. Nevertheless, the City of La Quinta further finds that for each of the significant effects, specific economic, legal, I 354 social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. However, the City finds that with respect to the significant and unavoidable impacts described below, specific overriding economic, legal, social, technological or other benefits of the Project outweigh the significant effects on the environment, as more fully described in Section VII below, which is hereby incorporated by this reference. These findings are explained below and are supported by substantial evidence in the record of proceedings. AESTHETICS Effects on scenic vistas. The proposed project will result in potentially significant direct impacts to scenic views and implementation of all feasible mitigation measures will not reduce the impacts to a less than significant impact because development of the project site will result in obstructed and partially obstructed views of Coral Mountain and the Santa Rosa Mountains. The project's perimeter walls, landscaping, and structures will partially obstruct views of these scenic resources, which is considered a significant impact. To reduce project impacts to scenic vistas to the greatest extent feasible the project will implement Mitigation Measure AES-1, which requires the perimeter walls to be setback from the Madison Street and Avenue 58 public rights - of -way by a minimum average of 30 feet (10 feet more than required under the LQMC), which shall be confirmed through the City's review and approval of final perimeter wall and landscape plans, and Mitigation Measure AES-2, which requires a minimum setback of 75 feet between any residential structure and the Madison Street and Avenue 58 public rights -of -way, (refer to Section IV below). However, impacts associated with scenic vistas cannot be reduced to less than significant levels and will remain significant and unavoidable. Mitigation Measures: The project includes mitigation measures in the MMRP that is to be adopted concurrently with these findings. AES-1 The perimeter walls around the low density residential planning areas shall be setback from the Madison Street and Avenue 58 public rights -of -way by a minimum average of 30 feet (10 feet more than required under the LQMC), which shall be confirmed through the City's review and approval of final perimeter wall and landscape plans to reduce impacts to existing views of Coral Mountain and the Santa Rosa Mountains. AES-2 All residential structures shall be setback by a minimum of 75 feet from the Madison Street and Avenue 58 public rights -of -way to reduce impacts to existing views of Coral Mountain and the Santa Rosa Mountains. 10 355 Finding The City Council of the City of La Quinta finds direct impacts to the scenic resources of Coral Mountain and the Santa Rosa Mountains from development of the project site with perimeter walls, landscaping and structures, to be significant. Pursuant to Section 21081 of the Public Resources Code and Section 15091(a)(3) of the State CEQA Guidelines, the City of La Quinta finds that changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid these significant effects on the environment to the maximum extent feasible. Specifically, mitigation measures AES-1 and AES-2 will increase setbacks of the perimeter walls and residential structures to reduce impacts on views of these scenic resources to the maximum extent feasible. The City of La Quinta further finds that for this significant effect, any development of the site consistent with the City General Plan would have comparable impacts on views of these scenic vistas, and for this reason, finds that specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives, if any, identified in the Final EIR. In fact, the EIR did not identify any mitigation measures or project alternatives that would further reduce the project's unavoidable impact on views of these scenic vistas except the no project/no development alternative, which is inconsistent with the City's General Plan and deemed unacceptable by the City Council, as explained in more detail in Section VI below. Furthermore, the City finds that specific overriding economic, legal, social, technological or other benefits of the Project, including but not limited to generating transient occupancy and sales tax revenues to enhance the City's economic base and ensure its long-term financial stability, outweigh the significant effects on the environment, as more fully described in Section VII below, which is hereby incorporated by this reference. These findings are further explained below and are supported by substantial evidence in the record of proceedings. Facts in Support of Finding The project will result in potentially significant direct impacts to views of Coral Mountain. As shown in the line -of -sight analysis and visual simulations included as Exhibits 4.1-4 through 4.1- 13, the Wave Basin, hotel, and other proposed development in Planning Area III will not significantly impact views of Coral Mountain or the Santa Rosa Mountains due to the distance and intervening topography and improvements between this portion of the Project and the viewing locations from the surrounding roadways and communities (see Draft EIR pp. 4.1-22 through 4.1- 45). However, the perimeter walls, landscaping, and structures will obstruct some views of these scenic resources from the surrounding roadways and neighborhoods. These perimeter improvements will ensure that the Project is visually consistent and compatible with the surrounding residential communities, which also have such walls and landscaping. Moreover, these perimeter improvements would be required by the City for any permitted development of the site. Accordingly, none of the project alternatives, other than the no project/no development alternative, would substantially reduce or avoid this impact. While these impacts will be mitigated by AES-1 and AES-2 to the maximum extent feasible, the impacts are considered significant and unavoidable because the perimeter improvements associated with development of the project property will result in obstructed and partially obstructed views of Coral Mountain and the Santa Rosa Mountains. 11 356 GREENHOUSE GAS EMISSIONS GHG Emissions that may Significantly Impact the Environment. The annual GHG emissions associated with the operation of the proposed project after implementation of all feasible emission reduction measures, including both enforceable Project Design Features (PDFs) and Mitigation Measure GHG-1, are reduced to less than the applicable annual threshold of significance of 3.65 MTCO2e/service population (see Draft EIR Table 4.7-8). While implementation of Mitigation Measure GHG-1 would offset the GHG emissions generated by the project that are in excess of the applicable threshold, by reducing GHG emissions elsewhere through the purchase of carbon credits, it would not change the actual GHG emissions levels of the project itself. In addition, the purchase of carbon credits has not been widely used as mitigation for GHG emissions for residential and resort projects in the Coachella Valley, and therefore, the City Council finds that there is some uncertainty as to whether the purchase of carbon credits adequately, feasibly, and fully mitigates the project's impacts relating to GHG emissions to a less than significant level. Accordingly, the City finds that the project's potential impacts relating to GHG emissions remain significant and unavoidable. Project Design Features: The Specific Plan incorporates the following design features for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement and Specific Plan: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical 12 357 variables that differentiate pedestrian -oriented environments from auto -oriented environments. Voluntary Commute Trip Reduction Program — A multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double -counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. This project will implement an employer -sponsored vanpool or shuttle. A vanpool will usually service employees' commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer -sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer's purview, and rider charges are normally set on the basis of vehicle and operating cost. The project will design building shells and building components, such as windows; roof systems: electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which are expected to result in 30% less energy use for non-residential buildings and 53% less energy use for residential use due to lighting upgrades. The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on -site. In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: ■ Designating a certain percentage of parking spaces for ride sharing vehicles ■ Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles ■ Providing a web site or message board for coordinating rides The project will implement marketing strategies to reduce commute trips. Information sharing and marketing are important components to successful 13 358 commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: ■ New employee orientation of trip reduction and alternative mode options ■ Event promotions ■ Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. • Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Mitigation Measures: To mitigate potential impacts concerning GHG emissions, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP: GHG-1: Prior to the issuance of occupancy permits, the Project Applicant shall purchase a minimum of 72,000 MTCO2e credits (2,400 MTCO2e per year for 30 years). The purchase of carbon credits must be made from a CARB- approved carbon registry with independent third -party verification. Examples of approved registries include the American Carbon Registry, Climate Action Reserve, and Verra. The applicant shall submit documentation of the offset purchase to the City demonstrating that it mitigates a minimum of 2,400 MTCO2e per year (72,000 MTCO2e over a 30-year period), prior to any occupancy of the site. Alternatively, the Project Applicant may submit a GHG reduction plan to the City for approval that achieves an equal level of GHG reduction outlined herein. The GHG plan must include enforceable actions that reduce GHG emissions to at or below the total mitigated values presented herein. 14 359 Finding: The City Council of the City of La Quinta finds that impacts associated with GHG emissions generated by the proposed project are considered significant. Pursuant to Section 21081 of the Public Resources Code and Section 15091(a)(3) of the State CEQA Guidelines, the City of La Quinta finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid these significant effects on the environment to the maximum extent feasible. Specifically, the project design features listed above, including the project's mix of complimentary uses and enhanced connectivity that reduce vehicle miles traveled, and the increased energy and water efficiency measures, substantially reduce the project's GHG emissions. In addition, mitigation measure GHG-1 requires the purchase of carbon credits to partially offset the GHG emissions that will be generated by the project. Nevertheless, the City of La Quinta further finds that while implementation of Mitigation Measure GHG-1 would offset the GHG emissions generated by the project that are in excess of the applicable threshold, by reducing GHG emissions elsewhere through the purchase of carbon credits, it would not change the actual GHG emissions levels of the project itself. In addition, the purchase of carbon credits has not been widely used as mitigation for GHG emissions for residential and resort projects in the Coachella Valley, and therefore, the City finds that there is some uncertainty as to whether the purchase of carbon credits adequately and fully mitigates the project's impacts relating to GHG emissions to a less than significant level. Accordingly, the City finds that these specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives, if any, identified in the Final EIR. In fact, the EIR did not identify any mitigation measures that could feasibly reduce GHG emissions more effectively than the PDFs and Mitigation Measure GHG-1. Only the No Project and Reduced Density alternatives (Alternatives No. 1 and No. 3) would further reduce or avoid the project's impact regarding GHG emissions, and the City finds that these alternatives are unacceptable because they will not generate sufficient transient occupancy and sales tax revenue to enhance the City's economic base and ensure its long-term financial stability, and because these alternatives would require reducing the number of residential homes, both of which the City Council finds unacceptable, as described in more detail in Section VI below. Furthermore, the City finds that specific overriding economic, legal, social, technological or other benefits of the Project, including but not limited to generating transient occupancy and sales tax revenues to enhance the City's economic base to ensure its long-term financial stability, outweigh the significant effects on the environment, as more fully described in Section VII below, which is hereby incorporated by this reference. These findings are further explained below and are supported by substantial evidence in the record of proceedings. Facts in Support of Finding: The City of La Quinta relied on the SCAQMD's project level efficiency threshold methodology for determining the significance of a project's GHG emissions. Specifically, the City evaluated SCAQMD's project level 2020 target of no more than 4.8 metric tons of CO2 emissions (MTCO2e) per service population (SP) per year and its 2030 target of no more than 2.88 MTCO2e/SP per year, and determined that for the project's proposed 2026 buildout year, the appropriate threshold of significance was interpolated at 3.65 MTCO2e/SP per year (see Draft EIR, at pp. 4.7-9 through 4.7-10). The project emissions were calculated for all sources of 15 360 emissions, including construction emissions, operational emissions, and the maximum number of special events allowed per year, and as shown in Table 4.7-7 of the Draft EIR, the project was projected to generate a total of 17,270.47 MTCO2e per year, or 6.46 MTCO2e/SP per year. With implementation of the PDFs set forth above, the project's total GHG emissions are substantially reduced to 12,078.31 MTCO2e per year, which divided by the service population of 2,672 equals 4.52 MTCO2e/SP per year. As this still exceeds the City's threshold of significance of 3.65 MTCO2e/SP per year, the Draft EIR identified Mitigation Measure GHG-1 requiring the purchase of sufficient carbon credits to reduce the project's total GHG emissions by an additional 2,400 MTCO2e per year, which reduces the emissions per SP to 3.62 MTCO2e/year. This is below the threshold of significance of 3.65 MTCO2e/SP per year, and therefore, this mitigation would reduce the project's GHG emissions to a level of less -than -significant (see Draft EIR at pp. 4.7-13 through 4.7-20). However, as stated above, the purchase of carbon credits offsets the project's GHG emissions but does not eliminate the actual GHG emissions that will be generated by the project. In addition, the purchase of carbon credits has not been widely used as mitigation for GHG emissions for residential and resort projects in the Coachella Valley, and therefore, to ensure the maximum disclosure of this impact, the City finds that there is uncertainty as to whether the purchase of carbon credits adequately, feasibly, and fully mitigates the project's impacts relating to GHG emissions to a less than significant level. As a result, the City considers the project's GHG emissions to be significant and unavoidable, and the City is adopting a statement of overriding considerations as described above and in in Section VII below. The City Council reviewed and considered the Draft EIR comments relating to GHG emissions, including Comments 52-k, 79-h, 79-i and 79-q (which is a letter from SWAPE attached as Exhibit A to Comment letter 79). The City Council finds that these comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to GHG emissions, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. Rather, the City Council finds Final EIR Responses 52-k, 79-h, 79-I and 79-q persuasive, and hereby adopts those responses and incorporates them into the City Council's findings, analysis and conclusions regarding GHG emissions. The City Council also reviewed and considered all subsequent correspondence and comments received after release of the Final EIR, including the letters submitted by Mitchell Tsai, SWAPE, and Bruce Bauer. The City Council finds that these comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to GHG emissions, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. In particular, the City Council rejects the assertion in the April 12, 2022 letter from Mitchell Tsai and April 6, 2022 letter from SWAPE that the City has failed to adopt all feasible mitigation measures prior to making the findings set forth above regarding GHG emissions. Rather, the City Council accepts as accurate and persuasive the supplemental expert letter from Haseeb Qureshi at Urban Crossroads, dated May 25, 2022, which explains that all feasible GHG mitigation set forth in the comment letters referenced above, or their equivalent, have been adopted and imposed on the project, either as mitigation measures or enforceable project design features. The City Council finds that all other GHG mitigation measures identified in these comment letters, including the measures set forth in the April 6, 16 361 2022 letter from SWAPE, will not substantially reduce the project's remaining GHG emissions because all applicable and feasible measures from this list have been incorporated into the project. This conclusion is based on the supplemental expert letter from Mr. Qureshi, which is hereby incorporated into these findings by this reference. III. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH ARE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City finds that, for each of the following significant effects identified in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the identified significant effects on the environment, and further finds that all such effects will be mitigated to less than significant levels. The significant effects and mitigation measures are stated fully in the Final EIR and each of the mitigation measures have been imposed on the Project and are enforceable pursuant to the Development Agreement, as well as the MMRP and project conditions. These findings are explained below and are supported by substantial evidence in the record of proceedings. AESTHETICS Impact a Scenic Resources within a State Scenic Highway Corridor. There are no State or locally designated scenic highways in the vicinity of the proposed project. However, the City General Plan identifies views of the Santa Rosa Mountains from certain arterial roadways as "Image Corridors," which include the segment of Madison Street that lies east of the project site, as well as Avenue 58 and Avenue 60. In addition, a partially collapsed adobe house located near the center of the project area, along with concrete pads and footings associated with the residential and agricultural buildings of the ranch on the project site, may be the remains of structures dating from the 1920s or before. The site may also include the original trash pits or privies which, if located, could contain valuable artifacts revealing much about life in the harsh environment at such an early date. Per the findings of the Cultural Report, the site meets the definition of a historical resource and impacts to it would be significant. Mitigation Measures: To mitigate potential impacts concerning impacts to scenic resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: AES-1 The perimeter walls around the low density residential planning areas shall be setback from the Madison Street and Avenue 58 public rights -of -way by a minimum average of 30 feet (10 feet more than required under the LQMC), which shall be confirmed through the City's review and approval of final perimeter wall and landscape plans to reduce impacts to existing views of Coral Mountain and the Santa Rosa Mountains. 17 362 AES-2 All residential structures shall be setback by a minimum of 75 feet from the Madison Street and Avenue 58 public rights -of -way to reduce impacts to existing views of Coral Mountain and the Santa Rosa Mountains. CUL-1: A comprehensive recordation program shall be prepared by a qualified archaeologist for Site 33-008388. The program shall contain detailed drawings and measurements to preserve the information on the adobe building. Such information would include the floor plan, elevations, building materials and their configurations, and any other notable structural and architectural details. The adobe remains and an appropriate buffer determined by the project archaeologist shall be flagged and cornered off during all ground disturbance and preserved in place. Prior to the occupancy of any structure in Planning Area II, the adobe will be fenced off and an informational plaque describing the history of the ranch complex shall be provided, and the project proponent shall provide the City with the CC&Rs for the project area, demonstrating that the feature would be maintained in perpetuity by the project's Homeowners Association. Special attention should be given to the residence foundation, which, may be the remains of one of the earlier structures at the site, dating from 1920s or before. The footings and slabs at this location should be cleared and measured, and attempts should be made to locate the original trash pits or privies which could contain valuable artifacts revealing much about life in the harsh environment at such an early date. The scatter of artifacts has the greatest number of pre-1925 artifacts, mostly in the form of sun -colored glass, but also in brown and olive glass, porcelain, ceramics and more. There may be remains of an early structure near this point, hidden amidst the broad stand of tamarisk trees, an original windbreak. Search of these remains is required to ensure the most complete recovery possible of the early 20th century artifacts and features. Photos, measurements, and artifacts shall be catalogued, analyzed, reported, and curated at the Coachella Valley Museum (Love et al. 1998:54). Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant effect on scenic resources described above, and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effect as identified in the Final EIR, and the City Council further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures AES-1, AES-2, and CUL-1, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. IN 363 Facts in Support of Finding: As stated above, there are no State or locally designated scenic highways in the vicinity of the proposed project (Draft EIR at p. 4.1-45). The City General Plan identifies views of the Santa Rosa Mountains from certain arterial roadways as "Image Corridors," which include the segment of Madison Street that lies east of the project site, as well as Avenue 58 and Avenue 60. The Specific Plan includes a 22-foot maximum height on residential structures within a 150-foot setback distance from these perimeter roadways in compliance with LQMC § 9.50.020. In addition, mitigation measures AES-1 and AES-2 identified above will be implemented and will further reduce potential impacts to these Image Corridors, which avoid any significant effects on the City's Image Corridors (Draft EIR at p. 4.1-45). While the project site contains partially collapsed remains of an adobe structure that qualifies as a significant historic resource, Mitigation Measure CUL-1 will assure that this significant historic resource is protected, and as a result, there will be no impact relating to damage of a historic scenic resource (Draft EIR at p. 4.1-46 and Appendix E). In addition, due to the vandalized and deteriorated condition of the structure, and the fact that it is not readily visible to drivers and pedestrians on the perimeter roadways, this structure is not considered a significant scenic resource, even though it has historical significance. Based on the foregoing, with the implementation of mitigation measure CUL-1, the Project will not have a significant effect on scenic resources within a state scenic highway corridor. Light and Glare. The development site for the proposed project occurs on approximately 386 acres of vacant land with scattered vegetation throughout. The project site does not currently have existing sources of lighting. Presently, existing sources of fixed nighttime lighting in the project vicinity can be attributed to the existing residential areas located north, east and south of the site, which include landscape lighting along Madison Street, Avenue 58, and Avenue 60 east of Madison Street. The proposed project will result in potentially significant direct and cumulative impacts by creating a new source of light or glare which could adversely affect day or nighttime views in the area. Mitigation Measures: To mitigate potential impacts concerning light and glare, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: AES-3 The operation of the Wave Basin will be limited to the hours of 7:00 a.m. to 10:00 p.m., and the lighting will only be permitted between dusk and 10:00 p.m. to ensure compliance with the City's outdoor lighting requirements (LQMC 9.100.150) 19 364 Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant effects related to light and glare described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure AES-3, which has been adopted by the City and is enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: The Project will comply with the City's outdoor lighting requirements (LQMC 9.100.150), including the permitted hours of lighting, as well as the required shielding to prevent light and glare spillage outside of the Project site (Draft EIR at pp. 4.1-60 — 4.1-61). In addition, the majority of project lighting will consist of lighting typical of residential and commercial development and will fully comply with the City's Municipal Code requirements. With respect to the Wave Basin lighting system, the lighting analysis performed for the Project and included in the Draft EIR confirms that the originally -proposed 80-foot tall Wave Basin lighting would not emit light outside of the immediate area of the Wave Basin itself, and minimal to no glare will be perceived outside the Wave Basin planning area (Draft EIR at pp. 4.1-61 — 4.1- 64 and Exhibits 4.1-14 — 4.1-19). As further explained in the Final EIR at pp. 2-5 — 2-11, the 80- foot LED light fixtures proposed around the Wave Basin will be Musco Total Lighting Control (TLC) for LED technology fixtures, are the optimal height to allow for adequate lighting of the Wave Basin while maximizing the cut off angle to minimize the visibility of direct light and avoid up -lighting and light spill to adjacent areas. As shown on page 2-10 of the Final EIR, the Wave Basin lighting will drop to 0.01 foot candles (FC) within or immediately adjacent to the Wave Basin planning area boundary, which is an imperceptible light level (also see Final EIR Appendices B.1 and B.2). The Wave Basin lighting system fully complies with the City's "dark skies" lighting requirements set forth in Section 9.100.150 of the Municipal Code (Draft EIR at p. 4.1-62). Finally, mitigation measure AES-3 limits the Wave Basin lighting to the hours of dusk to 10:00 p.m., in compliance with the City's outdoor recreational lighting limitations (LQMC § 9.100.150). In response to requests made by City officials, an actual demonstration of the Musco TLC for LED lights proposed to be used for the Wave Basin was performed on November 17, 2021, from 7:00 p.m. to 8:00 p.m. Two poles and lighting fixtures were staged on -site, one at the exact height and location of proposed pole 8, which is the pole closest to Coral Mountain. The other was staged at the exact height of proposed pole 16 (the pole nearest adjacent residences) but was staged approximately 135' south of the proposed location (closer to the adjacent residences) due to physical access constraints. Although only two 600-Watt lighting fixtures are proposed for poles 8 and 16, to be conservative in disclosing impacts, four 1200-Watt fixtures were used for both poles to provide a demonstration of the proposed lighting system that exceeds the amount of lighting proposed in these two, most -sensitive locations. Light readings were taken before and 20 365 after the light fixtures were turned on and these readings validated and confirmed the computer modeling described in the Draft EIR and above. At 120-feet behind and to the side of each pole, the light readings were consistently at 0.01 FC, an imperceptible level that matched background light levels, indicating that these locations were receiving no light from the test fixtures. These test results are included and described in Final EIR Appendix B.2, which is incorporated herein by this reference. Following the Planning Commission public hearings and recommendation for project approval, and after receiving further public comment at and prior to the City Council hearings on June 7. 2022 and July 5, 2022, the applicant submitted specifications for a revised lighting system that reduces the height of the light poles from 80-feet to 40-feet, and reduces the number of fixtures on each light pole from 4 to 2. Based on both the original line -of -sight exhibits contained in the Draft EIR and the revised line -of -sight exhibits submitted by the applicant on August 22, 2022, neither the light poles nor the lighting itself will be visible from outside the project's perimeter walls. See Exhibit B to James Vaughn letter dated August 22, 2022. Moreover, based on the August 8, 2022 Memorandum from Musco Lighting and the lighting contour exhibit attached thereto, no perceptible level of light will extend outside the immediate Wave Basin area. See Exhibit C to James Vaughn letter dated August 22, 2022. Rather, the reduced height of the light poles and reduced intensity of the lighting has resulted in a reduction in overall size/extent of the 0.01 foot candle light contour, which reflects that the lighting is no longer perceptible outside the project site. The revised lighting contours take into account all aspects of the revised lighting system, which include an increase to fifty-four poles, but with only two, 550-watt light fixtures per pole (as opposed to the four, 1,200-watt fixtures previously proposed for some of the 80-foot poles and used during the November 2021 lighting demonstration). See Exhibit D to James Vaughn letter dated August 22, 2022. This change represents a reduction in the impacts analyzed in the Draft and Final EIR. The City Council reviewed the Draft EIR comments regarding concerns raised by the public over the Wave Basin lighting system and its potential impacts, including Comments 52-i, 83-z, 83-aa, 83-bb, 83-cc, 83-dd, and the two -page letter from Minagar & Associates, dated August 2, 2021, attached to Comment letter 83, and considered the comments made during the public hearings. Based on the information cited above in the Draft EIR, Final EIR, and Appendices, and the additional evidence presented at the Planning Commission and City Council hearings, the City Council finds that these comments, including the Minagar & Associates letter, do not accurately describe the proposed Wave Basin lighting or its effects on the surrounding communities, nor do they contain substantial evidence that the project will have any significant impacts regarding light and glare, or other aesthetic impacts, beyond what is disclosed in the Final EIR and set forth in these Findings. Instead, the City Council finds persuasive and adopts the substantial evidence, analysis, and conclusions set forth in Final EIR Responses 52-I, 83-z, 83-aa, 83-bb, 83-cc, and 83- dd, and hereby incorporates those Responses into these Findings. With respect to the "cones of light" described during the public hearings that may have been visible from outside the project boundaries with the original 80-foot light poles, the City Council finds, based on the additional line -of -sight exhibits and other substantial evidence presented prior to and during the public hearings, that with the revised lighting system with 40-foot poles, no portion of the Wave Basin lighting will be visible from outside the project boundaries. Furthermore, the project lighting is 21 366 considered consistent with the other sources of light and glare in the area and will not have any significant adverse effects on the surrounding communities or the public. Conclusion Through compliance with the proposed Specific Plan design guidelines, revised lighting system design, and existing City of La Quinta ordinances and requirements, as well as the implementation of Mitigation Measure AES-1, AES-2, and AES-3, development of the project would result in less than significant impacts to aesthetic resources, with the exception of impacts to scenic vistas of the Santa Rosa Mountains and Coral Mountain as described in Section III of these Findings. AIR QUALITY Cumulatively considerable net increase of any criteria pollutant The project's construction emissions (without mitigation) are shown in Table 4.2-5 of the Draft EIR and would exceed SCAQMD's regional threshold for volatile organic compounds (VOCs) during Phase 1 construction activities. Construction phases involving paving and architectural coating are sources of VOC and NOX emissions. The exceedance is caused by the overlapping of paving and architectural coating assumed in the analysis. The VOC emissions generated would therefore exceed SCAQMD thresholds for cumulatively considerable net increases in criteria pollutants, and thus result in significant impacts requiring mitigation. Project operational -source emissions (without mitigation) are shown in Table 4.2-7 of the Draft EIR and would exceed the SCAQMD regional thresholds of significance for emissions of VOCs during Phase 3 activities. In addition, the proposed special events could cause cumulatively considerable net increases in VOC and nitrous oxide (NOx) that exceed SCAQMD thresholds of significance without mitigation, as shown in Table 4.2-9 of the Draft EIR, which would also constitute a significant adverse effect. Project Design Features. The PDFs are site design elements and operations recognized by the California Air Pollution Control Officers Association (CAPCOA) for providing project -level emissions reductions through a reduced automobile use (reduced vehicle miles traveled), energy efficiency, and other area source reductions, which will be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs apply: pedestrian connections, mixture of land uses, walkability and connectivity design elements, commute trip reduction program, telecommuting and alternative work schedules, employer -sponsored shuttles, compliance with 2019 Title 24 standards, compliance with SCAQMD Rule 445, on -site photovoltaic electricity supply (15%), and waste diversion per AB 939. 22 367 Mitigation Measures: To mitigate potential project specific and cumulative air quality impacts regarding criteria pollutants, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: AQ-1: During Phase 1 of construction, the paving installation activity shall not overlap with the architectural coating (building painting) activity. That prohibition shall be included on all building plans. AQ-2: For equipment greater than 150 horsepower (>150 HP), the Construction Contractor shall ensure that off -road diesel construction equipment that complies with Environmental Protection Agency (EPA)/California Air Resources Board (GARB) Tier 3 emissions standards and shall ensure that all construction equipment shall be tuned and maintained in accordance with the manufacturer's specifications. AQ-3: The project will require the use of low VOC paints for re -painting and maintenance of exterior structures consistent with SCAQMD Rule 1113 (not to exceed 50 grams per liter VOCs for interior and exterior building envelope re -painting). Under federal and state law, SCAQMD is under a legal obligation to enforce air pollution regulations. These regulations are primarily meant to ensure that the surrounding (or ambient) air meets federal and state air quality standards. The South Coast AQMD also has broad authority to regulate toxic and hazardous air emissions, and these regulations are enforced in the same manner as those which pertain to the ambient air quality standards. The following standard regulatory requirements and best available control measures shall appear on all project grading plans, construction specifications and bid documents, and the City shall ensure that such language is incorporated prior to issuance of any development permits: BACM AQ-1: The contractor shall adhere to applicable measures contained in Table 1 of Rule 403 including, but not limited to: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid -morning, afternoon, and after work is done for the day. 23 ME • The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are limited to 15 miles per hour or less. BACM AQ-2: The following measures shall be incorporated into project plans and specifications as implementation of SCAQMD Rule 1113 (3): • Only "Low -Volatile Organic Compounds (VOC)" paints (no more than 50 gram/liter (g/L) of VOC) consistent with SCAQMD Rule 1113 shall be used. BACM AQ-3: The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to criteria pollutants described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of the PDFs, mitigation measures AQ-1 through AQ-3, and BACM AQ-1 through BACM AQ-3, as described and recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: Construction phases involving paving and architectural coating are sources of VOC and NOX emissions, and as stated above, would exceed SCAQMD's regional threshold of significance during Phase 1 construction activities without mitigation. However, through the implementation of Mitigation Measure (MM) AQ-1, the overlap of these activities will be prevented, such that it will avoid simultaneous emissions of these pollutants and, therefore, peak emissions will remain below the established thresholds and the associated impacts will be reduced to less than significant levels (Draft EIR Table 4.2-6). Additionally, MM AQ-2 would decrease localized emissions and further reduce construction impacts in compliance with the EPA and CARB Tier 3 emissions standards, which are aimed at reducing motor vehicle emissions, including nitrogen oxides, volatile organic compounds, particulate matter, and carbon monoxide. Implementation of these mitigation measures will ensure that project construction emissions are below applicable SCAQMD significance thresholds, and thus do not constitute a cumulatively considerable net increase in any criteria pollutant. Project operational -source emissions will be reduced to less than significant levels after implementation of PDFs and MM-AQ-3. The following PDFs apply: pedestrian connections, mixture of residential and commercial land uses, walkability and connectivity design elements, a commute trip reduction program, telecommuting and alternative work schedules, employer - sponsored shuttles, compliance with 2019 Title 24 standards, compliance with SCAQMD Rule 445, on -site photovoltaic electricity supply (15%), and waste diversion per AB 939. In addition, MM AQ-3 establishes a paint VOC content limit of 50 grams per liter to perform interior and 24 369 exterior re -painting during the life of the project. After implementation of PDFs and MM AQ-3, special event operational -source emissions will not exceed the SCAQMD regional thresholds of significance for emissions of any criteria pollutant. The PDFs are site design elements and operations and will be enforceable by the City pursuant to the terms of the Development Agreement. As shown in Tables 4.2-8 and 4.2-10, with implementation of the PDFs and mitigation measures, the project operations, including during special events, will not generate cumulatively considerable increases in any criteria pollutants, thus reducing the project's impacts to a less than significant level. The City Council also reviewed and considered all correspondence and comments concerning potential air quality impacts, including the letters submitted by Mitchell Tsai, SWAPE, and Bruce Bauer. The City Council finds that these comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse air quality effects, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. In particular, the City Council rejects the assertion that it has failed to properly evaluate air quality effects and/or adopt all feasible mitigation measures prior to making the findings set forth above. The City Council finds that all potential air quality effects of the project have been properly evaluated in the Final EIR and technical appendices, and that the project design features evaluated in that analysis have properly been made enforceable by the City through the project Development Agreement and conditions of approval. Expose sensitive receptors to substantial pollutant concentrations. Localized air quality impacts were evaluated at sensitive receptor land uses nearest the project site. Due to the phased nature of the project development, future phases have the potential to generate construction impacts to the residents of previous phases of development. Phase 2 building construction activities will impact on -site sensitive receptors in Phase 1. Similarly, Phase 3 building construction activities will impact on -site sensitive receptors in Phases 1 and 2. Construction Emissions: Without mitigation, localized construction emissions would not exceed the applicable SCAQMD LSTs for emissions for NOX, CO or PM2.5, but would exceed PM10 emissions by 0.28 pounds per day during Phase 1 of construction. Phase 2 and Phase 3 construction would involve relatively smaller disturbance areas not resulting in exceedances for this criteria pollutant. The PM10 exceedance during Phase I represents a potentially significant impact that requires mitigation. To evaluate the potential impacts of Phase 2 and Phase 3 grading on on -site sensitive receptors, such as Phase 1 and Phase 2 dwelling units that become occupied, the mitigated emissions from those construction activities were compared against the lowest localized emission thresholds for the closest distance interval available in the SCAQMD Look -Up Tables for the Coachella Valley. The applicable construction -source mitigation measures are Mitigation Measure AQ-1 aimed at preventing paving activity from overlapping with architectural coating activities and Mitigation Measure AQ-2 aimed at ensuring that equipment greater than 150 horsepower complies with EPA/CARB Tier 3 emissions standards and to ensure that all construction equipment is tuned and maintained in accordance with the manufacturer's specifications. 25 370 Operational Emissions: The project is proposed to consist of a wave pool, a 150-key hotel, 104 attached resort residential DUs, associated resort commercial development, 496 detached DUs, and 60,000 sf of retail. According to SCAQMD's LST methodology, LSTs would apply to the operational phase of a proposed project, if the project includes stationary sources, or attracts mobile sources that may spend long periods idling at the site (e.g., transfer facilities and warehouse buildings). The proposed project does not include such uses, and thus, due to the lack of significant stationary source emissions, the project will not expose sensitive receptors to substantial pollutant concentrations. Mitigation Measures: To mitigate potential project specific and cumulative air quality impacts relating to exposure to substantial pollutant concentrations, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: AQ-1: During Phase 1 of construction, the paving installation activity shall not overlap with the architectural coating (building painting) activity. That prohibition shall be included on all building plans. AQ-2: For equipment greater than 150 horsepower (>150 HP), the Construction Contractor shall ensure that off -road diesel construction equipment that complies with Environmental Protection Agency (EPA)/California Air Resources Board (CARB) Tier 3 emissions standards and shall ensure that all construction equipment shall be tuned and maintained in accordance with the manufacturer's specifications. The following standard regulatory requirements and best available control measures shall appear on all project grading plans, construction specifications and bid documents, and the City shall ensure that such language is incorporated prior to issuance of any development permits: BACM AQ-1: The contractor shall adhere to applicable measures contained in Table 1 of Rule 403 including, but not limited to: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid -morning, afternoon, and after work is done for the day. • The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are limited to 15 miles per hour or less. 26 371 Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to exposure to substantial concentrations of pollutants described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures AQ-1 and AQ-2 and BACM AQ-1, as described and recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: As described above, without mitigation, localized construction emissions would not exceed the applicable SCAQMD LSTs for emissions for NOX, CO or PM2.5, but would exceed PM10 emissions by 0.28 pounds per day during Phase I of construction. As shown in Table 4.2-12 and discussed on pages 4.2-36 — 4.2-40, the PM10 emissions during Phase 1 of construction would exceed the SCAQMD localized threshold at the nearest off -site sensitive receptor location, identified as R7 (the nearest exiting residence located north of Avenue 60, approximately 37 feet from the project boundary, as shown in Exhibit 4.2-1). However, with implementation of Mitigation Measure AQ-2, all criteria pollutant emissions, including PM10, will be below SCAQMD's localized significance threshold (see Table 4.2-13). Phase 2 and Phase 3 construction would involve relatively smaller disturbance areas not resulting in exceedances for any criteria pollutant with implementation of Mitigation Measures AQ-1 and AQ-2 (Draft EIR, at p. 4.2-40 and Table 4.2-14). Accordingly, the project will not cause any significant effects, including adverse health effects, as a result of construction related air emissions with implementation of Mitigation Measures AQ-1 and AQ-2. Please also see Final EIR, Response to Comment 42-f, which is hereby incorporated by this reference. As described above and analyzed in further detail in the Draft EIR at p. 4.2-40, the proposed project does not include stationary emissions sources (e.g., factories) or uses that require lengthy idling of vehicles (e.g., transfer stations or warehouses), and therefore, the project will not cause long-term operational emissions that could exceed SCAQMD's localized significance thresholds or cause any significant health or other impacts on sensitive receptors in the area. The City Council also considered the supplemental letters from Mitchell Tsai, dated April 12, 2022, and SWAPE, dated April 6, 2022, and finds that those letters fail to provide evidence of any new or substantially more severe effects than previously disclosed and analyzed in the EIR. The City Council specifically rejects the assertion in those letters that the air quality analysis in the EIR understates operational emissions, and the City Council bases this conclusion on the supplemental expert letter from Haseeb Qureshi at Urban Crossroads, dated May 25, 2022, which confirms that the operational emissions were calculated properly. Based on Mr. Qureshi's expert letter, which is hereby incorporated into these findings, the City Council also rejects the assertion that a separate health risk assessment for diesel particulate matter is required or appropriate for the project because the project will not generate sufficient diesel particulate matter to cause any potential adverse 27 372 effects. The City Council further finds that the Air Quality analysis properly disclosed and analyzed the potential health risks associated with the project's construction and operational toxic air contaminant emissions, based on the expert evidence and explanation in Mr. Qureshi's supplemental letter. BIOLOGICAL RESOURCES Candidate, sensitive or special status species and Riparian habitat. The proposed project site will result in potentially significant impacts related to species identified as a candidate, sensitive, or special status species and sensitive natural communities. These species are identified on pages 4.3-11— 4.3-15 of the Draft EIR, and include the Peninsular Bighorn Sheep (PBS), a federally endangered species and State endangered and California Fully Protected species, the Burrowing owl, and numerous species of bats. In addition, the project site has the vegetation to potentially support nesting birds which are protected by California Fish and Game Code and by the Migratory Bird Treaty Act (MBTA), which are addressed in the "movement of wildlife" section below. Mitigation Measures: To avoid or substantially reduce potential impacts to candidate, sensitive, or special status species, the following mitigation measure are hereby adopted and will be implemented consistent with the MMRP: 13I0-1: Burrowing owl surveys shall be performed by a qualified biologist, approved by the City prior to any site disturbance activities. A minimum of two surveys, occurring at least three weeks apart, shall be completed in advance of any site disturbance activities. If disturbance activities are expected to start during the burrowing owl breeding season, three surveys shall be completed. The final burrowing owl survey shall be completed within three days prior to initiation of any site disturbance activities. The pre -construction survey shall be conducted following accepted protocol and the requirements specified in the CVMSHCP (see pp. 4-168 & 4-169). Prior to construction, a qualified biologist will survey the construction area and an area up to 500 feet outside the project limits for burrows that could be used by burrowing owls. If the burrow is determined to be occupied, the burrow will be flagged, and a 160-foot diameter buffer will be established during non -breeding season or a 250-foot diameter buffer during the breeding season. The buffer area will be staked and flagged. No development activities will be permitted within the buffer until the young are no longer dependent on the burrow and have left the burrow. If the burrow is found to be unoccupied, the burrow will be made inaccessible to owls, and construction may proceed. If either a nesting or escape burrow is occupied, owls shall be relocated pursuant to accepted W. 373 Wildlife Agency protocols. Determination of the appropriate method of relocation, such as eviction/passive relocation or active relocation, shall be based on the specific site conditions (e.g., distance to nearest suitable habitat and presence of burrows within that habitat) in coordination with the Wildlife Agencies. If burrowing owls are observed within the Project site during construction activities, CDFW shall be notified immediately and provided with proposed avoidance and minimization measures, consistent with the requirements of the CVMSHCP. BIO-7: To ensure that the Project will avoid any significant construction or operational noise impacts on wildlife using Coral Mountain, noise monitoring will occur for (1) all construction activities within 150 feet of the base of Coral Mountain, and (2) operational noise levels during any special events and at least once annually during regular Wave Basin operations, or as determined appropriate by the City Manager or his/her designee. If noise levels exceed 75 dBA, construction and/or operational changes shall be made, as applicable, to reduce the noise levels at Coral Mountain to below 75 dBA. BIO-8: Existing native vegetation, particularly palo verde trees, will be retained where feasible. Landscaping shall include native desert species. BIO-9: Onsite lakes will be designed and constructed by industry professionals and will incorporate proper aeration, circulation and filtration to maintain a balanced lake ecosystem. Lakes will be stocked with beneficial fish and plant species. Limited chemical applications will be utilized as necessary. Ongoing maintenance will ensure that onsite lakes function properly to control any invasive species or other nuisance conditions. BIO-10: An education program about the Peninsular bighorn sheep and their associated habitat shall be implemented and maintained throughout the resort, open space, and low -density community programs through the use of signage, pamphlets, and staff education. The Education Program should inform the reason of why specific measures are being taken to support recovery of Peninsular bighorn sheep. The Education Program should include the ecology of Peninsular bighorn sheep, what threats this species is currently facing, and how recovery actions will reduce these threats. This includes information that explains: (1) why restrictions on toxic plants, fences, and pesticides are needed; (2) how artificial feeding of coyotes could adversely affect bighorn sheep; and (3) how recreational activities may affect sheep. The use of interpretive signs is encouraged. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on candidate, sensitive, or special status species described above and further discussed in the Final EIR, changes 29 374 or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures BIO-1 and BIO-7 through BIO-10, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: Burrowing Owls: Mitigation measure BIO-1 conforms to the protocols and requirements of the CVMSHCP and will ensure that construction activities will not impact any burrowing owls or active nests. Although CDFW requested revisions to mitigation measure BIO-1 in its letter dated August 13, 2021 (Comment letter 13), these revisions exceed what is required under the CVMSHCP and the City finds that these further revisions are not required to fully mitigate potential impacts to burrowing owls. Also see Comment No. 13-o and the response thereto in the Final EIR, which is hereby incorporated by this reference. Peninsular Bighorn Sheep: PBS in the San Jacinto and Santa Rosa Mountain ranges is a covered species under the CVMSHCP. PBS Habitat within these two mountain ranges are part of the Santa Rosa and San Jacinto Mountains Conservation Area, one of twenty-one Conservation Areas that comprise the Reserve System identified in the CVMSHCP. The project site itself does not contain suitable PBS habitat and is located approximately 0.62 acres to the east of the Conservation area (see ELMT Biological Assessment, Appendix D.5 of the Final EIR). Coral Mountain provides limited foraging habitat and limited escape cover for PBS, and the project has the potential to act as an attractant for food and water sources. The intervening area between Coral Mountain and the Santa Rosa Mountains consisting of both hilly and flat terrain owned by the Bureau of Land Management, which provides some escape cover, but exposes PBS venturing out of the Santa Rosas to predation by coyotes and other large predators. The Coral Mountain project site is not within or adjacent to the boundaries of the Santa Rosa and San Jacinto Mountains Conservation Area and, therefore, but is subject to the CVMSHCP Conservation Measures. It is recognized that habitat modification from development can attract PBS and create threats to PBS in the form of collisions with vehicles, poisoning by toxic landscape plants, entanglement in wire fences, harassment by dogs, increased predation by native predators, coyote and mountain lion, and exposure to toxins such as herbicides and insecticides. In addition, Coral Mountain and the adjacent BLM open space were identified as "essential habitat" in the USFW 2000 PBS Recovery Plan. Accordingly, to avoid any significant impacts to PBS and its essential habitat the project will comply with the Adjacency Guidelines in the CVMSHCP relating to PBS because the sheep are known to travel outside the designated Conservation Area for sources of forage and water. The project as proposed is consistent with these guidelines which address toxic and other hazardous plants, drainage, exposure to toxic chemicals and byproducts, lighting, noise, grading near conservation areas because the Specific Plan includes a Conceptual PBS Barrier Plan that defines a fencing plan for the project site. The barrier/fence along the western edge of the site would eliminate these potential threats to PBS from site development (See ELMT memo and Exhibit 2, kro 375 at Final EIR Appendix D.5). A barrier/fence would prevent PBS from exiting Coral Mountain onto the site, where there is no escape cover and where they would be vulnerable to predation and exposure to toxic plants, herbicides and insecticides. PBS would still be able to transverse the open space associated with the BLM lands between the Santa Rosas and Coral Mountain but will not be able to migrate off Coral Mountain onto the valley floor area of the project site. Also see Final EIR, pp. 2-11 — 2-16. The fence/wall design will be approved by the City of La Quinta in consultation with the California Department of Fish and Wildlife (CDFW). It will draw from the prototypical fencing types described in the Coachella Valley Conservation Commission (CVCC) "PBS Barrier Project" and will be consistent with the Coachella Valley Multi -Species Habitat Conservation Plan. In addition, and consistent with the CVMSHCP adjacency guidelines, the Specific Plan plant palette has been modified to include approved specimens listed as "Coachella Valley Native Plants Recommended for Landscaping" and will avoid specimens listed as "Prohibited Invasive Ornamental Plants" on lands adjoining the sheep barrier. In addition, the approved project plant palette will be referenced in the Project CC&Rs and will be enforceable by the property owners' association for the life of the project. Finally, mitigation measure BIO-8 has been added to retain native vegetation where feasible. At the request of CDFW, two mitigation measures have been added to further minimize any potential to attract PBS to the project site or to impact PBS. Mitigation measure BIO-9 requires that all water features be designed and maintained to eliminate the potential for arboviral disease vectors (BIO-9). In addition, mitigation measure BIO-10 requires implementation of an educational program about PBS and its habitat that includes the preparation of informational materials for distribution to homeowners and hotel guests on the local environmental setting, including proper interactions with PBS. In addition, the project developer will collaborate with the Desert Recreation District (DRD) regarding the planned public trail connection through the property. The DRD master plan envisions interpretative materials on the trail and markers intended to educate and inform experiences regarding the local setting, including desert flora and fauna. Please also see Response 13-m in Chapter 2 of the Final EIR, at pp. 2-86 — 2-88. Finally, to ensure that the project will avoid any significant construction or operational noise impacts on PBS and other wildlife using Coral Mountain, Mitigation Measure BIO-7 requires noise monitoring for (1) all construction activities within 150 feet of the base of Coral Mountain, and (2) operational noise levels during any special events and at least once annually during regular Wave Basin operations, or as determined appropriate by the City Manager or his/her designee. If noise levels exceed 75 dBA, construction and/or operational changes shall be made, as applicable, to reduce the noise levels at Coral Mountain to below 75 dBA. Also see Response 13-q at p. 2-93 of the Final EIR. Based on these project features, and the implementation of Mitigation Measures BIO-7, BIO-8, BIO-9 and BIO-10, the project will be consistent with the CVMSHCP and will not result in significant direct or indirect impacts to PBS or involve the development of suitable habitat that could create an attractive nuisance for PBS. 31 376 Movement of wildlife. There is no evidence of migratory wildlife corridors or native wildlife nursery sites on the project site or adjacent properties. Since the project property does not lie within a CVMSHCP-designated wildlife corridor and the project site is adjacent to development, the proposed project is not anticipated to have significant impacts related to habitat fragmentation and regional wildlife movement. However, the project site has the vegetation to potentially support nesting birds which are protected by California Fish and Game Code and by the Migratory Bird Treaty Act. MBTA makes it unlawful to "take" any migratory bird including their nests, eggs, or products. Migratory birds include geese, ducks, shorebirds, raptors, songbirds, and many others. Burrowing owl, ferruginous hawk, prairie falcon, black -tailed gnatcatcher, and Le Conte's thrasher could occur on the site, and are covered by the MBTA. Therefore, potential impacts on nesting birds are considered a significant adverse effect, and mitigation is required to reduce the impact to nesting birds to less than significant levels. Mitigation Measures: To avoid or substantially reduce potential impacts to the movement of wildlife, including migratory birds and bats, the following mitigation measure are hereby adopted and will be implemented consistent with the MMRP: BIO-2: In June 2021, a qualified bat biologist will conduct a second round of focused nighttime surveys for roosting bats at locations where suitable roosting habitat is identified. The nighttime survey will include a combination of acoustic and exit count methods, and will take place during the bat maternity season (March 15—August 31 in the Coachella Valley) to enable detection of maternity -roosting bats. If maternity roosts are identified within the project area, the biologist will coordinate with CDFW to implement avoidance measures during the bat maternity season in accordance with CDFW's established standards. No construction activities will occur within a 300-foot buffer of maternity roost sites during the bat maternity season unless concurrence is received from CDFW to reduce that buffer distance based upon the bat species present and the activities occurring. BIO-3: Removal of trees (including palm trees) shall occur outside the bat maternity season (March 15—August 31 in the Coachella Valley), which coincides with the bird nesting season, to avoid the potential for "take" of flightless young. Trees and snags that have been identified as confirmed or potential roost sites require a two-step removal process and the involvement of a bat biologist to ensure that no roosting bats are killed during this activity. Consistent with CDFW protocols this two-step removal shall occur over two consecutive days as follows: on Day 1, branches and limbs not containing cavities, as identified by a qualified bat biologist, will be removed. On Day 2, the remainder of the tree may be removed without 32 377 supervision by a bat biologist. The disturbance caused by limb removal, followed by an interval of one evening, will allow bats to safely abandon the roost. BIO-4: To avoid impacts to roosting bats from the installation of new light fixtures associated with the proposed development, all lighting fixtures shall have light shields or similar devices (i.e., dark sky compliant lighting) installed to ensure that there is no light trespass on to Coral Mountain and surrounding open space. A supplemental light study will be performed to collect nighttime lighting measurements and confirm that no light trespass onto Coral Mountain is occurring; this will be submitted for City approval prior to issuance of any permit for occupancy or use of the Wave Basin. BIO-5: A qualified bat biologist shall confirm the absence of roosting bats prior to any restoration work or other disturbance of the adobe site. If bats are found or if the absence of bats cannot be confirmed, the bat biologist will install or directly supervise installation of humane eviction devices and exclusionary material to prevent bats from roosting in the building. Implementation of the humane eviction/exclusions is typically performed in the fall (September or October) preceding construction activity at each structure to avoid impacts to hibernating bats during the winter months or during the maternity season (March 15—August 31 in the Coachella Valley), when nonvolant (flightless) young are present. Any humane eviction/exclusion devices must be installed at least 10 days prior to the demolition of a structure housing bats to allow sufficient time for the bats to vacate the roost(s). BIO-6: To ensure compliance with California Fish and Game Code and the MBTA and to avoid potential impacts to nesting birds, vegetation removal and ground disturbing activities shall be conducted outside the general bird nesting season. Any vegetation removal, ground disturbance, and/or construction activities that occur during the nesting season (February 1 — August 31) will require that all suitable habitats be surveyed for the presence of nesting birds by a qualified biologist approved by the City. Prior to commencement of clearing, a qualified biologist shall conduct preconstruction surveys within 14 days and repeated 3 days prior to ground - disturbing activities. 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. During construction activities, the qualified biologist shall continue biological monitoring activities at a frequency recommended by the qualified biologist using his or her best professional judgment. If nesting birds are detected, avoidance and minimization measures may be adjusted and construction activities stopped or redirected by the qualified biologist using his or her best professional judgment to avoid any take of nesting birds. 33 378 BIO-7: To ensure that the Project will avoid any significant construction or operational noise impacts on wildlife using Coral Mountain, noise monitoring will occur for all construction activities using heavy equipment within 150 feet of the base of Coral Mountain. If noise levels exceed 75 dBA, construction or operational changes or other modifications shall be made, as directed by the project biologist to reduce the noise levels at Coral Mountain to below 75 dBA. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on the movement of wildlife, including migratory birds and bats, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures BIO-1 and BIO-7 through BIO-10, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: To ensure compliance with the California Fish & Game Code and the MBTA, mitigation measure BIO-6 requires completion of pre -construction nesting surveys by a qualified biologist prior to any ground -disturbing activities during the nesting season, and requires biological monitoring to continue as needed. No construction will occur within a 300-foot buffer of any nests (500 feet for raptors). Implementation of mitigation measure BIO-6 will avoid any take of nesting birds. Also see Comment 13-p and Response 13-p on pp. 2-91 and 2-92 of the Final EIR. Bats: To avoid impacts to all potential bat species which may occur on the site, additional maternity -season surveys were performed in June 2021 to maximize the probability of detection of maternity roosts for all bat species (implementing proposed mitigation measure BIO-2.) The results of the maternity season surveys determined that large numbers of bats consistent with the presence of maternity roosting were observed emerging from the crevices and small caves along the rock outcrops in a portion of Coral Mountain (see Updated Focused Bat Surveys report, Appendix D.3 to the Final EIR, at p. 9). Although no construction will occur at these rock outcrops, roosting bats in this area could be adversely affected by increases in artificial lighting and noise. To reduce potential impacts to roosting bats to less than significant levels, mitigation measures BIO-3, BIO-4, and BIO-5 require all tree removals to comply with CDFW protocols, prohibit artificial lighting on any portion of Coral Mountain and confirmation of same through a further light study once the Wave Basin lighting system is installed, and an additional roosting bat survey by a qualified biologist prior to any restoration work or other disturbance of the adobe site. In addition, to ensure that the project will avoid any significant construction or operational noise impacts on bats, Mitigation Measure BIO-7 requires noise monitoring for (1) all construction activities within 150 feet of the base of Coral Mountain, and (2) operational noise levels during any special events and at least once annually during regular Wave Basin operations, or as M 379 determined appropriate by the City Manager or his/her designee. If noise levels exceed 75 dBA, construction and/or operational changes shall be made, as applicable, to reduce the noise levels at Coral Mountain to below 75 dBA. Also see Response 13-q at p. 2-93 of the Final EIR. Also see Responses 13-r at pp. 2-94 — 2-95 of the Final EIR. Consistency with local policies or applicable habitat conservation plan. The project lies within the boundary of the CVMSHCP which outlines policies for conservation habitats and natural communities and is implemented for this property by the City of La Quinta. As the site lies outside the plan's designated conservation areas, the CVMSHCP does not establish any policies applicable to the removal of the species of trees and other habitat on the project site, except that the project will be required to pay the CVMSHCP mitigation fee to mitigate the loss of habitat for covered species in the Coachella Valley. However, compliance with the CVMSHCP also requires compliance with the Land Use Adjacency Guidelines specified in Section 4.5 of the plan and, to the extent applicable, the specific conservation measures identified for the covered species. Failure to comply with such guidelines is considered a potentially significant impact. There are no other local, regional, or state habitat conservation plans currently in place, other than the CVMSHCP, that are applicable to the proposed project. The project's consistency with the CVMSHCP is fully addressed under the discussion of protected and special status species above, which is hereby incorporated by this reference. With payment of the required CVMSHCP fee and implementation of the required sheep barrier and mitigation measures BI0-7 through BIO-10, the project is fully consistent with the CVMSHCP, including all applicable species conservation measures and adjacency guidelines. CULTURAL RESOURCES Impacts to Historical Resources. Implementation of the proposed project will result in potentially significant impacts to historical resources, including California Historical Resources Inventory Site 33-038838, which is the remains of a partially collapsed adobe house and other features of the former Coral Reef Ranch located on the project site. Historical research suggests that the adobe house was likely constructed in the 1920s or 1930s, and may be one of the earliest settlements and agricultural enterprises to be established in the present day boundary of the City. Although the adobe building has been badly damaged and vandalized, further damage to this known historic resource from project construction would be considered a significant impact. Mitigation Measures: To avoid or substantially reduce potential impacts to historic resources, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP: 35 CUL-1: A comprehensive recordation program shall be prepared by a qualified archaeologist for Site 33-008388. The program shall contain detailed drawings and measurements to preserve the information on the adobe building. Such information would include the floor plan, elevations, building materials and their configurations, and any other notable structural and architectural details. The adobe remains and an appropriate buffer determined by the project archaeologist shall be flagged and cornered off during all ground disturbance and preserved in place. Prior to the occupancy of any structure in Planning Area II, the adobe will be fenced off and an informational plaque describing the history of the ranch complex shall be provided, and the project proponent shall provide the City with the CC&Rs for the project area, demonstrating that the feature would be maintained in perpetuity by the project's Homeowners Association. Special attention should be given to the residence foundation, which, may be the remains of one of the earlier structures at the site, dating from 1920s or before. The footings and slabs at this location should be cleared and measured, and attempts should be made to locate the original trash pits or privies which could contain valuable artifacts revealing much about life in the harsh environment at such an early date. The scatter of artifacts has the greatest number of pre-1925 artifacts, mostly in the form of sun -colored glass, but also in brown and olive glass, porcelain, ceramics and more. There may be remains of an early structure near this point, hidden amidst the broad stand of tamarisk trees, an original windbreak. Search of these remains is required to ensure the most complete recovery possible of the early 20th century artifacts and features. Photos, measurements, and artifacts shall be catalogued, analyzed, reported, and curated at the Coachella Valley Museum (Love et al. 1998:54). Finding Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects on historic resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure CUL-1, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: While implementation of the proposed project has the potential to impact the identified historical resources described above and in the Draft EIR (see pp. 4.4-12 — 4.4-15), these potentially significant impacts to historical resources will be mitigated to below a level of significance through implementation of Mitigation Measures CUL-1, which requires a comprehensive recordation program for the remains of the adobe structure (Site 33-008388) to reduce impacts to a less than significant level. To avoid impacts to this site, no earth moving activities shall occur until the site we 381 is fenced and flagged; a comprehensive recordation project of the site has been completed; and preservation and stabilization of the remains in place as a community feature with an informational plaque has been completed, as described in mitigation measure CUL-1. The measure also requires the preservation of the site in perpetuity by the Homeowners' Association for the project. The implementation of this mitigation measure would reduce impacts to less than significant levels (see Draft EIR, at pp. 4.4-12 — 4.4-13). Impacts to Archaeological Resources. Implementation of the proposed project will result in potentially significant impacts to archaeological resources, including Sites 33-00193, 33-001715, and 33-009545, termed the "Coral Mountain Rock Art Complex." Construction of the project will involve ground -disturbing activities with the potential to unearth unknown buried resources or adversely impact these known resources as well as previously unidentified archaeological historical resources. Mitigation Measures: To avoid or substantially reduce potential impacts to archaeological resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: CUL-2: The presence of a qualified archaeologist shall be required during all project related ground disturbing activities, including clearing and grubbing. A monitoring plan shall be prepared and approved by the ACBCI and the City prior to the initiation of any ground disturbing activity for all construction phases and activities. If 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. CUL-3: An approved Agua Caliente Band of Cahuilla Indians (ACBCI) Native American Cultural Resource Monitor shall be present during any ground disturbing activities (including archaeological testing and surveys) for the project. If potentially significant archaeological materials are discovered, all work must be halted in the vicinity of the archaeological discovery until the Tribal monitor can assess the significance of the find. CUL-4: Prior to ground disturbance during any phase of the project, cultural sensitivity training shall take place for all workers, conducted by the Agua Caliente Tribal Historic Preservation Office (THPO). CUL-5: Sites 33-00193, 33-001715, and 33-009545, along the base of Coral Mountain and at the toe of the slope, which contains the rock art panels and bedrock milling features, shall be avoided and protected in situ during project construction through the establishment of Environmentally Sensitive Areas. Deed restrictions shall be recorded for the Environmentally Sensitive Areas and provided to the City prior to any ground disturbance of any portion of Planning Area III. For the balance of Site 33-001715, where 37 382 scattered artifacts but no features were found, mitigative surface collection and subsurface excavation shall be completed prior to ground disturbance to recover a representative sample of the cultural materials prior to the commencement of the project and as a condition of grading permit issuance. The excavation shall include a combination of standard archaeological units, shovel test pits, and backhoe trenches to optimize both efficient coverage of the site area and safe recovery of cultural remains. The survey protocols shall be approved by ACBCI and their approval provided to the City in writing prior to the initiation of any ground disturbing activity on the site. Finding Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on archaeological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures CUL-2 through CUL-5, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: A total of eight sites and seven isolates are known to be present within or partially within the project boundary today. Only three sites constitute an archaeological and historical resource, which contain panels of rock art as well as milling features and ceramics contributory to the rock art panel areas (33-00193, 33-001715, and 33-009545). These sites are situated in proximity to one another along the eastern base of Coral Mountain and have been termed the "Coral Mountain Rock Art Complex". The Final EIR technical analysis determined that the sites are eligible for listing in the California Register. As a result, impacts to these sites resulting from development of the project would be considered significant and must be mitigated. To that end, mitigation measure CUL-5 assures fencing and delineation of the area prior to any development activity; the long-term protection of these sites, through prohibition of development, and the recordation of protective easements, as well as a program of research and documentation of the sites. For the balance of Site 33-001715, where scattered artifacts but no features were found, mitigative surface collection and subsurface excavation is required in mitigation measure CUL-5 to recover a representative sample of the cultural materials prior to the commencement of the project. In addition, mitigation measures CUL-2 and CUL-3 require monitoring on the site for all earth moving activities (including vegetation removal, grubbing, grading and excavation) by both an archaeological and Tribal monitor. These monitoring activities will provide further protection of these resources and ensure that any previously undiscovered human remains or other historical or archaeological resources will be properly handled to avoid any significant effects. W. 383 In addition, during Tribal consultation, the ACBCI requested further mitigation, which is provided in Section 4.13, Tribal Cultural Resources. With the implementation of these mitigation measures, impacts to significant cultural resources, including sites 33-00193, 33-001715, and 33-009545, will be reduced to less than significant levels (see Draft EIR, at pp. 4.4-14 — 4.4-15). Therefore, with implementation of mitigation measures CUL-1, CUL-2, CUL-3, CUL-4, and CUL-5, and the Mitigation Measures listed in Section 4.14, Tribal Cultural Resources, project - specific and cumulative effects on cultural resources will be less than significant (see Draft EIR, at pp. 4.4-16 — 4.4-18). Impacts to human remains. The project occurs in a highly sensitive area, and ground disturbing activities could result in the identification of additional resources, including previously unidentified cremations and human remains, and this is considered a potentially significant adverse effect. Mitigation Measures: To avoid or substantially reduce potential impacts concerning the discovery of human remains, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: CUL-2: The presence of a qualified archaeologist shall be required during all project related ground disturbing activities, including clearing and grubbing. A monitoring plan shall be prepared and approved by the ACBCI and the City prior to the initiation of any ground disturbing activity for all construction phases and activities. If 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. CUL-3: An approved Agua Caliente Band of Cahuilla Indians (ACBCI) Native American Cultural Resource Monitor shall be present during any ground disturbing activities (including archaeological testing and surveys) for the project. If potentially significant archaeological materials are discovered, all work must be halted in the vicinity of the archaeological discovery until the Tribal monitor can assess the significance of the find. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects concerning human remains described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be W mitigated to less than significant levels through implementation of mitigation measures CUL-2 and CUL-5, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: Pursuant to the California Health and Safety Code Section 7050.5 and CEQA Guidelines 15064.5, 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 areas reasonably suspected to overlay adjacent remains. Compliance with these legal requirements, along with implementation of mitigation measures CUL-2 and CUL-3, which require the presence of a qualified archaeologist and Native American resource monitors during all ground disturbing activities, will ensure that potential impacts relating to human remains will be less than significant. GEOLOGY AND SOILS Expose People or Structures to Effects Involving: Seismic -Related Ground Failure, including Liquefaction: Implementation of the proposed project has the potential for significant adverse effects associated with strong seismic ground shaking and seismic -related ground failure, including liquefaction, due to the active faults in the project vicinity and the fact that the southeastern portions of the City of La Quinta are considered highly and moderately susceptible to liquefaction. Mitigation Measures: To avoid or substantially reduce potential adverse effects associated with seismic -related ground failure, including liquefaction, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: GEO-1 All designs for any water body on the site shall be prepared by a qualified engineer and comply with all seismic codes in effect at the time they are constructed. All designs shall be based on and incorporate the recommendation of a qualified soils engineer in a site and water body specific report attached to the plans submitted to the City. GEO-2 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the geotechnical recommendations, presented below, and portions of the local regulatory requirements, as applicable. All earthwork should be performed under the observation and testing of a qualified soil engineer. The following geotechnical engineering recommendations for the proposed project are based on observations from the field investigation program, laboratory testing and geotechnical engineering analyses. .O MR • Stripping: areas to be graded shall be cleared of the vegetation, associated root systems and debris. All areas scheduled to receive fill should be cleared of old fills and any irreducible matter. The stripping shall be removed off -sit or stockpiled for later use in landscape areas. Undocumented fill soil or loose soil shall be removed in its entirety and replaced as engineered fill. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of this report. • Preparation of the Residential Building Areas: in order to provide firm and uniform foundation bearing conditions, the primary foundation bearing soil shall be over -excavated and recompacted. Over -excavation shall extend to a minimum depth of 3 feet below existing grade or 3 feet blow the bottom of the footings, whichever is deeper. Once adequate removals have been verified, the exposed native soil shall be scarified, the moisture -conditioned and compacted to a minimum of 90 percent relative compaction. • Preparation of the Hotel Building: In order to provide firm and uniform foundation bearing conditions, over -excavation and re - compaction through the building and foundation area shall be required as recommended by the Project Soils engineer and as directed by the City. All artificial fill soil and low density near surface native soil shall be removed to a depth of at least 4 feet below existing grade or 4 feet below the bottom of the footings, whichever is greater. Remedial grading shall extend laterally, a minimum of five feet beyond the building perimeter. The exposed surface shall then be scarified, the moisture conditioned to within two percent of optimum moisture content and compacted to at least 90 percent relative compaction. • Compaction: Soil to be used as engineered fill should be free of organic material, debris and other deleterious substances, and shall not contain irreducible matter greater than six (6) inches in maximum dimension. All fill materials shall be placed in thin lifts not exceeding six inches in a loose condition. If import fill is required, the material shall be of a non -expansive nature and shall meet the following criteria: Plastic Index Less than 12 Liquid Limit Less than 35 Percent Soil Passing #200 Sieve Between 15% and 35% Maximum Aggregate Size 3 Inches The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the exposed subgrade shall be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing shall be performed on all lifts in order to verify proper placement of the fill materials. 41 • Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated. It is estimated that shrinkage could vary from 10 percent to 25 percent. Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to seismic -related ground failure, including liquefaction, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-1 and GEO-2, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: The Wave Basin design will incorporate the necessary structural concrete design features to handle the pressure and drainage associated with the wave generation. This is identified as Mitigation Measure GEO-1. Through this design, water intrusion generated by seismic events will be properly mitigated and contained to prevent seismic -related ground failure. Since the project site is potentially susceptible to liquefaction, the project site will be required to comply with the site preparation and foundation recommendations listed in the project -specific Geotechnical Investigation in order to ensure project safety as set forth in Mitigation Measure GEO-2. With the implementation of Mitigation Measures GEO-1 and GEO-2, and State building standards, impacts of seismic related ground failure at the project will be reduced to less than significant. Please also see Responses 22-h, 42-g, 86-a, and 86-b, which are hereby incorporated into the City Council's findings, analysis and conclusions. Located on an Unstable Geologic Unit or Expansive Soil The native materials on the project site consist primarily of silty sand and sandy silt, with minor portions of clay. While the project geotechnical evaluation determined that the project soils have a very -low to medium potential for expansion, development of homes and other project components on the project site could potentially expose persons and property to substantial damage and harm, which is considered a potentially significant adverse effect. 42 387 Mitigation Measures: To avoid or substantially reduce potential adverse effects associated with development on an unstable geologic unit or expansive soil, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: GEO-I All designs for any water body on the site shall be prepared by a qualified engineer and comply with all seismic codes in effect at the time they are constructed. All designs shall be based on and incorporate the recommendation of a qualified soils engineer in a site and water body specific report attached to the plans submitted to the City. GEO-2 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the geotechnical recommendations, presented below, and portions of the local regulatory requirements, as applicable. All earthwork should be performed under the observation and testing of a qualified soil engineer. The following geotechnical engineering recommendations for the proposed project are based on observations from the field investigation program, laboratory testing and geotechnical engineering analyses. • Stripping: areas to be graded shall be cleared of the vegetation, associated root systems and debris. All areas scheduled to receive fill should be cleared of old fills and any irreducible matter. The stripping shall be removed off -sit or stockpiled for later use in landscape areas. Undocumented fill soil or loose soil shall be removed in its entirety and replaced as engineered fill. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of this report. • Preparation of the Residential Building Areas: in order to provide firm and uniform foundation bearing conditions, the primary foundation bearing soil shall be over -excavated and recompacted. Over -excavation shall extend to a minimum depth of 3 feet below existing grade or 3 feet blow the bottom of the footings, whichever is deeper. Once adequate removals have been verified, the exposed native soil shall be scarified, the moisture -conditioned and compacted to a minimum of 90 percent relative compaction. • Preparation of the Hotel Building: In order to provide firm and uniform foundation bearing conditions, over -excavation and re - compaction through the building and foundation area shall be required as recommended by the Project Soils engineer and as directed by the City. All artificial fill soil and low density near surface native soil shall be removed to a depth of at least 4 feet below existing grade or 4 feet below the bottom of the footings, whichever is greater. Remedial grading shall extend laterally, a minimum of five feet beyond the building perimeter. The exposed surface shall then be scarified, the 43 moisture conditioned to within two percent of optimum moisture content and compacted to at least 90 percent relative compaction. • Compaction: Soil to be used as engineered fill should be free of organic material, debris and other deleterious substances, and shall not contain irreducible matter greater than six (6) inches in maximum dimension. All fill materials shall be placed in thin lifts not exceeding six inches in a loose condition. If import fill is required, the material shall be of a non -expansive nature and shall meet the following criteria: Plastic Index Less than 12 Liquid Limit Less than 35 Percent Soil Passing #200 Sieve Between 15% and 35% Maximum Aggregate Size 3 Inches The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the exposed subgrade shall be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing shall be performed on all lifts in order to verify proper placement of the fill materials. • Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated. It is estimated that shrinkage could vary from 10 percent to 25 percent. Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to development on an unstable geologic unit or expansive soil described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-1 and GEO-2, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: Since the project site is being developed on a site with potentially unstable or expansive soils. The project site will be required to comply with the current California Building Code (CBC) standards, City requirements, and the site preparation and foundation recommendations listed in the project- specific Geotechnical Investigation in order to ensure the proper removal and recompaction of undocumented fill and unstable or expansive soils, as required by Mitigation Measure GEO-2. With the implementation of Mitigation Measures GEO-1 and GEO-2, and compliance with State building standards, impacts from potentially unstable or expansive soils at the project will be reduced to less than significant. Please also see Responses 22-h, 42-g, 86-a, and 86-b, which are hereby incorporated into the City Council's findings, analysis and conclusions. Impacts to a Unique Paleontological Resource, Site or Unique Geologic Feature The project specific paleontological report included both a records search and field surveys, and while no significant resources were found, the report concluded that significant fossil vertebrate remains could be encountered during deeper excavations into subsurface lakebed sediments from Holocene Lake Cahuilla, which are considered to be of high paleontological sensitivity. This is considered a potentially significant adverse effect. Mitigation Measures: To avoid or substantially reduce potential adverse effects on a unique paleontological resource, site or geologic feature, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP: GEO-3 All earth -moving operations reaching beyond the depth of two feet shall be monitored by a qualified paleontological monitor and continuous monitoring will become necessary if undisturbed, potentially fossiliferous lakebed sediments are encountered. The monitor shall be empowered to stop earth moving activities if fossils are identified. The monitor shall be prepared to quickly salvage fossils, but must have the power to temporarily halt or divert construction equipment to allow for removal of abundant or large specimens. A monitoring plan shall be provided to the City prior to the issuance of any earth moving permit, or the disturbance of any soils on the site, which will include: • Samples of sediments shall be collected and processed to recover small fossil remains. • Recovered specimens shall be identified and curated at a repository with permanent retrievable storage that would allow for further research in the future. • A report of findings, including an itemized inventory of recovered specimens and a discussion of their significance when appropriate, shall be prepared upon completion of the research procedures outlined above. The report shall be provided to the City within 30 days of the conclusion of monitoring activities. 45 390 Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects relating to paleontological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure GEO-3, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: In order to reduce impacts to paleontological resources encountered at depth on the project site, Mitigation Measure GEO-3 requires all earthmoving operations reaching beyond the depth of two feet to be monitored by a qualified paleontological monitor and continuous monitoring will become necessary if undisturbed, potentially fossiliferous lakebed sediments are encountered. With implementation of this mitigation measure, impacts associated with fossils on the project site will be less than significant. Based on the foregoing, the City Council finds that all potentially significant project -specific and cumulative impacts will be mitigated to below a level of significance through implementation of Mitigation Measures GEO-1 through GEO-3. NOISE Consistency with Established Noise Standards/Increases in Ambient Noise Levels. As analyzed in the Final EIR, the project will generate short-term construction noise and long- term increases in traffic noise and operational noise, including from the proposed Wave Basin. These increases in noise would be considered a significant adverse effect if they exceed the City's established noise standards. The City's Municipal Code establishes a daytime exterior noise standard of 65 dBA CNEL near sensitive receptors, including residential communities. The City also considers increases in existing ambient noise levels to be significant if they exceed 1.5 dBA where ambient noise levels already exceed 65 dBA, exceed 3 dBA where ambient noise levels are between 60 dBA and 65 dBA, or exceed 5 dBA where existing noise levels are less than 60 dBA. For construction noise, the City has established a significance threshold of 85 dBA, consistent with the National Institute for Occupational Health and Safety (See Draft EIR at pp. 4.11-18 — 4.11-21). Construction of the proposed project would generate short-term increases in noise, which would be considered a significant impact if these noise increases exceed the City's significance threshold. While the noise study determined that construction noise levels would not exceed the 85 dBA threshold at any nearby receptors, including future project residents (see Draft EIR Tables 4.11- 15 and 4.11-16), it identifies Mitigation Measures NOI-1 through NOI-4 to reduce construction noise. The project will not generate operational noise levels that exceed the City's 65 dBA noise we 391 standard or have any significant impact on any sensitive receptors, including residents in the surrounding communities. In addition, operational noise levels will not cause any substantial increases in ambient noise levels in excess of the significance thresholds specified above. However, off -site traffic generates traffic noise on the project site that could expose future project residents to noise levels that exceed the City's noise standard of 65 dBA. Mitigation Measures: To mitigate potential project specific and cumulative effects relating to noise, and to further minimize any noise increases for existing residents in the project vicinity, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: NOI-1 Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that project construction activities shall comply with the City of La Quinta Municipal Code requirements. NOI-2 During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. NOI-3 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise -sensitive receivers nearest the project site during all project construction (i.e., to the center). N0I4 The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck -related noise. NOI-5 A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area (PA II), in order to protect the proposed onsite residential uses from off -site traffic noise. The barriers shall provide a weight of at least four pounds per square foot of face area with no decorative cutouts or line - of -sight openings between shielded areas and the roadways. The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts shall not be made. All gaps (except for weep holes) should be filled with grout or caulking. NOI-6 The operation of the Wave Basin and associated Wave machines shall be limited to the daytime and evening hours of 7:00 a.m. and 10:00 p.m., compliant with the recreational operational hours allowed by the City of La Quinta. 47 392 Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to noise described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures NOI-1 through NOI-6, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, as well as the MMRP and project conditions of approval. Facts in Support of Finding: Construction of the proposed project would not result in significant impacts. While construction activities will create temporarily high noise levels in the immediate vicinity of the equipment, noise will not exceed the 85 dBA standard established by the National Institute for Occupational Safety & Health (NIOSH) identified by the City as the threshold of significance for noise impacts from construction activities. The highest construction noise levels at the nearby sensitive receptors (residences) are projected to range from 58 dBA to 76.5 dBA, which are well below the established threshold of significance (Draft EIR, Table 4.11-15). Additionally, the City of La Quinta established construction hours of operation to lessen the impacts of construction noise (see Draft EIR, Table 4.11-2). Although the project will not result in significant construction noise impacts, the project will be required to implement mitigation measures NOI-1 through NOI-4, to further reduce and minimize the generation of construction noise. The Noise Study analyzed operational noise generated by the proposed project, including off -site and on -site traffic noise generated by project -related increases in vehicular traffic, noise generated by the proposed special events, and noise generated by the Wave Basin. Measurements of existing noise levels at various locations were conducted in proximity to the proposed project. The ten locations where measurements were collected were chosen to represent noise sensitive areas, such as nearby residential properties. Traffic Noise: The project will generate a noise level increase of less than 3.0 dBA CNEL in all study area roadway segments except for segment 27 (Avenue 60 west of Madison Street), which will experience and increase of up to 3.2 dBA CNEL (Draft EIR, Tables 4.11-17, 4.11-18, and 4.11-19). Based on the significance criteria, the project -related noise level increases are considered less than significant under existing, plus ambient growth, plus cumulative development in buildout year 2026 (EAC 2026) with project conditions at the land uses adjacent to roadways conveying project traffic, because all but one segment (Avenue 60, west of Madison St.) experience increases of less than 3.0 dBA CNEL. While the segment of Avenue 60 west of Madison Street will experience an increase in roadway noise of 3.2 dBA under existing plus ambient and cumulative conditions, this increase does not exceed the established threshold of significance of a 5 dBA or greater increase in areas with ambient noise levels below 60 dBA (Draft EIR, Table 4.11-8). Therefore, offsite traffic would result in less than significant levels. 393 Off -site traffic also generates traffic noise on the project site; therefore, six-foot perimeter walls will be developed along the existing rights -of -way and adjacent to the proposed Low Density Residential Planning Area (PA II) (Mitigation Measure NOI-5). While this is not considered a significant impact under CEQA under the California Supreme Court decision in California Building Industry Assn. Bay Area Air Quality Management Dist. (2015) 62 Cal.4th 369, 392), implementation of mitigation measure NOI-5 and standard building construction and windows, will ensure that future project residents will not be exposed to interior or exterior noise levels that exceeds the City's established limits (Draft EIR, at pp. 4.11-42 — 4.11-43). Special Events: Noise generated by off -site traffic during the proposed special events was also analyzed in the Noise Study (see Draft EIR Table 4.11-20). The Noise Study projects that off -site roadway noise levels during special event conditions will range from 60.5 to 73.9 dBA CNEL, and will result in a noise level increases of 1.5 dBA or less at all sensitive receptor locations (excluding segment 27 described above, which will experience an increase of 3.2 dBA). Based on the significance criteria, the project -related roadway noise level increases are considered to be less than significant under the project with special events condition at the land uses adjacent to roadways conveying project traffic. Operational Noise: In addition to construction noise and off -site traffic noise, the Draft EIR (and the Noise Study and supplemental Noise Memo prepared by Urban Crossroads attached as Appendix K.1 and K.2 to the DEIR) analyzed operational noise impacts generated by the proposed project. Operational activities analyzed included activities associated with use of the Wave Basin, outdoor pool/spa activities, outdoor activities, and activities at the neighborhood commercial center. The operational noise levels that would be experienced at the sensitive receptor locations range from 39.8 dBA to 52.2 dBA, and the increase in ambient noise levels range from 0.0 dBA to 0.9 dBA at all locations except location R8 (the closest adjacent residence), which will increase 4.9 dBA, from 43.8 dBA to 48.7 dBA, which is still substantially below the City's outdoor noise standard of 65 dBA (Draft EIR, Tables 4.11-25 and 4.11-26). The proposed Wave Basin will use similar technology and equipment as the existing facility in Lemoore, California and, for this reason, noise measurements were collected at the existing Wave Basin and used in the analysis of the noise levels that would be generated by the Wave Basin included in the project. The proposed Wave Basin includes the following improvements that will reduce overall noise levels: (1) the tower -mounted speakers in Lemoore have been replaced by a set of smaller speakers located near the water surface level to reduce the announcement noise level, and (2) most of the winch cable system will be submerged under water, which will further reduce noise levels. See Exhibits L and M to the James Vaughn letter date August 22, 2022. However, the noise study did not reduce projected noise levels based on these enhancements, and instead, considered the actual, louder noise readings taken in Lemoore. These measurements included ten wave events, measured at eight different locations, over a period of 53 minutes. The reference noise levels indicate that during peak wave events, the Wave Basin generates noise levels ranging from 62.6 dBA Leq at the end of the Wave Basin, 73.8 dBA Leq in the lifeguard tower and 75.7 dBA Leq near the cable roller system. To describe the worst -case reference noise level conditions, the highest reference noise level describing each peak wave noise event of 75.7 dBA Leq at a distance of 12 feet was used in the analysis Draft EIR, pp. 4.11-45 — 4.11-46. The referenced noise level measurements included all sources of noise associated with the Wave Basin in Lemoore, 394 including loudspeaker announcements, noise generated from the waves and associated machinery and use of jet skis in the basin (See Final EIR, Appendix K.3). These noise levels taken at the noise source were input into the noise modelling software used by Urban Crossroads, CadnaA (Computer Aided Noise Abatement), which is a three-dimensional noise model that analyzes multiple types of noise sources using the spatially accurate project site plan, georeferenced Nearmap aerial imagery, topography, buildings, and barriers in its calculations to predict outdoor noise levels at the selected receptor locations (see Noise Study, pp. 73-74, at Draft EIR Appendix K.2). As shown on Table 4.11-26 in the Draft EIR, the operational noise levels at noise sensitive receptors ranged from 39.8 dBA to 52.2 dBA, and cause increases in ambient noise levels of less than 1.0 dBA at all but one location. In location R8, approximately 38 feet from the project site and south of Avenue 60, the ambient noise level would increase from 43.8 dBA to 48.7 dBA, which remains substantially below the City's established standard of 65. dBA (and the increase is below the applicable standard of 5.0 dBA) (see Draft EIR, pp. 4.11-47 — 4.11-49. On the specific issue of whether significant noise levels will be amplified by bouncing off Coral Mountain, the FEIR notes that based on Federal Highway Administration studies and guidance, if all noise striking a hard surface were reflected back to a given receiving point, the maximum increase in noise would be limited to 3dBA. However, not all acoustical energy is reflected back to the same point, and accordingly, FHWA measurements show that reflective noise increases do not exceed 1-2 dBA, which is not perceptible to the human ear (see Final EIR, at pp. 2-31 — 2-32, and Appendix K.2 to the Draft EIR). The City Council accepts and agrees with this expert analysis of potential noise impacts, and also adopts and incorporates by reference the analysis and conclusions set forth in Responses 52-h, 59-e, and 62-f in the Final EIR. The City Council also accepts and agrees with the supplemental noise memoranda submitted by Meridian Consultants (April 25, 2022) and Urban Crossroads (April 26, 2022 and August 16, 2022), addressing noise - related comments made during the public hearings, and find that these memoranda further confirm that the project will not have any significant noise impacts on the surrounding communities. Finally, on the specific issue of potential noise impacts from the speaker system used at the Wave Basin to make safety announcements, the City Council accepts and relies upon the evidence supplied by Kelly Slater Wave Co., dated August 8, 2022, and from Urban Crossroads, dated August 16, 2022, describing the details of the speaker system, which will not exceed City of La Quinta noise standards in any location. See Exhibits L, K, and M to James Vaughn letter dated August 22, 2022. TRANSPORTATION Consistency with an Applicable Plan or Policy Addressing the Circulation System. The proposed project would add traffic to area roadways that could result in significant changes in the level of service at area intersections and thus potentially conflict with a program plan, ordinance, or policy addressing the circulation system, which is considered a potentially significant adverse effect. 50 395 Mitigation Measures: To mitigate potential project specific and cumulative effects relating to traffic and transportation, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: TRA-1 The project proponent shall contribute DIF as required by the City of La Quinta. TRA-2 The project proponent shall contribute TUMF traffic impact mitigation fees prior to the issuance of Building Permits. TRA-9 If Special Events are to take place prior to the completion of Phase 3 construction, Phase 3 typical operations traffic improvements will be completed or the applicant shall provide a focused traffic analysis with the Temporary Use Permit that identifies any improvements that are not necessary to maintain acceptable levels of service at study intersections. If the analysis does not demonstrate acceptable operations, the TUP will be denied TRA-10 If Special Events are to take place prior to the construction of Phase 3, a special event traffic and parking plan will be submitted with each Temporary Use Permit to ensure that special events will not cause any significant traffic or parking impacts. If the analysis does not demonstrate acceptable operations, the TUP will be denied TRA-II Traffic Management Plans will be submitted to the City and the Police Department for review and approval prior to special events. Timing for installation of traffic management measures will be scaled to the size and duration of the event. In general, signage for large events should be in place five days prior and two days following special events. The City and Police Department may impose additional measures if determined to be necessary. Individual management plans for specific special events shall be submitted at least 30 days prior to the start of the event. The special event Traffic Management Plans shall include the measures identified in Mitigation Measures TRA-12 through TRA-14 below. TRA-12 In developing the Special Event Traffic Management Plan, the project proponent shall include the use of Portable changeable message signs (CMS) or moveable mechanical electronic message boards. CMS will be located at critical locations identified by the La Quinta Police Department (LQPD) and in place 5 days ahead of the event and 2 days after. TRA-13 In developing the Special Event Traffic Management Plan the project proponent shall include the use of law enforcement personnel and/or special 51 396 event flaggers to direct traffic in locations reviewed and approved by the City and Police Department. TRA-14 In developing the Special Event Traffic Management Plan the project proponent shall include the use of public service announcements (PSA) to provide information to event guests and surrounding neighborhoods prior to the event. Examples include online event information, brochures and changeable message signs that include details such as suggested routes, drop-off and parking facility locations. TRA-15 The project proponent shall ensure that the proposed Coral Mountain Interpretive Center trail designated by the Desert Recreation District Master Plan and associated with the future Coral Mountain Interpretive Center is incorporated into project plans. Accommodations for this trail shall be located along the approximate toe of Coral Mountain, within the designated conservation area at the southwestern edge of the property. Conditions of Approval: The project shall be conditioned to construct the following roadway improvements as identified in the Final EIR, which will be enforceable through both the conditions of approval and the Development Agreement: Phase 1 Improvements: Improvements to Avenue 58, Madison Street, Avenue 60, and project access points, and the project's fair share contributions toward planned traffic signals and related improvements at 5 area intersections as identified in Table 4.13-20 (see pages 4.13-29 — 4.13-33 of Draft EIR). Phase 2 Improvements: Increased fair share contributions toward planned traffic signals and related improvements at 6 area intersections as identified in Table 4.13-22 (see pages 4.13-34 — 4.13-37 of Draft EIR). Phase 3 Improvements: Installation of a traffic signal at the intersection of Madison St. and Avenue 58 and increased fair share contributions toward planned traffic signals at nine other intersections as identified in table 4,13-24 (see pages 4.13-37 — 4.13-41 of the Draft EIR). Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to traffic and transportation described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation 52 397 measures TRA-1, TRA-2, TRA-9 through TRA-15, and construction of the conditioned traffic improvements described above, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, Specific Plan, MMRP, and project conditions of approval. Facts in Support of Finding: Project Operations: Traffic related to project activities (both construction and operational) were analyzed in the Traffic Impact Analysis (TIA) and Vehicles Miles Traveled (VMT) Evaluation (Draft EIR, Appendices L.1 and L.2). The TIA was prepared in accordance with the City of La Quinta's Traffic Study Guidelines (Engineering Bulletin #06-13, dated July 23, 2015) and Engineering Bulletin #10-01, dated August 9, 2010, the City General Plan, and a traffic study scope reviewed and approved by City staff during the scoping process. The project will be gated and private, with the exception of the neighborhood commercial project at the northeast corner of Avenue 58 and Madison Street. The Wave Basin facility will be utilized by hotel guests, but outside trip generation was also included for employee trips at the hotel, resort commercial, and Wave Basin. Area residents and visitors will use the commercial retail area located in the northeast corner of the project, which will not be restricted to project residents and hotel guests. At project buildout, the site is anticipated to generate a net total of 6,994 external trip -ends per day on a typical weekday with 447 external vehicles per hour (VPH) during the weekday AM peak hour and 638 external VPH during the weekday PM peak hour. Under build out conditions, nine study area intersections will be impacted without the development of the project. The addition of the project will result in a total of ten impacted intersections under build out ("Phase 3") conditions. For Phase 3 traffic conditions, eight study area intersections are anticipated to require installation of a traffic signal in order to maintain acceptable level of service (LOS). Project and Capital Improvement Program (CIP) improvements will result in acceptable LOS for all intersections. Mitigation measure TRA-1 requires payment of the City's DIF, which funds the traffic improvements in the CIP program, which will result in less than significant impacts at all area intersections. In addition, all study roadway segments analyzed are anticipated to operate at acceptable volume -to -capacity ratio of 0.90 or less at buildout. The County Congestion Management Plan (CMP) 53 requires a LOS E or better for regional roadways. 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. Following the payment of required fees such as TUMF and DIF, as required under mitigation measures TRA-1 and TRA-2, less than significant impacts are anticipated relative to the CMP. Special Events: The applicant anticipates the potential occurrence of multi -day special events at this location involving attendance of not -to -exceed 2,500 guests per day. Any event occurring prior to the build out of the project, and concurrent roadway improvements and traffic signal 53 installations, could result in a significant impact on traffic operations. Therefore, if project special events are held prior to the construction of Phase 3 improvements, Mitigation Measures TRA-9 and TRA-10 condition issuance of the required Temporary Use Permit on (1) completion of the required improvements or, alternatively, a focused traffic analysis demonstrating that any required improvements that have not been completed are not necessary to maintain acceptable levels of service in all locations, and (2) a special event traffic and parking plan demonstrating that the special events will not cause any significant traffic or parking impacts. In addition, Mitigation Measure TRA-11, requires City and Police Department approval of a Special Event Traffic Management Plan prior to issuance of a Temporary Use Permit for any special events (whether or not the Phase 3 traffic improvements have been completed). Timing for installation of traffic management measures will be scaled to the size and duration of the event to ensure that the special events will not have any significant adverse effects. With implementation of the mitigation measures specified above, all project entries and other facilities were determined to be adequate for special event conditions, and the impacts associated with special events will be reduced to less than significant levels. Also see Final EIR Responses 52-n, 52-p, 83-h, and 90-e, which are hereby adopted and incorporated into the City Council's findings, analysis and conclusions. Finally, the applicant has agreed to a prohibition on any special events during the first two years of Wave Basin operations to allow the applicant and City to monitor actual Wave Basin operations, including traffic patterns, and to use that information to ensure that adequate conditions are imposed on any future Temporary Use Permit to avoid any significant impacts on the surrounding community. This provision is assured to be enforceable by the Development Agreement, approved concurrently with the project. Bicycle and Pedestrian Facilities: Interior to the project, Project Design Features (PDF) are incorporated that encourage the use of alternative transportation measures including pedestrian and bicycle travel. The project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The 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. Accordingly, the project will be consistent with the City's General Plan Update 2035 with respect to pedestrian and alternative transportation facilities. The Desert Recreation District Master Plan includes a proposed trail along the toe of Coral Mountain associated with the future Coral Mountain Interpretive Center. The proposed trail alignment falls within the project boundaries. As shown in Mitigation Measure TRA-15 project plans will include accommodations for this trail within the designated conservation area at the southwestern edge of the property to assure mitigation of.... Based on the foregoing, the project, including during special events, will not conflict with any applicable plans or policies addressing the circulation system, and will not have any project - specific or cumulative adverse effects on the roadways and intersections surrounding the project 54 399 (see Final EIR, pp. 2-32 — 2-35 and Appendices L.2 and L.3; and Draft EIR, pp. 4.13-17 — 4.13- 51 and Appendices L.1). The City Council has reviewed the Draft EIR comments raising concerns about the project, including special events increasing traffic in the area, including Comment 22 j, Comments 83-e through 83-k and the August 3, 2021 letter from Minagar & Associates attached as Exhibit 2 to Comment letter 83, and Comment 90-d. The City finds that these comments contain inaccurate statements regarding the project and the traffic study (Draft EIR Appendices L.1 and L.2), and do not contain substantial evidence of any significant transportation effects that will not be mitigated to a level of less -than -significant, nor do they contain substantial evidence of any material inaccuracies in the project traffic study and analysis. Rather, the City Council finds the Final EIR Responses to these comments to be persuasive, and hereby adopts those responses and incorporates them into the City Council's findings, analysis and conclusions regarding potential transportation impacts (Final EIR Responses 22 j, 83-e through 83-k, and 90-d). The City Council also adopts and incorporates by this reference Appendix L.3 to the Final EIR, which responds to each of the comments and issues raised the Minagar & Associates letter attached as Exhibit 2 to Comment letter 83. Effect of Geometric Design Features. The project has the potential to create traffic hazards if the line -of -sight from project entrances are inadequate, or if traffic queuing at project entrances exceeds the storage length of the applicable turn lanes. Mitigation Measures: To mitigate potential effects relating to traffic hazards, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: TRA-3 The project proponent shall ensure that streetscape improvement plans for the project frontage on Avenue 58, Madison Street and Avenue 60, are submitted to the City for review and approval prior to the initiation of landscape or roadway improvements. TRA-4 The project proponent shall ensure that clear unobstructed sight distances are provided at all site access points and internal intersections. Sight distances shall be reviewed and approved by the City prior to approval of landscape and street improvement plans. TRA-5 The project proponent shall ensure that final layout and site access design are subject to the review and approval of the City Traffic Engineer prior to final project approval. TRA-7 The project proponent shall ensure that traffic signing and striping plans shall be developed in conjunction with street improvement plans and 55 1 submitted to the City of La Quinta for review and approval during the project approval process. TRA-8 The project proponent shall ensure that Construction Traffic Control Plans are reviewed and approved by the City prior to project construction. These plans are to be implemented during construction activities. Construction includes onsite and offsite improvements. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to traffic and transportation hazards described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures TRA-3 through TRA-5, TRA-7 and TRA-8, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, Specific Plan, MMRP, and project conditions of approval. Facts in Support of Finding: The project will be developed in accordance with design guidelines included in the Specific Plan and will not create a substantial increase in hazards due to a design feature. As provided in Mitigation Measures TRA-3 and TRA-4, the project's access points will be located with adequate sight distances, which will be required to meet City standards. In addition, a queuing analysis was performed to ensure adequate turn lanes and stacking distances at all project entrances. The installation of site and landscape improvements will be required to avoid interfering with adequate sight distances. Project plans will be reviewed for any sight distance conflicts and will require approval by the City. As required in Mitigation Measures TRA-5 and TRA-7, the internal circulation system would provide adequate fire department access. Final layout and site access design shall be reviewed and approved by the City Traffic Engineer as well as the Fire Department to ensure compliance with their established standards. As provided in Mitigation Measure TRA-8, Traffic Control Plans will be implemented during construction activities. These plans will reduce potential impacts that may arise due to conflicts with construction traffic, consistent with City standards. Accordingly, the project is not anticipated to increase hazards due to geometric design features or incompatible uses. Following implementation of the mitigation measures, as well as the City review and approval process for all improvement plans, impacts will be less than significant. 56 401 Emer2ency Access. As the project will be a gated, private community (other than the neighborhood commercial area near Madison St. and Avenue 58), there is a potential for emergency access to be impeded by the access gates or other project features, and accordingly, this is considered a potentially significant impact. Mitigation Measures: To mitigate potential project effects relating to emergency access, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP: TRA-5 The project proponent shall ensure that final layout and site access design are subject to the review and approval of the City Traffic Engineer prior to final project approval. TRA-6 The project proponent shall ensure that emergency police, fire and paramedic vehicle access are provided for the project prior to final project approval. TRA-7 The project proponent shall ensure that traffic signing and striping plans shall be developed in conjunction with street improvement plans and submitted to the City of La Quinta for review and approval during the project approval process. Finding: Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to emergency access described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure TRA-5 through TRA-7, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, Specific Plan, MMRP, and project conditions of approval. Facts in Support of Finding: For gated projects, the Fire Department requires the installation of a Knox -Box Rapid Entry System or similar device to facilitate emergency access by fire fighters and other emergency first responders (Mitigation Measure TRA-6). The internal circulation system would provide adequate fire department access. Final layout and site access design shall be reviewed and approved by the City Traffic Engineer as well as the Fire Department to ensure compliance with their established 57 402 standards. (Mitigation Measures TRA-5 and TRA-7). Therefore, the project is not anticipated to result in inadequate emergency access, and with mitigation, impacts will be less than significant. TRIBAL CULTURAL RESOURCES Impacts to Significant Tribal Cultural Resources The proposed project could have a potentially significant impact on Tribal Cultural Resources within or near the project site. In particular, the project site and the adjacent Coral Mountain contain three sites that have been determined to constitute a significant archaeological and historical resource which are also a "Tribal Cultural Resource" as defined in Public Resources Code § 21074 (Sites 33-00193, 33-001715, and 33-009545). These three sites are situated along the eastern base of Coral Mountain and contain panels of rock art as well as other associated artifacts and features. These sites, known collectively as the "Coral Mountain Rock Art Complex," could be adversely affected by development of the Project. The project could also impact five other previously identified sites and seven isolates that were determined through Tribal consultation to have significance to the Agua Caliente Band of Cahuilla Indians (ACBCI). Additionally, construction of the project would involve ground -disturbing activities such as grading and surface excavation, with the potential to unearth or adversely impact other known or previously unidentified tribal cultural resources. These are considered significant adverse impacts. Mitigation Measures: To mitigate potential project specific and cumulative effects relating to Tribal Cultural Resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP: TCR-1: Before ground disturbing activities begin, the applicant shall contact the ACBCI Tribal Historic Preservation Office to arrange cultural monitoring. The project requires the presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). 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 and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. TCR-2: The presence of a qualified archaeologist shall be required during all project related ground disturbing activities, including clearing and grubbing. A monitoring plan shall be prepared and approved by the ACBCI and provided to the City prior to the initiation of any ground disturbing activity for all construction phases and activities. If potentially significant archaeological materials are discovered, all work must be halted in the vicinity of the 403 archaeological discovery until the archaeologist can assess the significance of the find. TCR-3: Before ground disturbing activities, the project's archaeologist shall prepare an Archaeological Treatment, Disposition, and Monitoring Plan to be submitted to the ACBCI Tribal Historic Preservation Office for approval. The Treatment, Disposition and Monitoring Plan shall be deemed rejected by ACBCI's Tribal Historic Preservation Office if no action to approve the plan is taken within 30 days from submission for approval. If the ACBCI Tribal Historic Preservation Office rejects two Treatment, Disposition and Monitoring Plans submitted for approval, the applicant may appeal the second denial to the La Quinta City Council for a final determination. The approved Treatment, Disposition and Monitoring Plan shall be provided to the City prior to any ground disturbance on the site. TCR-4: Before ground disturbing activities, the project's archaeologist shall prepare a Rock Art Management Plan, based on recommendations made in the report by McCarthy and Mouriquand, and shall submit the plan to the ACBCI Tribal Historic Preservation Office for approval. The Rock Art Management Plan shall be deemed rejected by ACBCI's Tribal Historic Preservation Office if no action is taken to approve the plan within 30 days of submission for approval. If the ACBCI Historic Preservation Office rejects two Rock Art Management Plans submitted for approval, the applicant may appeal the second denial to the La Quinta City Council for a final determination. The approved Rock Art Management Plan shall be provided to the City prior to any ground disturbance on the site. TCR-5: Sites 33-00193, 33-001715, and 33-009545, along the base of Coral Mountain and at the toe of the slope, which contain the rock art panels and bedrock milling features, shall be avoided and protected in situ during project construction through the establishment of Environmentally Sensitive Areas; the Environmentally Sensitive Areas shall be recorded on the property, and proof of recordation shall be provided to the City prior to any ground disturbance in Planning Area III. Nominations of these sites to the National Register of Historic Places shall be filed with the appropriate federal agency prior to the issuance of the first grading permit; and the sites shall be subject to the provisions of the Rock Art Management Plan. TCR-6: For the portion of Site 33-001715 outside the preservation area established in TCR-5, mitigative surface collection and subsurface excavation shall be completed prior to any ground disturbance in Planning Area III to recover a representative sample of the cultural materials prior to the commencement of the project and as a condition of grading permit issuance. The excavation shall include a combination of standard archaeological units, shovel test pits, and backhoe trenches to optimize both efficient coverage of the site area and safe recovery of cultural remains. The survey protocols shall be 59 approved by ACBCL A report of findings, including written confirmation of completion to ACBCI's satisfaction, shall be provided to the City prior to ground disturbance. TCR-7: Prior to ground disturbance in Planning Area III, a qualified archaeologist shall complete surface collection, testing and excavation if necessary, for sites 33-1716, 33-1717, 33-8386, 33-9001, 33-9003, 33-28907, 33-28908, 33-28909, 33-28910, 33-28911, 33-28912. A report of findings including written confirmation of completion to ACBCI's satisfaction, shall be provided to the City prior to ground disturbance. TCR-8: A comprehensive recordation program shall be prepared by a qualified archaeologist for Site 33-008388. The program shall contain detailed drawings and measurements to preserve the information on the adobe building. Such information would include the floor plan, elevations, building materials and their configurations, and any other notable structural and architectural details. The adobe remains and an appropriate buffer determined by the project archaeologist shall be flagged and cornered off during all ground disturbance and preserved in place. Prior to the occupancy of any structure in Planning Area II, the adobe will be fenced off and an informational plaque describing the history of the ranch complex shall be provided, and the project proponent shall provide the City with the CC&Rs for the project area, demonstrating that the feature would be maintained in perpetuity by the project's Homeowners Association. Special attention should be given to the residence foundation, which, may be the remains of one of the earlier structures at the site, dating from 1920s or before. The footings and slabs at this location should be cleared and measured, and attempts should be made to locate the original trash pits or privies which could contain valuable artifacts revealing much about life in the harsh environment at such an early date. The scatter of artifacts has the greatest number of pre-1925 artifacts, mostly in the form of sun -colored glass, but also in brown and olive glass, porcelain, ceramics and more. There may be remains of an early structure near this point, hidden amidst the broad stand of tamarisk trees, an original windbreak. Search of these remains is required to ensure the most complete recovery possible °f the early 20t' century artifacts and features. Photos, measurements, and artifacts shall be catalogued, analyzed, reported, and curated at the Coachella Valley Museum (Love et al. 1998:54). TCR-9: The applicant shall coordinate with ACBCI Tribal Historic Preservation Office to ensure there are a sufficient number of Native American monitors for the number of earth -moving machinery for each phase of development. The applicant shall provide the City with fully executed monitoring agreements prior to each phase of ground disturbing activity. :1 MI, TCR-10: Should human remains be inadvertently discovered during ground disturbance, the provisions of California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5 shall be followed. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site of the remains, 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 the Native American Heritage Commission within 24-hours. TCR-11: Prior to any ground disturbance, the applicant shall sign a curation agreement with the ACBCI THPO. A fully executed copy of the agreement shall be provided to the City. TCR-12: Prior to any ground disturbance, cultural sensitivity training shall take place for all contractors with the staff at the Agua Caliente Tribal Historic Preservation Office (THPO). Findin : Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to Tribal Cultural Resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures TCR-1 through TCR-12, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the Development Agreement, Specific Plan, MMRP, and project conditions of approval. Facts in Support of Finding: The City of La Quinta initiated and completed Tribal consultation as required under SB 18 and AB 52. The ACBCI requested consultation, which was conducted between February 2020 and June 2020. During consultation, ACBCI indicated that the Coral Mountain Rock Art Complex is especially important, and the Tribal Historic Preservation Officer (THPO) requested that this area be avoided and preserved. Mitigation Measure TCR-5 will ensure that the sites are avoided and protected in situ during any development activity through the establishment of Environmentally Sensitive Areas. To provide long term protection of these sites, Mitigation Measures TCR-5 and TCR-6 require prohibition of development and the recordation of protective easements, as well as a program of research and documentation of the sites. For the balance of one of the sites, where scattered artifacts but no features were found, mitigative surface collection and subsurface excavation is required to recover a representative sample of the cultural materials prior to the commencement of the project (Mitigation Measure TCR-6). In addition, the project's Me archaeologist will be required to prepare an Archaeological Treatment, Disposition, and Monitoring Plan and a Rock Art Management Plan prior to ground disturbing activities. Both plans are to be submitted to the ACBCI THPO for approval, and once approved provided to the City (Mitigation Measures TCR-3 and TCR-4). Mitigation Measures TCR-3 through TCR-7 will mitigate potential disturbance of the Coral Mountain Rock Art Complex less than significant level. The project archaeologist determined that the remaining five of the eight previously identified cultural resource sites and all seven isolates, recorded within or partially within the current project area, do not constitute a unique archaeological resource or an historical resource. During Tribal consultation, however, the ACBCI disagreed. Based on their resource inventories, and the breadth and significance of resources identified in and surrounding the project site, the area is considered significant to the Tribe. The Tribe requested further surface investigation, testing, and excavation, if necessary, of these sites and isolates to assure that impacts to Tribal resources in the area are not significant. In order to assure that the impact is reduced to less than significant levels, Mitigation Measure TCR-7 requires a qualified archaeologist to complete surface collection, testing and excavation if necessary, for the sites. A report of findings, including written confirmation of completion to ACBCI's reasonable satisfaction, shall be provided to the City prior to ground disturbance. Since the project is located within the ACBCI's Tribal Traditional Use Area and the Tribe's records indicate that Tribal cultural resources are located within the project area, cultural monitoring, including an ACBCI monitor, is required to address the Tribe's concern for the presence of Tribal cultural resources (Mitigation Measure TCR-1). In addition, TCR-2 and TCR- 9 require monitoring on the site for all earth moving activities (including vegetation removal, grubbing, grading and excavation) by both archaeological and Tribal monitors. These monitoring activities will provide further protection of these resources. In addition, as described above concerning Cultural Resources, most of the project area had been developed by the 20t' century into an agricultural business known in the 1950s as the Coral Reef Ranch. At least four buildings were present on the landholdings of the ranch, all clustered on the northern edge of the project area. The remains of the ranch complex, including the partially collapsed adobe house, have been recorded into the California Historical Resources Inventory. The ranch complex has historic significance and although ACBCI stated that this site is not significant to Tribal history, it has significance to the region's early farming traditions. Significant adverse effects to this resource are avoided through mitigation measure TCR-8 and mitigation measure CUL-1 (described above concerning Cultural Resources). California law requires the protection of historic —era and Native American human burials, cremations, skeletal remains and items associated with Native American interments from vandalism and inadvertent destruction. Mitigation Measure TCR-10 provides for this with the implementation of State law relating to human remains. To further protect resources that may be uncovered during project development, Mitigation Measures TCR-I I and TCR-12 will require a standard curation agreement with the ACBCI and construction worker sensitivity training during all aspects and phases of project construction. Together, these mitigation measures will assure that impacts to Tribal resources unearthed during all phases of project construction will be reduced to less than significant levels. For the reasons set forth above, with the implementation of Mitigation Ce 407 Measures TCR-1 through TCR-12, impacts to Tribal Resources will be reduced to less than significant levels. IV. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT The Final EIR also determined, based upon substantial evidence in the record, the following impacts associated with the project are less than significant and no mitigation is required. The City hereby adopts the findings, analysis, and conclusions regarding these potential impacts set forth in the Final EIR, and incorporates the same herein by this reference. AESTHETICS Effects to the Visual Character or Quality of the Site. The project will change the visual character of the site from a former ranch site and largely undeveloped desert open space to a developed resort residential and mixed -use project. Finding: The City Council finds that the project fits with the resort residential community character of this portion of the City, and through compliance with the design guidelines in the Specific Plan and the applicable City requirements, the project's effects relating to the visual character and quality of the site will be less than significant. No mitigation measures are necessary. Facts in Support of Finding: All proposed development within the project area is required to be cohesive and complementary to the adjacent land uses by incorporating improvements such as landscaping and block walls along the perimeter of the project. The project will comply with the City standards and guidelines regarding building heights in Image Corridors within 150 feet of Avenue 58 and Madison Street, as required by the La Quinta Municipal Code, in order to reduce impacts to scenic resources, Coral Mountain and the Santa Rosa Mountains. In addition, the project's perimeter landscaping, block wall, and the entry points will be similar in appearance and quality to the existing communities to the north, east, and south. Likewise, the majority of the project's perimeter areas will be developed with low -density residential uses, consistent with surrounding communities (Draft EIR at p. 4.1- 48). The residential and resort uses within the project will be subject to the regulations outlined within the Specific Plan and will be consistent with the prevailing desert-themed architectural styles of other resort and residential developments in the City, including the gated residential communities to the north, Andalusia Country Club to the east, and gated residential communities to the south (Draft EIR at pp. 4.1-48 — 4.1-51). The neighborhood commercial uses at the corner of Madison St. and Avenue 58 will also comply with the City's Municipal Code height requirements for commercial buildings and will not result in any significant impacts to visual character or scenic quality (Draft EIR at pp. 4.1-51 — 4.1-53). The Wave Basin, resort hotel, and other uses in the project's Tourist Commercial planning area are located in the southwest portion e M of the project site and will not be readily visible from the perimeter of the project or other off -site locations (See Draft EIR line -of -sight and visual simulations, Exhibits 4.1-4 — 4.1-13). The fact that the revised lighting system reduces the maximum height of light poles to 40-feet, which will not be visible from the surrounding roadways over the perimeter walls, further supports this conclusion. Based on the foregoing, the project will be consistent and compatible with the visual character and quality of the project site and surrounding communities and will not have any significant effects. AIR QUALITY Consistency with implementation of applicable air quality plans and standards. California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS) violations would occur if regional or localized significance thresholds were exceeded. The project site is located within Salton Sea Air Basin (SSAB) and is subject to SCAQMB's 2016 Air Quality Management Plan. In addition, the City enacted its Fugitive Dust Control ordinance in Chapter 6.16 of the Municipal Code to ensure construction projects comply with SCAQMD Rules 403 and 403.1. Violations of, or inconsistencies with implementation of the 2016 Air Quality Management Plan or the City's Fugitive Dust Control ordinance would constitute a significant adverse effect. Create obiectionable odors The project does not include any of the land uses generally associated with odor complaints; the low density residential, open space recreational, tourist commercial, wave basin, and general commercial uses associated with the project are not expected to operate in a manner resulting in other emissions leading to objectionable odors. Potential odor sources associated with the proposed project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities and the temporary storage of typical solid waste (refuse) associated with the proposed project's (long-term operational) uses. Finding: The City Council finds that the project is consistent with all applicable air quality plans and will not result in an increase in the frequency or severity of existing air quality violations or contribute to a new violation, and accordingly, impacts will be less than significant. No mitigation measures are necessary. The City Council further finds that the project's odor related impacts will be less than significant. No mitigation measures are necessary. Facts in Support of Finding: The project would not exceed the applicable regional significance thresholds or localized significance thresholds (LST) for construction activity after implementation of the Best Available Control Methods (BACM AQ-1, AQ-2, and AQ-3) listed above (Draft EIR at pp. 4.1-15 — 4.1- ,m 18)1. In addition, the project's operational emissions would not exceed the applicable regional significance thresholds or LST (Draft EIR at pp. 4.1.16 — 4.1-18, and Table 4.2-8 and 4.2-13). In addition, the project is consistent with the growth projections included in the 2016 AQMD. Accordingly, the project is consistent with all applicable air quality plans, including SCAQMD's 2016 Air Quality Management Plan. Impacts would be less than significant. Construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction and are thus considered less than significant. It is expected that project -generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City's solid waste regulations. The proposed project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odors associated with the proposed project construction and operations would be less than significant. ENERGY Consumption of Energy Resources. The project construction activities will consume energy resources, primarily in the form of petroleum and electricity. However, there are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable construction activities, or that would violate current emissions standards (Draft EIR, at pp. 4.5-20 — 4.5-25), and therefore, construction -related impacts would be less than significant. The project would increase demand for energy in the project area, including electricity, natural gas, and petroleum, and is located within the service areas of (Imperial Irrigation District) IID and SoCal Gas Company. The project would not, however, include wasteful, inefficient, or unnecessary consumption of these energy resources. The project proposes a complimentary mix of uses that will reduce vehicle miles traveled, and thus reduces the consumption of petroleum projects for vehicle use. In addition, the project includes energy efficiency measures that will reduce the consumption of electricity, including energy efficient windows, roof systems, electrical lighting systems, and HVAC systems, and will be compliant with Title 24 energy efficiency requirements. Consistency with a State or Local Plan for Renewable Energy or Energy Efficiency. The project is subject to CALGreen Building Codes and Title 24 codes and standards for both residential and nonresidential components of the project, as well as the City of La Quinta's GHG Reduction Plan and General Plan goals and policies for reducing energy consumption. As a result, the project is required to incorporate energy efficient design features that result in substantial reductions in energy consumption and GHG emissions, including the measures described below and in the Draft EIR. ' Pages 1 — 34 of the Air Quality Chapter of the Draft EIR (Chapter 4.2) were inadvertently mis-numbered as pages 4.1-1 through 4.1-34, instead of 4.2-1 through 4.2-34. M 410 Project Design Features: Energy -saving and sustainable design features, as well as operational programs would be incorporated into the project (Draft EIR, at pp. 4.5-22 — 4.5-29). Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures but will be made enforceable by the City pursuant to the Specific Plan, Development Agreement, and/or project conditions of approval. The project will require submittal to the appropriate agencies discussed in this section for review and approval of on -site design for circulation, building standards and utility installation. The following PDFs are part of the project: Specified use of Energy Star appliances Installation of water -efficient plumbing fixtures Installation of tankless water heaters Installation of light -emitting diode (LED) technology within homes Use of recycled water (non -potable) for common area landscape irrigation Use of drought -tolerant plants in landscape design Installation of water -efficient irrigation systems with smart sensor controls Installation of photovoltaic (PV) systems (15% of electricity supply) Installation of high efficiency lighting Applying energy efficient design building shells and components In addition, the mixed -use design of the project, combined with walkability and connectivity design elements and the multi -model transportation system, optimize on -site interaction and result in reduced vehicle trips and vehicle miles traveled, as compared to purely residential or other standalone projects, thus reducing petroleum use (Draft EIR, at pp. 4.5-31 — 4.5-32). Finding: The City Council finds that compliance with existing state, regional, and City regulations, plans, and programs, in addition to the incorporation of the PDFs identified above and in the Draft EIR, including the use of energy efficient building materials and design features, would ensure that the project is consistent with all applicable state and local plans for energy efficiency and that consumption of energy resources would not be wasteful, inefficient, or unnecessary, and therefore, project impacts related to energy resources will be less than significant. No mitigation measures are necessary. Facts in Support of Finding: Project construction and operation will not result in significant impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation because the project is consistent with CALGreen Building Codes and Title 24 codes and standards for both residential and nonresidential components of the project, as well as the City of La Quinta's GHG Reduction Plan and General Plan goals and policies for reducing energy consumption (Draft EIR, at pp. 4.5-20 — 4.5-34). The project proposes a mixed -use development that provides complementary uses with an emphasis on connectivity and alternative modes of transportation to 411 reduce vehicle use within the project. In addition, the mandatory PDF's identified above result in a 17.25% reduction in projected electricity, thus further avoiding any wasteful, inefficient or unnecessary consumption of energy resources (Draft EIR, at pp. 4.5-25 — 4.5-28). Therefore, the project is consistent with General Plan Policy SC-1.5 and associated programs in the Livable Community Element in the General Plan. In addition, the Project will provide multiple transportation facilities for motorists, cyclists, pedestrians, and drivers of electric vehicles throughout the property and connecting to public transportation systems (Draft EIR, at pp. 4.5-30 — 4.5-33). The City Council also incorporates Responses 52-k, 59-b, and 61-h, into the City Council's findings, analysis, and conclusions regarding the project's energy use. GEOLOGY AND SOILS Direct or Indirect Effects Involving Strong Seismic Shaking or Landsides: Strong Seismic Shaking: The project site is located approximately 7.75 miles southwest of the closest active fault zone, the San Andreas Fault. The Geotechnical Investigation states that due to the multiple active faults in the project's vicinity, the site has been subjected to past ground shaking, and strong seismic shaking is expected during the design life of the proposed project. Landslides: Coral Mountain, an elevated topographic feature defines the project property's southwest boundary, is identified in the City's General Plan as having a high or very high possibility of earthquake induced slope instability and potential for soil block slides, soil slumps, and rock falls. Soil Erosion or Loss of Topsoil: The project site is located in an area defined in the City's General Plan as having high and very high susceptibility to wind erosion. The project site is also subject to potential waterborne erosion. Project development has the potential to cause significant adverse erosion effects, including the generation of fugitive dust. Finding: The City Council finds that compliance with existing state, regional, and City regulations, plans, and programs will avoid significant risks from strong seismic shaking, landslides and soil erosion, and these geology and soils impacts would be less than significant. Facts in Support of Finding: The project will be required to comply with the most current seismic design coefficients and ground motion parameters in the California Building Code, and all site work will be conducted in accordance with the project -specific geotechnical and soils analysis, and therefore, impacts from strong seismic groundshaking are expected to be less than significant. 67 412 The project does not propose any development at the base of Coral Mountain and the closest habitable structure would be located approximately 170 feet away. Accordingly, impacts relating to landslides will be less than significant. The project is required to implement the Coachella Valley PM10 Plan to avoid windblown sand from leaving the site. The project will also be required to implement a S WPPP to avoid stormwater from carrying soil or sand from the site. Finally, the project will require a Water Quality Management Plan for long-term operations to prevent soil or contaminants from being washed from the site. Compliance with these legal requirements will ensure that impacts relating to soil erosion are less than significant. GREENHOUSE GAS EMISSIONS Consistency with Applicable Plan, Policy or Regulation. The project's construction and operations will generate some additional GHG emissions, and to the extent those emissions conflict with the CARB 2017 Climate Change Scoping Plan or the City's GHG Reduction Plan, the project would have a significant adverse effect. Finding: The City Council finds that the project is consistent with the applicable CARB 2017 Climate Change Scoping Plan, as described in detail on pages 4.7-20 through 4.7-25 of the Draft EIR, which analysis and conclusions are incorporated by this reference, and based thereon, finds that the project will not have any significant impacts relating to inconsistencies with applicable GHG plans, policies or regulations. Facts in Support of Finding: The facts in support of this finding are set forth in Table 4.7-9 of the Draft EIR (Scoping Plan Consistency Summary), which demonstrate that the project does not conflict with any of the plan components and supports seven of the Plan's action categories. In addition, the City Council reviewed and considered the Draft EIR comments relating to GHG emissions, including Comments 52-k, 79-h, 79-I and 79-q (which is a letter from SWAPE attached as Exhibit A to Comment letter 79), as well as the subsequent letters from Mitchell Tsai dated March 22, April 12, and April 26, 2022, and from SWAPE dated April 6, 2022. The City Council finds that these comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to GHG emissions, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. Rather, the City Council finds Final EIR Responses 52-k, 79-h, 79-I and 79-q persuasive, and hereby adopts those responses and incorporates them into the City Council's findings, analysis and conclusions regarding GHG emissions. HAZARDS AND HAZARDOUS MATERIALS Transport, Use, or Disposal of Hazardous Materials, Including Accidental Release .: 413 The project will use oils, fuels, and other potentially flammable substances and materials in connection with construction activities. Project operations will include the transport, storage and use of sodium hypochlorite and sulfuric acid to treat and disinfect the Wave Basin, as well as other cleaning agents, building maintenance products, paints, solvents, fertilizers, and similar substances in amounts typical for resort projects. Effect on an Emergency Response Plan Project implementation will not interfere with the critical facilities, emergency transportation and circulation, or emergency preparedness coordination as set forth in the Emergency Services Element of the 2035 La Quinta General Plan and the City's Emergency Operations Plan (Draft EIR, at pp. 4.8-21— 4.8-23). Prior to construction, both the Fire Department and Police Department will review each sub -area plan as it is brought forward, to ensure safety measures are addressed, including emergency access, and project impacts will be less than significant (Draft EIR, at p. 4.8- 23). Risk of Wildfires The project site, located on the southwest corner of Madison Street and Avenue 58, is currently vacant with scattered desert vegetation. Existing land uses that surround the project include a mix of residential uses and vacant, undeveloped land. 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 (VHFHSZ). Additionally, 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 will be less than significant (Draft EIR, at pp. 4.8-23 — 4.8-24). Other Potential Hazards During the public review period for the Draft EIR, members of the public raised questions regarding whether the water temperature of the Wave Basin could reach temperatures that could be harmful to surfers, including from "brain eating ameba." These concerns are addressed in the Final EIR Responses 65-c and 77-u, and in Appendix M.2, which are hereby adopted by the City Council and incorporated in its findings, analysis and conclusions. As stated in those Responses, the size of the Wave Basin, the circulating wave action, and the relatively cooler temperatures at night avoid the risk of water temperatures reaching unsafe levels. In addition, the project is subject to Riverside County and State of California Department of Health regulations that ensure the water is properly treated and maintained to avoid any risk of unsafe bacteria levels. The Council finds the substantial evidence provided in those Responses demonstrates that the Wave Basin operations will not subject surfers or others to hazardous or unsafe water condition. :' 414 Finding: The City Council finds that compliance with existing federal, state, regional, and City regulations will ensure impacts related to project construction and operations, including the maintenance of the Wave Basin and landscaped areas (i.e., disinfectants, fertilizers, pesticides, etc.), the potential for accidental release of hazardous materials, the potential effects on emergency response plans, the risk of wildfires, and other potential hazards will be less than significant. Facts in Support of Finding: The Wave Basin is treated through a combination of filtration, UV treatment, and typical pool - maintenance chemicals (sodium hypochlorite and sulfuric acid), and these chemicals will be properly stored on -site in polyethylene tanks located in a pre-engineered metal building with chemical resistant coating (see Draft EIR, at pp. 4.8-18, and Final EIR, Appendix M.2). The project is required to comply with the permitting and hazardous material handling requirements of Riverside County Municipal Code Chapter 8.64 and California Health & Safety Code Chapter 6.95, which further ensures that the project will not have any significant adverse effects relating to the transport, use, storage, or accidental release of hazardous materials (Draft EIR, at pp. 4.8-19 — 4.8-20). Also see Final EIR Responses 52-1 and 65-c, which are hereby adopted and incorporated by reference in the City Council's findings, analysis and conclusions. Finally, the City Council rejects the assertion in the letter from Mitchell Tsai, dated April 26, 2022, that the EIR's analysis of hazardous materials is inadequate because it failed to include a Phase I environmental site assessment (ESA) and because it did not specifically analyze "contaminants of emerging concern" or "CEC," including "per- and polyfluoroalkyl substances." Rather, the City Council finds that the EIR properly determined that project site is not included on any list of hazardous materials sites, and that there is no evidence of any hazardous materials on the project site (Draft EIR, at pp. 4.8-20 — 4.8-21). The City Council finds that neither a Phase I ESA or a separate analysis of CECs is warranted or appropriate under CEQA given the particular facts and circumstances of the project and project site. In addition, as explained above and in the Draft EIR, the project is not located in a Moderate, High or Very High Fire Hazard Area and all implementing plans will be reviewed by the police and fire departments, so impacts relating to wildfires and emergency response plans will be less than significant. HYDROLOGY AND WATER QUALITY Compliance with Water Ouality Standards or Waste Discharge Requirements During construction and operation (life of the project), implementation of the proposed development will be required to comply with CWA, NPDES, state, and local regulations to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. These requirements include development and implementation of a project -specific storm water pollution prevention plan (SWPPP) and compliance with NPDES General Permit, Order No. 2009-0009-DWQ, as amended by 2010-00014-DWQ and 2012-006- 70 415 DWQ, during all construction activities (Draft EIR, at pp. 4.9-16 and 4.9-17). The project is also required to develop and implement a project -specific Water Quality Management Plan (WQMP) and to comply with the NPDES Order No. R7-2013-0011 (Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer System (MS4) within the Whitewater River Watershed) during long-term operations (Draft EIR, at pp. 4.9-18 — 4.9-19). Effect on Groundwater Supplies or Interference with Groundwater Recharge The project will increase demand for potable and non -potable water as a result of developing currently vacant land with residential and resort uses, including the Wave Basin. The project's long-term water demand, and the availability of adequate water supplies, including from groundwater in the Indio subbasin, were evaluated in a project -specific Water Supply Assessment and Water Supply Verification approved by CVWD ("WSA/WSV"). The project's total water demand is projected to be 958.63 acre feet per year (AFY), which accounts for approximately 0.49 percent of the total projected growth in water demand presented in the 2015 Urban Water Management Plan (Draft EIR, at pp. 4.9-19 and 4.19-20). In addition, the WSA/WSV and the Indio Subbasin Groundwater Management Plan Update confirm that CVWD has adequate water supplies to serve the project and all other existing and planned future uses without substantially decreasing groundwater supplies. Finally, the project will not cause any direct or indirect impacts to the Thomas Levy Groundwater Replenishment Facility or otherwise interfere with CVWD's ongoing groundwater replenishment activities. Potential Impacts From Alteration of Existing Drainage Patterns Existing conditions across the project site are characterized by leveled terrain with scattered vegetation coverage resulting from past site clearing and agricultural operations on most of the property. The proposed uses will result in an increase in impervious surfaces that, without engineering controls, would result in an increase in total stormwater runoff volume, an increase in runoff velocity, and the potential to cause erosion impacts, flooding, and polluted runoff. However, as required through the City's engineering standards for land subdivisions and development, the project will incorporate on -site drainage and flood control improvements to intercept, convey, and retain stormwater runoff from the controlling 100-year storm event. Inundation by Flooding, Seiche, Tsunami or Mudflow The project is located in FEMA's Zone X designation, which applies to areas with "reduced flood risk due to levee." In this case, the project is protected from flood inundation by CVWD's Dike No. 2 and Dike No. 4. The project is not located near any coastal areas where tsunami damage is a risk. Although the project includes a Wave Basin that can create waves in excess of 6 feet tall, the Wave Basin is engineered to contain all water within the Wave Basin, including with sufficient freeboard to contain waves from the Wave Machine. This would also adequately address any risk of seiche (wave oscillations from wind, atmospheric conditions, or seismic activity). 71 416 Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan As discussed above, the project is required to comply with the applicable water control plans during both construction and for the life of the project. The project's consistency with the applicable Sustainable Groundwater Management Plan is also discussed above. Finding: The City Council finds that the project will not have any significant adverse effects relating to hydrology and water quality, including causing any violations of water quality standards or discharge requirements, causing any flooding or water quality impacts resulting from alterations to the existing drainage patterns in the area, creating any risk of release of pollutants, or conflicting with any water control plan. In addition, the City Council finds that the project will not have any significant adverse effects on existing or future groundwater supplies, nor will it interfere with CVWD's ongoing groundwater recharge efforts. Facts Supporting Findings: Compliance with Water Quality Standards or Waste Discharge Requirements During the construction phase compliance with water quality and waste discharge requirements will be achieved through the permit registration and coverage process under the NPDES General Permit identified above. This will require development and implementation of a project -specific Stormwater Pollution Prevention Plan (SWPPP) that includes a strategy of BMPs that prevent pollution from leaving the site (see Draft EIR, at p. 4.9-17). During the life of the project, the water quality standards and discharge requirements will be met through compliance with the NPDES permit identified above, including developing and implementing a project -specific Water Quality Management Plan (WQMP) demonstrating site design and source controls that prevent pollutant runoff and meet 100 percent of the Low Impact Development (LID) Site Design requirements, including the use of retention basins on -site. Compliance with these established regulatory requirements will ensure that the project will not violate any water quality or waste discharge requirements, and impacts will be less than significant. Effect on Groundwater Supplies or Interference with Groundwater Recharge The Draft EIR incorporates information from the WSA/WSV approved by CVWD as required by Section 15155 of the CEQA Guidelines (Draft EIR, Appendix M). For this proposed project, the City requested that CVWD prepare and approve a WSA/WSV. CVWD will be the public water supplier for the project with the source of domestic (potable) water supply for the project being the Indio Subbasin via CVWD's potable water distribution system. CVWD approved a WSA/WSV providing an assessment and verification of the availability of sufficient water supplies during normal, single -dry, and multiple -dry years over a 20-year projection period to meet the projected demands of the project, in addition to existing and planned future water demands of CVWD as required by the Water Code. The project's total water demand is projected to be 958.63 acre feet per year (AFY), which accounts for approximately 0.49 percent 72 417 of the total projected growth in water demand presented in the 2015 Urban Water Management Plan (Draft EIR, at pp. 4.9-19 and 4.19-20). Conditions in the Indio Subbasin are continually being assessed and quantified in management plans developed and implemented by CVWD. In December 2021, CVWD approved the Indio Subbasin Water Management Plan Update, which provides the most current assessment of the subbasin and other water supplies, including consideration of the potential for extended extreme drought conditions. The Indio Subbasin Water Management Plan Update analyzes several scenarios over the 50-year period required by SGMA to address potential future water supply conditions, changes in land use, and implementation of water management projects including source substitution and new water supply projects. Climate change conditions were considered in all of these scenarios. To account for the potential effects of future climate change, the projections assume CVWD will contribute water to California's Lower Basin Drought Contingency Plan allotment for Colorado River water. Under this plan, CVWD is obligated to contribute approximately 14,000 to 24,500 AFY, which equals about 7 percent of California's total contribution, to prevent Lake Mead water levels reaching critically low levels (see Final EIR, at pp. 2-23 — 2-25). The modeling of these scenarios shows that implementation of water management projects that are already planned and CVWD's ongoing management actions can maintain the water balance in the Indio Subbasin, even with the expected effects of future climate change in the Colorado River Basin and on the State Water Project (see Indio Subbasin Water Management Plan Update, pp. ES-9 — ES-12, p. 7-89, and Figures ES-6 and ES-8). Of note, the projections in this update include four projects with water features such as surf parks with a total projected demand of 500 AFY and for which CVWD has approved WSAs, inclusive of the 120 AFY demand for the Wave Basin in the Coral Mountain project. Accordingly, this information supports the conclusions in the DEIR that the project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the Indio Subbasin. Groundwater Recharge Efforts: The nearest groundwater recharge facility to the project is the Thomas Levy Groundwater Replenishment Facility, located south of the project and separated from it by Dike No. 4. The proposed development will not result in any physical modifications to the existing CVWD recharge facility, nor will it result in any stormwater runoff condition capable of interfering with the facility operation. Surface and underground retention, result in infiltration and therefore contributes to on -site groundwater recharge. Existing off -site tributary runoff is also incorporated into the on -site retention system, such that the project will not impede the existing naturally occurring infiltration. Less than significant impacts are anticipated pertaining to interference with groundwater recharge (Draft EIR, at p. 4.9-22). Potential Impacts From Alteration of Existing Drainage Patterns Erosion or Siltation. For every drainage area associated with project implementation, the retention facilities will meet the City's requirements and will have varying amounts of surplus capacity. By conveying project runoff along engineered flow lines (pipes, surface swales, curb and gutter) instances of substantial erosion or siltation will be prevented. The on -site pervious areas of 73 the project will be stabilized in accordance with approved landscaping plans. All on -site impervious and pervious land cover resulting from project implementation, including the storm drain system and surface basins, will be subject to proper operation and maintenance during the life of the project, as mandated by the WQMP agreement that will be required of this project prior to issuance of a grading permit. Therefore, less than significant impacts are expected pertaining to substantial erosion or siltation, on- or off -site (Draft EIR, at pp. 4.9-22 — 4.9-24). Substantially Increase Surface Runoff Water Causing Flooding. As a standard requirement under the City's Engineering Bulletin #06-16, the hydrology and storm drain design must account for flood protection of structures from the 100-year storm. Off -site flows from the tributary hillside areas to the west are also handled by the project through retention facilities to be constructed on - site. As such, the proposed storm drainage and flood control improvements will not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site (Draft EIR, at pp. 4.9-24 — 4.9-25). Therefore, the impact is less than significant. Exceed Stormwater Drainage Systems or Cause Polluted Runoff. The proposed development will incorporate on -site storm drain system improvements designed to capture and infiltrate stormwater runoff through retention facilities corresponding to each on -site drainage management area. Pertaining to runoff pollution, the on -site storm drain system's detention system will capture project area runoff in accordance with a WQMP, preventing uncontrolled release into any public MS4 facilities. Therefore, the project will not result in stormwater runoff conditions which would burden the City's existing MS4 capacity, 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 (Draft EIR, at pp. 4.9-25 — 4.9-26). Therefore, the impact will be less than significant. Impacts to Flood Flows. The project site is not located in an area with mapped flood flows, such as FEMA-designated floodways, nor are there any naturally occurring drainage courses. The site exhibits a relatively flat condition having resulted from prior agricultural land uses. The only known surface flows are those directly resulting from rain events and following the shallow elevation gradients. The project allocates space for stormwater retention facilities sized based on a Master Hydrology Report. Flood flows are not present on or around the project site, such that impedance, obstruction, or redirection would result from project implementation, and accordingly, impacts will be less than significant (Draft EIR at p. 4.9-26). Inundation by Flooding, Seiche, Tsunami or Mudflow Although the project is not located in any mapped seiche zones, such as those associated with large bodies of water, the proposed development will include a recreational wave feature which will be capable of creating mechanical waves in excess of 6 feet tall and the dissipation of that energy is calculated into the sloped edges. The facility will include sufficient freeboard, such that no water will escape the edges of the machine limits. All structural elements of the wave facility will be certified with structural engineering calculations during the building permit process to account for the anticipated seismic activity at this location and ensure the ability to safely withstand seismic wave forces. Through this design, water oscillations generated by seismic events will contained to 74 419 prevent releases of water or potential inundation impacts, resulting in less than significant impacts (Draft EIR, at p. 4.9-27, and Final EIR Responses 42-g, 86-a, and 86-b, and Appendix M.2). The proposed land uses and facilities are not expected to involve the storage or handling of substantial amounts of chemicals, petroleum products or other hazardous materials, such that pollutant release would occur in the event of inundation. Project operations will involve the use of pollution prevention source control measures under the Final WQMP. These measures include restrictions to prevent contact between potential pollutants and stormwater facilities, including inlets, conveyances, and retention areas. The Wave Basin and all proposed on -site retention basins are designed with sufficient capacity and freeboard to adequately contain the controlling I00-year storm event, thus preventing ponding and other uncontrolled drainage conditions that could allow for pollutant releases (Draft EIR, at pp. 4.9-27 and 4.9-28). Therefore, the impact is less than significant. The project is not located near any coastal areas and therefore is not prone to tsunami hazards. No impacts are associated with this aspect (Draft EIR, at 4.9-27). Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan The project proponent is required to implement a project -specific WQMP to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff, Whitewater River Watershed MS4 Permit. The WQMP includes guidelines for facility maintenance, pool water drainage, and other operations aimed at complying with local surface water quality requirements. The WQMP will incorporate grading, hydrology, and other plans to document the site design, source controls, and treatment controls with a required operation and maintenance program to comply with water quality objectives. Moreover, the project's storm water retention facilities will ensure that urban runoff is recharged into the ground via infiltration (Draft EIR, at p. 4.9-28). Therefore, impacts will be less than significant. LAND USE Consistency with Any Land Use Plan, Policy or Regulation. The project proposes development of a mixed -use project that includes low -density residential, commercial, resort, and open/space recreational uses. Current General Plan land use designations and zoning allow for low -density residential, neighborhood commercial, and open space/golf course uses, so the project includes applications for a General Plan Amendment and Zone Change to allow the proposed Tourist Commercial uses. These proposed changes are illustrated in the Draft EIR, at Tables 4.10-2 and 4.10-3. The Draft EIR evaluated the project's consistency with the City's 2035 General Plan Update goals and policies regarding Land Use, Circulation, Livable Communities, Economic Development, Parks, Recreation and Trails, Housing, Water Resources, Open Space and Conservation, Noise, Soils and Geology, Flooding and Hydrology, Hazardous Materials, Emergency Services, and Water, Sewer, and other Utilities. After evaluating the applicable goals and policies in each of 75 420 these portions of the City's General Plan, the Draft EIR describes the reason the project is considered consistent with those goals and polices of the General Plan (Draft EIR, at pp. 4.10-15 — 4.10-24). The project's consistency with the other chapters of the General Plan are evaluated and found consistent in the corresponding chapters of the Draft EIR (Air Quality in Chapter 4.2 of the Draft EIR, Biological Resources in Chapter 4.3, Cultural Resources in Chapter 4.4, Energy in Chapter 4.5, and Public Facilities/Services in Chapter 4.12). With implementation of all identified mitigation measures and project design features, the Draft EIR concluded that the project is consistent with the General Plan with respect to all chapters. As the project is consistent with the General Plan and with the community character of this portion of the City, the project will not have any significant cumulative land use and planning impacts. Findings: The City Council hereby adopts and incorporates herein the findings, analysis and conclusions set forth in the Draft EIR, and further specifically finds that the project is consistent with the General Plan as to each and every of these chapters. The City Council also finds that the project Specific Plan will serve as the regulatory document providing the zoning requirements and restrictions for the project, and therefore, the project will be fully consistent with the applicable zoning. The City Council also specifically finds that the project is consistent with the character of the surrounding residential and golf course communities. Facts Supporting Findings: The project has been designed to maintain low -density residential development along nearly all of the perimeter arterial roadways, and will be visually consistent and compatible with the other development along Madison Street, Avenue 58 and Avenue 60. The neighborhood serving commercial will complement the existing and planned future residential communities and reduce the need for lengthy trips for basic residential commercial needs of the residents. The project's hotel, Wave Basin and related tourist commercial uses will be located in the southwest portion of the site, a significant distance from the surrounding roadways and screened with perimeter walls, landscaping and low -density residential development. The City Council has reviewed the asserted General Plan inconsistencies set forth in Draft EIR comments 41-c and 83-v through 83 J and finds those asserted inconsistencies to be lacking in any merit or substantial evidence. The City Council has also reviewed the Final EIR Responses 41-c and 83-v through 83 J and finds those responses persuasive. Responses 41-c and 83-v through 83 J set forth in the Final EIR are hereby specifically adopted by the City Council and hereby incorporated into its findings, analysis and conclusions regarding the project's consistency with the City's General Plan. Finally, the City Council reviewed Draft EIR comments 524, 52-g, and the other public comments asserting that the project's allowance of short-term vacation rentals (STVRs), pursuant to the terms of the proposed Development Agreement, is inconsistent with the General Plan and would have adverse environmental effects that have not been fully analyzed or disclosed. The City Council finds those assertions to be lacking in merit and in any substantial evidence, and further finds that the allowance of STVRs in the project pursuant to the terms and conditions set forth in the 76 421 Development Agreement will not be inconsistent with the City's General Plan or have any undisclosed or unmitigated adverse environmental effects (other than as set forth in Section III of these Findings). The City Council has also reviewed the Final EIR Responses 52-f and 52-g, and hereby adopts those responses and incorporates them by this reference into the City Council's findings, analysis and conclusions regarding the allowance of STVRs. Finally, the City Council accepts and relies upon the City staff reports on STVRs in the City of La Quinta, dated March 1, 2022 and June 7, 2022, which demonstrate that STVRs located in Tourist Commercial and other "exempt" areas of the City have extremely low complaint rates, as compared with the City's "non- exempt" neighborhoods. NOISE Generation of Ground Borne Vibration. The Final EIR analyzed the potential impacts of vibration created by the proposed project. Potential ground -borne vibration is associated with vehicular traffic and construction activities. Findings: The City Council finds that the project's impacts relating to the generation of ground borne vibration will be less than significant. Facts in Support of Findings: As described in the Draft EIR, ground -borne vibration levels from automobile traffic, including heavy trucks, are rarely perceptible beyond the roadway right-of-way, and the project generated traffic would not cause any significant adverse effects, including on the surrounding residential communities (Draft EIR, at p. 4.11-50). In addition, the wave machine and wave action will not generate any measurable vibration outside of the Wave Basin itself (Final EIR, Appendix M.2, at pp. 1-2, and Response 42-g). To evaluate potential construction -related vibration, ground vibration levels associated with various types of construction equipment were analyzed, and as determined in the Noise Study, vibration levels at all nearby sensitive receptor locations would be below the perception threshold of 0.01 in/see. (Draft EIR, Table 4.11-27). Accordingly, potential impacts form the generation of ground borne vibration and ground borne noise by project construction activities would be less than significant. PUBLIC SERVICES The Draft EIR analyzes the project's potential effects relating to the provision of public services, including fire protection, police protection, schools, parks, and other public facilities (Draft EIR, at pp. 4.12-9 — 4.12-15). The project will add residents, workers, and visitors to the project site, which will cause incremental increases in the demand for these public services. 77 422 Findings: The City Council finds that the project's impacts on public services, including police services, fire protection, schools, parks, and other public facilities will be less than significant. Facts in Support of Findings: As described in the Draft EIR, with payment of the applicable City Development Impact Fees (DIF) and statutory school developer fees, the project will not have any significant project -specific or cumulative adverse effects on public services. Specifically, the project is required to pay the City's DIF in the amount in effect at the time of construction (the current DIF is $9,380 per residential unit) (Draft EIR at p. 4.12-11). These fees are used by the City to fund additional public facilities, including fire stations, police cars and facilities, parks, public buildings, and traffic improvements. With respect to emergency services, the nearest fire station is located within 2 miles of the project site and the project can be adequately served without the need for additional facilities (Draft EIR, at p. 4.12-10). No additional police facilities are anticipated to be required to serve the project, but the La Quinta Police Department may increase staffing to maintain its ratio of officers to residents (currently approximately 1.25 officers per 1,000 residents) (Draft EIR, at p. 4.12-11). P With respect to schools, pursuant to Government Code §§ 65995 et seq., the payment of statutory school fees is deemed to be full and complete mitigation for a project's impacts on schools, and the project is subject to those fees. With respect to parks, the City currently exceeds its General Plan policy of providing a minimum of 5 acres of parks per 1,000 residents and exceeds the amount of parkland required under Quimby. In addition, the project proposes approximately 24 acres of recreational open space and private recreational facilities that will substantially reduce the demands the project residents will put on City park facilities. With payment of the City's DIF, impacts are expected to be less than significant. The project will also generate substantial transient occupancy taxes and sales tax that will add to the City's general fund, which is used to fund police and fire services, which is of particular importance for development in this portion of the City because the City will not receive any portion of the property taxes from this area until existing redevelopment bonds (issued by Riverside County before annexation into the City) are fully paid, which is not expected to occur until approximately 2035. TRANSPORTATION Consistency with CEOA Guidelines section 15064.3, subdivision M [VMT]. Travel demand modeling of VMT for the project based upon City of La Quinta guidelines indicates a potential impact for residential uses while also indicating the project's non-residential uses do not exceed VMT thresholds. Project design features considered after the modeling process reduce residential VMT to below the City's VMT residential threshold for a significant impact. The 423 unique mixed -use characteristics of the project, combined with walkability and connectivity design elements, optimize on -site interaction and result in a lower VMT than standalone uses. Project Design Features: Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement and/or Specific Plan, and are anticipated to collectively reduce project home -based VMT by approximately 6%. The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as commercial and resort land uses, a resident does not need to travel outside of the neighborhood to meet his/her recreational and retail needs. The project's mixed -use environment could provide for a potential reduction in project residential VMT of 3% according to CAPCOA guidance. The project includes improved design elements to enhance walkability and connectivity, and encourage the use of alternative transportation. Recognized improved street network characteristics within the project include sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. The project provides a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project minimizes barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas resulting in interaction with residential and resort uses on -site. The project's implementation of this measure is anticipated to result in a potential reduction in project residential VMT of 2% according to CAPCOA guidance. The project will implement marketing strategies to optimize on -site resort and residential uses. Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies may include: resident member benefits that include use of the resort amenities; event promotions; and publications. Findings: The City Council finds that with implementation of the project design features stated above, which are being made enforceable through the Development Agreement, the project will be consistent with CEQA Guidelines section 15064.3, and impacts relating to VMT will be less than significant. Facts in Support of Findings: The Urban Crossroads VMT Evaluation calculated project VMT using the most current version of the Riverside County Transportation Analysis Model (RIVTAM). Adjustments in socioeconomic data (SED) (i.e., employment) were made to a separate Traffic Analysis Zone (TAZ) within the RIVTAM model to reflect the project's proposed population and employment uses, consistent with industry standards. 79 424 The project is anticipated to generate approximately 1,698 project residents and 19,773 Home - Based VMT for baseline (2020) conditions. This results in approximately 11.64 home -based VMT/Capita for the 2020 Baseline with project conditions (Draft EIR, Table 4.13-31). In addition, the cumulative (2040) project scenario results in approximately 12.14 VMT/Service Population. Because the project exceeds the City's VMT/Capita threshold of 11.03 (based on the City's standard requiring a 15% reduction below its Citywide VMT/capita of 12.98), impacts would be considered potentially significant. However, the project incorporates design features and attributes promoting trip reduction which reduce residential VMT from 11.64 VMT/resident to 10.94 VMT/resident, including the placement of different land use types near one another as well as elements of the project that enhance walkability and connectivity between the mix of use types such as sidewalk coverage, building setbacks, street widths, pedestrian crossings and the presence of street trees (Draft EIR, at pp. 4.13-54 — 4.13-55). Implementation of the project design features will reduce potential impacts to below the City's established threshold for a significant VMT impact, and therefore, the residential portion of the project would have a less than significant VMT impact. The project Development Agreement and/or conditions of approval will ensure that the project design features identified in the Draft EIR are enforceable by the City. The VMT analysis methodology for retail uses (including hotels) focuses on the net increase in the total existing VMT for the region. The project consists of approximately 674 employees. Travel activity associated with total link -level VMT was extracted from the "without project" and "with non-residential project" RIVTAM model run for 2012 and 2040 conditions, then interpolated for baseline (2020) conditions. This methodology is referred to as "boundary method," and evaluates hotel occupants, Wave Basin visitors and retail patrons Draft EIR, 4.13-55 — 4.13-56). Using the boundary method, the Coachella Valley Association of Government's (CVAG) area VMT with project employment is compared to without project conditions to determine whether there is a significant impact. The CVAG subregion VMT/SP without project is estimated at 21.56, whereas with the project employment, the CVAG subregion VMT is estimated at 21.53 (Draft EIR, Table 4.13-33). Therefore, the project's effect on VMT (for non-residential uses) is not significant because it results in a cumulative link -level boundary decrease under the plus project condition compared to the no project condition (see pages 4.13-55 and 4.13-56 of the Draft EIR). The unique mixed -use characteristics of the project, combined with walkability and connectivity design elements, optimize on -site interaction and result in a lower VMT than standalone uses. Implementation of the previously stated project PDFs will reduce potential impacts to below the City's established threshold for a significant VMT impact, and therefore, the project would have a less than significant VMT impact. Please also see Final EIR Responses 83-k and Appendix L.3, which the City Council hereby incorporates into its findings, analysis and conclusions. :1 425 UTILITIES AND SERVICE SYSTEMS Require or Result in Construction of New or Expanded Facilities for Water, Wastewater, Drainage or Utilities. The Draft EIR analyzes the construction of new or expanded facilities for water, wastewater, drainage, and utilities, and whether the construction of such facilities would have any significant adverse effect. Water: As noted in CVWD's Comment 10-a and Final EIR Response 10-a, the project will require implementation of the previously planned water line extension in Avenue 60, west of Madison Street, to connect the project to CVWD's existing water facilities, which will be located in the existing disturbed right -of way and will not have any significant adverse effects, as described on page 2-52 of the Final EIR. In addition, the project's final engineering plans will undergo additional review by CVWD to assure compliance with all applicable requirements. Accordingly, the project will not have any project -specific or cumulative adverse effects relating to water infrastructure. Wastewater Facilities: The project will not have any significant project -specific or cumulative adverse effects concerning wastewater facilities because CVWD's existing Mid -Valley Water Reclamation Plant (WRP-4) has adequate capacity to serve the project (which will add approximately 3.3 percent to the existing flows to WRP-4), and because the project will connect to CVWD's existing sewer mains adjacent to the project site, which have adequate capacity to convey the additional flows from the project (Draft EIR, at pp. 4.15-17 — 4.15-18, and 4.15-32). In addition, the project's final engineering plans will undergo additional review by CVWD to assure compliance with all applicable requirements. Storm Water Facilities: Pursuant to the project -specific Master Plan Hydrology Report (Draft EIR, Appendix J.3), the project provides sufficient on -site storm water retention to retain flows from the 100-year storm event, including flows coming onto the site from adjacent roadways, consistent with City requirements, including La Quinta Engineering Bulletin #06-16. Accordingly, impacts would be less than significant (Draft EIR, at pp. 4.15-18 — 4.15-21). Electrical Facilities: The project site is located within the Imperial Irrigation District (IID) service area for electric service. The project will be required to install twelve, 6-inch conduits along Avenue 58 to bring additional power to the site and install a transformer bank at IID's existing substation yard located at Avenue 58 and Monroe Street (Draft EIR, at p. 4.15-21). These facilities were included in the project description and their potential adverse effects were fully evaluated in the Draft EIR and found to be less than significant because all improvements will occur on the substation site and previously disturbed road right-of-way. As discussed in the finding regarding energy above, and in Chapter 4.5 of the Draft EIR, the project is expected to require approximately 8,642,729 kWh of electricity per year, which constitutes approximately 0.19 percent of IID's total estimated demand in 2031, and IID has adequate capacity to serve the project and all other current and planned future users within its service area. Accordingly, impacts relating to electrical facilities are less than significant (Draft EIR, at pp, 4.15-21 — 4.15-22). EX 426 Other Facilities: Natural gas and telecommunications/cable facilities are currently located adjacent to the project site along Madison Street and Avenue 58, and as analyzed in the Draft EIR, the utility providers (SoCal Gas, Frontier, and Charter Communications) can serve the project without the need for to construct new or expanded facilities (Draft EIR, at pp. 4.15-22 — 4.15-23). Accordingly, impacts will be less than significant. Sufficiency of Water Supplies To determine the adequacy of available water supplies to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years, the Draft EIR incorporates information from the WSA/WSV approved by CVWD as required by Section 15155 of the CEQA Guidelines (Draft EIR, Appendix M). For this proposed project, the City requested that CVWD prepare and approve a WSA/WSV. CVWD will be the public water supplier for the project with the source of domestic (potable) water supply for the project being the Indio Subbasin via CVWD's potable water distribution system. CVWD approved a WSA/WSV providing an assessment and verification of the availability of sufficient water supplies during normal, single -dry, and multiple -dry years over a 20-year projection period to meet the projected demands of the project, in addition to existing and planned future water demands of CVWD as required by the Water Code. The WSA/WSV determined that project's total water demand is projected to be 958.63 acre feet per year (AFY), which accounts for approximately 0.49 percent of the total projected growth in water demand presented in the 2015 Urban Water Management Plan (Draft EIR, at pp. 4.9-19 and 4.19-20). Wastewater Treatment System Capacity CVWD provides sanitary sewer service to the project, and the capacity of CVWD's wastewater treatment facilities are addressed in the Draft EIR at pp. 4.15-17 through 4.15-18, and 4.5-32. The project will connect to existing sewer mains located adjacent to the project, and the project will add approximately 3.3 percent to the existing flows to CVWD's existing Mid -Valley Water Reclamation Plant (WRP-4). Generate Excess Solid Waste As described on pages 4.15-32 and 4.15-33 of the Draft EIR, the project is projected to generate 581.6 tons of solid waste per year, which equals 3,574.5 cubic yards of solid waste per year. Solid waste from the City of La Quinta is transported to the Edom Hill Transfer Station, and then sent to the Lamb Canyon Landfill (8.7 million tons of remaining capacity) or the Badlands Landfill (5.1 million tons of remaining capacity) (Draft EIR, at pp. 4.15-4 and 4.15-5). Comply with Statutes and Regulations Related to Solid Waste. The project is required to comply with the mandatory commercial and residential recycling requirements of Assembly Bill 341 and the Cal Green requirement for a construction waste management plan that includes diversion of at least 65% of construction and demolition materials from landfills, through recycling and/or reuse (Draft EIR, at p. 4.15-33). EX 427 Findings: The City Council finds that the project's impacts concerning utilities and service systems will be less than significant. The City Council finds that the new and expanded utilities facilities to be constructed as part of the project, including the upgraded electrical substation, additional electrical conduit, and water line extension, will not have any significant adverse effects. The City Council further finds that there are sufficient water supplies available to serve the project and all reasonably foreseeable future development, as well as all existing uses within the Indio Subbasin, during normal, dry, and multiple dry years, and further finds that the project's impacts relating to water use are less than significant. The City Council also finds that there is adequate capacity in CVWD's wastewater treatment system and Riverside County Department of Waste Resources' landfills to meet the project's wastewater and solid waste demands, and finds that the project will comply with all applicable solid waste statutes, policies, and guidelines, Facts in Support of Findings: Require or Result in Construction of New or Expanded Facilities for Water, Wastewater, Drainage or Utilities. Water: As noted in CVWD's Comment 10-a and Final EIR Response 10-a, the project will require implementation of the previously planned water line extension in Avenue 60, west of Madison Street, to connect the project to CVWD's existing water facilities, which will be located in the existing disturbed right -of way and will not have any significant adverse effects, as described on page 2-52 of the Final EIR. In addition, the project's final engineering plans will undergo additional review by CVWD to assure compliance with all applicable requirements. Accordingly, the project will not have any project -specific or cumulative adverse effects relating to water infrastructure. Wastewater Facilities: The project will not have any significant project -specific or cumulative adverse effects concerning wastewater facilities because CVWD's existing Mid -Valley Water Reclamation Plant (WRP-4) has adequate capacity to serve the project (which will add approximately 3.3 percent to the existing flows to WRP-4), and because the project will connect to CVWD's existing sewer mains adjacent to the project site, which have adequate capacity to convey the additional flows from the project (Draft EIR, at pp. 4.15-17 — 4.15-18, and 4.15-32). In addition, the project's final engineering plans will undergo additional review by CVWD to assure compliance with all applicable requirements. Storm Water Facilities: Pursuant to the project -specific Master Plan Hydrology Report (Draft EIR, Appendix 13), the project provides sufficient on -site storm water retention to retain flows from the 100-year storm event, including flows coming onto the site from adjacent roadways, consistent with City requirements, including La Quinta Engineering Bulletin #06-16. Accordingly, impacts would be less than significant (Draft EIR, at pp. 4.15-18 — 4.15-21). Electrical Facilities: The project site is located within the Imperial Irrigation District (IID) service area for electric service. The project will be required to install twelve, 6-inch conduits along Avenue 58 to bring additional power to the site and install a transformer bank at IID's existing substation yard located at Avenue 58 and Monroe Street (Draft EIR, at p. 4.15-21). These facilities were included in the project description and their potential adverse effects were fully evaluated in the Draft EIR and found to be less than significant because all improvements will occur on the substation site and previously disturbed road right-of-way. As discussed in the finding regarding energy above, and in Chapter 4.5 of the Draft EIR, the project is expected to require approximately 8,642,729 kWh of electricity per year, which constitutes approximately 0.19 percent of IID's total estimated demand in 2031, and IID has adequate capacity to serve the project and all other current and planned future users within its service area. Accordingly, impacts relating to electrical facilities are less than significant (Draft EIR, at pp, 4.15-21 — 4.15-22). Other Facilities: Natural gas and telecommunications/cable facilities are currently located adjacent to the project site along Madison Street and Avenue 58, and as analyzed in the Draft EIR, the utility providers (SoCal Gas, Frontier, and Charter Communications) can serve the project without the need for to construct new or expanded facilities (Draft EIR, at pp. 4.15-22 — 4.15-23). Accordingly, impacts will be less than significant. Sufficiency of Water Supplies Approved WSA/WSV Wave Basin Water Demand Estimate CVWD approved a WSA/WSV for the project providing an assessment and verification of the availability of sufficient water supplies during normal, single -dry, and multiple -dry years over a 20-year projection period to meet the projected demands of the project, in addition to existing and planned future water demands of CVWD as required by the Water Code. CVWD estimates the project's total domestic water demand for indoor and outdoor use will be approximately 958 acre- feet per year (AFY). The vast majority of this water is for outdoor uses, which total 801.47 AFY of the total 958 AFY for the project. The project's outdoor water use is calculated pursuant to the express requirements of CVWD Landscape Ordinance No. 1302.4, and those calculations are shown in Table 2.0-3, Outdoor Water Demand from the Approved WSA/WSV (also copied on Final EIR p. 2-18). The Wave Basin itself is projected to use 119.58 AFY, or approximately 15% of the projected outdoor water use. The CVWD Landscape Ordinance defines a "Water Feature" as any water applied to the landscape for non -irrigation, decorative purposes, including fountains, streams, ponds and lakes. The Wave Basin is considered a water feature under CVWD Landscape Ordinance No. 1302.4 and is assigned the highest evapotranspiration upward adjustment factor of 1.2 for a moving body of water. Page 22 in the WSA/WSV WSA identifies the information used to estimate the annual water demand for the proposed Wave Basin: • 64.22 inches per year for a reference Eto; • ET adjustment factor of 1.2 for a moving water body; • 815,443 square feet of area; and • a conversion of 0.62 to convert to gallons. Based on these factors the MAWA for the Wave Basin was determined to be 119.58 AFY. 429 It should be noted that for purposes of determining the MAWA for the proposed Wave Basin, the approved WSA/WSV applies the water demand factor to the Wave Basin structure as defined in the Specific Plan, which at the time the WSA was prepared was conservatively estimated to be 18.72 acres (815,443 square feet). However, the surface area of the Wave Basin water body will not occupy this entire area. The water surface area of the proposed Wave Basin will occupy approximately 12.5 acres (544,500 square feet) of this 18.72 acres (815,443 square foot) area (see Draft EIR, Project Description, at pp. 3-19 — 3-20). The remainder of the Wave Basin area contains the deck and other areas around the Wave Basin. The water demand estimate for the Wave Basin in the approved WSA/WSV is, therefore, conservative as it applies the water demand factor to 18.72 acres when the Wave Basin water body will only occupy 12.5 acres of this area (see Final EIR, at p. 2-19). The project also includes significant water reduction and sustainability measures, consistent with City and CVWD requirements. Specifically, as described on page 4.15-16 of the Draft EIR, the following water conservation measures are standard requirements of the City and CVWD landscape ordinances and applicable state law requirements, and will be implemented at the project to ensure the most efficient use of water resources for the proposed uses, and to meet the applicable Water Management Plan goals throughout the life of the project: Native plant materials and other drought tolerant plants shall be used in all non - turf areas of project landscaping. Large expanses of lawn and other water - intensive landscaped areas shall be kept to the minimum necessary and consistent with the functional and aesthetic needs of the project, while providing soil stability to resist erosion. 2. In the event recycled water becomes available to the project, the potential use of tertiary treated water will be reviewed to determine feasibility of its use for onsite landscaped areas to reduce the use of groundwater for irrigation. 3. The installation and maintenance of efficient onsite irrigation systems will minimize runoff and evaporation and maximize effective watering of plant roots. Drip irrigation and moisture detectors will be used to the greatest extent practicable to increase irrigation efficiency. 4. The use of low -flush toilets and water conserving showerheads and faucets shall be required in conformance with Section 17921.3 of the Health and Safety Code and applicable sections of Title 24 of the State Building Code. 5. Project developers will pay any required CVWD groundwater replenishment fees for the purpose of buying additional supplies of water for importation into the basin. In addition to these measures, the applicant has agreed to remove the 2.32-acre ornamental lake previously proposed for Planning Area III-F (referenced as the "Farm Lake"), which will further reduce the overall water demands of the project. See James Vaughn letter dated August 22, 2022, at p. 3 and Exhibit G. In addition, the water surface area of the Wave Basin has been reduced to HIM 430 12.14 acres, which is a substantial reduction from the original 18.72 acres assumed in the WSA/WSV. See James Vaughn letter dated August 22, 2022, at p. 4 and Exhibit H. Approved WSA/WSV Water Supplies and Entitlements: This WSA/WSV approved by CVWD also includes identification of existing water supply entitlements, water rights, water service contracts, or agreements relevant to the identified water supply for the project and quantities of water received in prior years pursuant to those entitlements, rights, contracts, and agreements. In reviewing those sources, including an examination of the current condition of the Indio Subbasin of the Coachella Valley Groundwater Basin, the WSA/WSV concluded that the water supplies available from the Indio Subbasin, the State Water Project (SWP), the Colorado River, and other sources will be adequate to supply the project and all other existing and planned uses in accordance with California Water Code Section 10910 et seq., as further described in the Draft EIR at pp, 4.15-26 — 4.15-31. Those findings by CVWD are hereby incorporated by this reference. Conditions in the Indio Subbasin are continually being assessed and quantified in management plans developed and implemented by CVWD. In December 2021, CVWD approved the Indio Subbasin Water Management Plan Update, which provides the most current assessment of the subbasin and other water supplies, including consideration of the potential for extended extreme drought conditions. The Indio Subbasin Water Management Plan Update analyzes several scenarios over the 50-year period required by SGMA to address potential future water supply conditions, changes in land use, and implementation of water management projects including source substitution and new water supply projects. Climate change conditions were considered in all of these scenarios. To account for the potential effects of future climate change, the projections assume CVWD will contribute water to California's Lower Basin Drought Contingency Plan allotment for Colorado River water. Under this plan, CVWD is obligated to contribute approximately 14,000 to 24,500 AFY, which equals about 7 percent of California's total contribution, to prevent Lake Mead water levels reaching critically low levels (see Final EIR, at pp. 2-23 — 2-25). The modeling of these scenarios shows that implementation of water management projects that are already planned and CVWD's ongoing management actions can maintain the water balance in the Indio Subbasin, even with the expected effects of future climate change in the Colorado River Basin and on the State Water Project (see Indio Subbasin Water Management Plan Update, pp. ES-9 — ES-12, p. 7-89, and Figures ES-6 and ES-8). Of note, the projections in this update include four projects with water features such as surf parks with a total projected demand of 500 AFY and for which CVWD has approved WSAs, inclusive of the 120 AFY demand for the Wave Basin in the Coral Mountain project. Accordingly, this information supports the conclusions in the DEIR that the project (i) will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the Indio Subbasin; and (ii) will have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years, and therefore, will not have any significant adverse effects relating to water use. 431 Based on both the project -specific WSA/WSV and the Indio Subbasin Water Management Plan Update, the City Council finds that CVWD has correctly calculated for, and demonstrated that it can supply the water demand generated by the proposed project, as well as all other existing and projected future demands. In addition, the City Council has reviewed and considered the public comments questioning the accuracy of the water demand calculations in the WSA/WSV, including the alternative water demand and evaporation figures cited in Comment 65-d in the Final EIR. The City Council finds these alternative evaporation figures and calculations to lack sufficient verified information regarding the project site and the proposed Wave Basin to constitute substantial evidence regarding the project's water demands or the sufficiency of available water supplies. On the other hand, the City Council finds the information in the WSA/WSV, the Indio Subbasin Water Management Plan Update approved by CVWD, and the Topical Response on Water Resources in the Final EIR (pp. 2-17 — 2-28), to be valid and persuasive substantial evidence that the project will not have any significant adverse effects on groundwater supplies or CVWD's recharge activities and other groundwater basin management efforts. The City Council also adopts Final EIR Responses 52-o, 65-d, 83-1, and 83-m and incorporates those responses as part of its findings, analysis and conclusions that there are adequate available water supplies to serve the project and all other existing and planned future uses, and that the project will have less than significant effects on groundwater supplies and CVWD's recharge and other groundwater management efforts. The City Council has also reviewed and considered the letter and accompanying memo submitted by Bruce Bauer on February 7, 2022, and the letter dated April 12, 2022, asserting errors and inadequacies in the WSA/WSV. The City Council finds that, contrary to the assertion in the Bauer letters, both the WSA/WSV and the Draft EIR provide complete and accurate information regarding the evaporation and water demand calculations for the project in full compliance with the requirements of CEQA, including the specific water demands of the proposed Wave Basin. The City Council further finds that the analysis of water evaporation and water use at the proposed DSRT SURF project located in Palm Desert is inapplicable to the proposed project because that location has different evaporation rates, and the two projects have different designs and operational characteristics. With regard to evaporation, CVWD defines evaporation (ETo) rates for each of four different climate zones in its service area which reflect several important factors including local elevation, wind, and shadow conditions, in addition to temperatures (see Appendix C to Landscape Ordinance 1302.4). The project site is located in Zone #3 with the Wave Basin proposed near the border of Zone #2 and adjacent to Coral Mountain, which experience lower evaporation rates than Zone #5 due to lower winds, lower temperatures, and increased shadowing from the nearby mountains. The DSRT SURF lagoon water feature planned in the Desert Willow project in Palm Desert is located in Zone #5, the zone that experiences the greatest evaporation in the Coachella Valley. CVWD's estimated water demand for the Wave Basin accounts for the localized elevation, wind, and shadow conditions of the Coral Mountain Project site is appropriate for the project site. In addition, the WSA/WSV and Final EIR for the project take into account the specific size and design features of the proposed Wave Basin, not the features proposed for the DSRT SURF project, which are substantially different based on the statements in the memo attached to the Bauer letter. Accordingly, the City Council finds the water demand analysis used for the DSRT SURF project HIM 432 to be inapplicable here, and finds the arguments and information in the Bauer letter lack substantial evidence. The City Council has also reviewed and considered all comments received prior to and during the public hearings on this project, concerning the ongoing drought conditions and the adequacy of water supplies to serve the project and all other existing and planned future development. The City Council is well aware of the ongoing drought conditions and has evaluated whether the WSA/WSV approved by CVWD remains adequate and valid in light of the existing and anticipated future condition of the Colorado River and other imported water supplies. The City Council accepts and relies upon the expertise of CVWD in its position as the regional water provider and manager of the basin, as well as expert evidence supplied by Mr. Tom Levy, retired General Manager and Chief Engineer of CVWD, regarding the accuracy of the WSA/WSV and the adequacy of the long-term supply of water from the Colorado River. See Exhibits H and I to the James Vaughn letter dated August 22, 2022. Based on this evidence, as well as the public expert reports regarding the Indio Subbasin groundwater management efforts, which were submitted by the applicant on April 23, 2022 and included in the record of proceedings for this project, the City Council finds and concludes that the WSA/WSV is valid and accurate. The City Council further concludes that there will be adequate water supplies for the project and all other existing and planned future development in the Coachella Valley, due to the water shortage contingency plans and other ongoing groundwater management efforts of CVWD and the other Indio Subbasin Groundwater Sustainability Agencies, even in light of the potential future reductions in the availability of Colorado River water during drought conditions. Wastewater Treatment System Capacity The project will not have any significant project -specific or cumulative adverse effects concerning CVWD's wastewater treatment system capacity because CVWD's existing Mid -Valley Water Reclamation Plant (WRP-4) has adequate capacity to serve the project (which will add approximately 3.3 percent to the existing flows to WRP-4), and because the project will connect to CVWD's existing sewer mains adjacent to the project site, which have adequate capacity to convey the additional flows from the project (Draft EIR, at pp. 4.15-17 — 4.15-18, and 4.15-32). Generate Excess Solid Waste As described on pages 4.15-32 and 4.15-33 of the Draft EIR, the project is projected to generate 581.6 tons of solid waste per year, which equals 3,574.5 cubic yards of solid waste per year. Solid waste from the City of La Quinta is transported to the Edom Hill Transfer Station, and then sent to the Lamb Canyon Landfill (8.7 million tons of remaining capacity) or the Badlands Landfill (5.1 million tons of remaining capacity) (Draft EIR, at pp. 4.15-4 and 4.15-5). In addition, all future development would be required to comply with mandatory commercial and residential recycling requirements of Assembly Bill 341. The project will comply with all applicable solid waste statutes, policies and guidelines; and the project will be served by landfills (El Sobrante and Lamb Canyon) with sufficient capacity to serve the project (Draft EIR, at pp. 4.15-32 — 4.15-33). Therefore, impacts relative to solid waste are less than significant. 433 Comply with Statutes and Regulations Related to Solid Waste. The project will comply with all applicable solid waste statutes, policies and guidelines. All development is required to comply with the mandatory commercial and residential recycling requirements of Assembly Bill 341. The California Green Building Standards Code (Cal Green) applies to all cities in California, and mandates that all new building construction develop a waste management plan that includes diversion of at least 65% of construction and demolition material from landfills, through recycling and/or reuse. Prior to applying for a permit, the contractor or property owner must submit a Construction & Demolition Debris Management Plan to the City's Environmental Coordinator. There will be no significant adverse effects relating to applicable solid waste regulations because the project is required to, and will comply with all such regulations (Draft EIR, at pp. 4.15-33). V. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING NO IMPACT BIOLOGICAL RESOURCES Federally protected wetlands. The site does not contain, nor is it adjacent to, federally protected wetlands, marshes or other drainage features. No blue -line stream corridors (streams or dry washes) are shown on U.S. Geological Survey (USGS) maps for the project site nor are there botanical indicators of such corridors. As a result, implementation of the project would not result in the direct removal, filling or other hydrological interruption to federally protected wetlands. Therefore, the project will have no impacts on federally protected wetlands (Draft EIR, at p. 4.3-17). GEOLOGY AND SOILS Effects Involving Rupture of a Known Fault. There are no known active faults near or at the project site, and the project is not located in an Alquist-Priolo Earthquake Fault Zone. Therefore, there will be no impact associated with fault rupture on -site (Draft EIR p. 4.6-15). HAZARDS AND HAZADOUS MATERIALS Hazardous Materials within 1/4 mile of a school. The project site is not located within 1/4 mile of an existing or proposed school. The closest school to the project site is Westside Elementary School, located approximately 1.30 miles northeast of the project. Offsite improvements include the construction and operation of a transformer bank at an existing IID substation located at 81600 Avenue 58. The substation is located approximately ' 434 one mile southwest of Westside Elementary School. Therefore, the project's proposed onsite and offsite improvements will have no impact on schools as it relates to hazardous materials. Sites with Known Hazardous Materials Pursuant to Government Code Section 65962.5. Government Code section 65962.5 requires that a list of the location of hazardous materials release site be maintained and updated least annually. The GeoTracker and ECHO databases listed sites within one mile of the project. The GeoTracker database listed one registered Leaking Underground Storage Tank (LUST) Cleanup Site within a one -mile radius of the project site. The potential contaminant of concern at this site was identified as gasoline; however, the site has a status of "Completed -Case Closed" as of October 1999. Therefore, the facility will not affect the project or result in any hazard to the public (Draft EIR, at p. 4.8-20). The ECHO database highlighted one facility registered under the Clean Water Act (CWA) as a minor general permit covered facility, which is located approximately 0.75 miles from the project site. The facility has remained in compliance for three consecutive years with no identified violations, and due to its distance from the proposed project, the registered site is not anticipated to affect the project site (Draft EIR, at p. 4.8-20 — 4.8-21). Therefore, hazardous waste sites will have no impact on the proposed project. Effects Having No Impact and Not Analyzed Further in Draft EIR In addition to the foregoing potential environmental effects, for which the City Council finds that the following impacts associated with the project will have no impacts and do not require mitigation, the City Council further finds that the following impacts associated with the project will have no impacts, do not require mitigation, and did not need to be analyzed in further detail within the Final EIR: Agriculture and Forest Resources, Geology and Soils (with respect to septic tanks/alternative wastewater disposal systems only), Hazards and Hazardous Materials (safety hazards for projects located within an airport land use plan only), Land Use and Planning (physically divide an established community only), Mineral Resources, Population and Housing, Noise (exposure to airport noise), Recreation, and Wildfire. The Final EIR summarizes these impacts that were found to be insignificant in Chapter 6, and the City Council hereby adopts the findings, analysis and conclusions set forth therein. VI. FINDINGS REGARDING ALTERNATIVES ANALYZED IN THE DEIR AND REJECTED The State CEQA Guidelines section 15126.6(a) requires the discussion of a "a reasonable range of alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The Guidelines states that the "range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects" (Section 15126(c)). The Final EIR evaluated a reasonable range of alternatives to the proposed project. These alternatives are: all 435 Alternative 1: No Project/No Build Alternative 2: No Project/Existing Entitlements Alternative 3: Reduced Density Alternative Alternative 4: The Golf/Resort Hotel Alternative Alternative 5: The Lake Amenity/No Hotel Alternative When a lead agency has determined that a proposed project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided after the adoption of all feasible mitigation measures, prior to approving the project as mitigated, the agency must determine whether there remain any project alternatives that are both environmentally superior with respect to such impacts and feasible within the meaning of CEQA. An alternative may be rejected if it is "infeasible" or if it fails to achieve most of the basic project objectives identified within the EIR. "Feasibility" under CEQA encompasses the desirability of the project based on a reasonable balancing of relevant economic, environmental, social, or other considerations which make infeasible the project alternatives. Alternative 1: No ProjectlNo Build CEQA Guidelines Section 15126.6 (e) requires the analysis of alternatives to include the specific alternative of "No Project." The purpose of describing and analyzing a No Project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Under the No Project/No Build Alternative ("Alternative 1"), the project would remain in its current and existing vacant condition. The existing visual character and visual resources would remain the same, and none of the significant impacts of the project would occur. Finding and Facts in Support of Finding Although the No Project/No Build Alternative would be considered the environmentally superior alternative in that it would avoid the significant adverse effects of the project; the City Council of the City of La Quinta rejects the No Project/No Build Alternative for the following reasons: 1. The No Project/No Build Alternative is inconsistent with the General Plan, insofar as this alternative would not implement the General Plan's land uses for the property, which the City Council considers inconsistent with its vision for City land use policy under the General Plan. 2. The No Project/No Build Alternative does not meet any of the project objectives. 3. In particular, the project will create a private resort community with a variety of interrelated and mutually supportive commercial and recreational land uses that will generate transient occupancy and sales tax revenues in order to enhance the City's economic base and long-term financial stability, which are significant public benefits that will not be realized under the No Project/No Build Alternative. 91 436 4. This alternative could result in the loss of the adobe structure and would leave the pre- historic Coral Mountain Rock Art Complex resources at the base of Coral Mountain unprotected, which could result in a significant impact to historic and pre -historic resources. 5. The project site remaining in its existing condition is not considered the most likely outcome if the proposed project is not approved, due to the existing entitlements associated with SP 03-067, which would remain in effect if the project is disapproved. The City Council therefore finds the No Project/No Build Alternative is unacceptable and rejects it. Alternative 2: No Project/Existing Entitlements Under this alternative, the 386-acre portion of the project would be developed under the existing Andalusia at Coral Mountain Specific Plan (03-067). This Alternative would develop approximately 8.4 acres of General Commercial, 204.2 acres of Low Density Residential, and approximately 171.9 acres of Open Space (Recreation) land uses. Alternative 2 would include the development of 750 low density residential units and a golf course. It is anticipated that the golf course would be privately owned and would be operated as a resort -style course that is available to the public to play on a daily fee basis to ensure economic viability. The neighborhood commercial uses would be typical of those found in other neighborhood commercial centers in the City, providing a range of retail uses. Finding and Facts in Support of Finding The City Council of the City of La Quinta rejects the No Project/Existing Entitlements Alternative for the following reasons: 1. This Alternative would not generate the transient occupancy tax (TOT) revenues anticipated with the proposed project that would enhance the City's economic base and support the City's long-term financial stability, which is considered a significant public benefit of the proposed project. 2. The No Project/Existing Entitlements Alternative does not meet many of the basic project objectives, including developing a private resort community with a variety of interrelated and mutually supportive commercial and recreational land uses that promote walkability and non -motorized connectivity, in addition to generating TOT revenue that offsets the public service costs associated with any development of the project site. 3. This Alternative would have increased adverse environmental effects in the areas of Air Quality, GHG Emissions, Vehicle Miles Traveled, as described on pages 7-17, 7- 20 — 7-21, and 7-26 of the Draft EIR, due to the lack of complimentary land uses and 92 437 connectivity, and would increase the project water demands due to inclusion of the golf course uses (see Draft EIR, page 7-27). The Air Quality and GHG Emissions would be significant and unavoidable impacts, and would be somewhat greater than those anticipated with the proposed project. While this Alternative would reduce the project's aesthetic impacts, the significant and unavoidable impact on views of Coral Mountain and the Santa Rosa Mountains would still result from construction of the perimeter walls, landscaping and single-family homes. Impacts concerning electricity use, land use and planning, and noise would be incrementally reduced, but these impacts would also be reduced to less -than -significant levels under the proposed project. The City Council therefore finds the No Project/Existing Entitlements Alternative unacceptable and rejects it. Alternative 3: Reduced Density Alternative The project would be reduced by one-third of the proposed density of the project under this Alternative. Therefore, this Reduced Density Alternative would develop 400 residential dwelling units, 100 resort/hotel rooms, 38,000 square feet of resort commercial uses, and 40,000 square feet of neighborhood commercial uses. The Wave Basin and other proposed recreational amenities would remain part of the project as presently proposed. Finding and Facts in Support of Finding The City Council of the City of La Quinta rejects the Reduced Density Alternative for the following reasons: 1. The Reduced Density Alternative does not meet all of the project objectives, including maintaining the overall density previously included for this property in the Andalusia Specific Plan. 2. The Reduced Density Alternative would fail to generate the same levels of transient occupancy and sales tax revenues in order to enhance the City's economic base and long-term financial stability. 3. This Alternative would reduce the GHG emissions estimated for the proposed project by reducing the number of hotel rooms, residences, and commercial areas (Draft EIR, at pp. 7-35 — 7-36), but as described above, this Alternative fails to maintain the overall density included for this property in the City's General Plan and fails to meet the City's desired level of tax revenues for the City, and for those reasons, deemed by the City Council to be infeasible. 4. This Alternative would not reduce the project's significant and unavoidable aesthetic impact on views of Coral Mountain and the Santa Rosa Mountains, which would still result from construction of the perimeter walls, landscaping, and single-family homes (Draft EIR, at pp. 7-30 — 7-32). 93 OWE The City Council therefore finds the Reduced Density Alternative unacceptable and rejects it. Alternative 4: The Golf/Resort Hotel Alternative This Alternative would develop a resort hotel of 150 hotel rooms and associated recreational, restaurant and retail amenities, an 18-hole championship golf course that would be open to the public to play on a daily fee basis, and 600 low -density residential units, but would not include the Wave Basin and related uses. Finding and Facts in Support of Finding The City Council of the City of La Quinta rejects the Golf/Resort Hotel Alternative for the following reasons: 1. The proposed project will develop a high -quality private wave basin (The Wave) that provides unique recreational opportunities for future residents of the project, and that attracts resort guests and creates a landmark facility, which would not occur with this alternative. 2. This alternative would generate greater air quality impacts (Draft EIR, p. 7-46) and GHG emissions (Draft EIR, 7-49) because the project's projected 12-15% emissions reductions resulting from the complimentary and integrated mix of uses and other PDFs would not be achieved under this alternative, and these impacts would potentially be significant and unavoidable. 3. This alternative would also increase the project's water demands by 133.88 acre-feet per year (an increase of approximately 14%) because the golf course would use substantially more water than the Wave Basin amenity (Draft EIR, pp. 7-54 — 7-55). 4. This alternative would also fail to substantially reduce any of the significant and unavoidable impacts of the project. Although the project would have incrementally reduced impacts in the areas of aesthetics, energy, and noise, these impacts would be mitigated to a less than significant level, as would the proposed project. Accordingly, this alternative is not considered environmentally superior to the proposed project. The City Council therefore finds the Golf/Resort Hotel Alternative unacceptable and rejects it. Alternative S: The Lake Amenity/No Hotel Alternative This Alternative would develop a lake amenity, instead of the Wave Basin, and would include 750 low -density residential units and 8.4 acres of commercial uses at the northeast corner of the property, consistent with the existing entitlements for the project site. The lake would be approximately 75 acres, and would be used for typical lake uses, including small electric boats, sailing, kayaking and paddle boarding (but not gas -powered boats or recreational watercraft). This 439 Alternative would not have the hotel or other Tourist Commercial uses and would not have the occasional special events that would be associated with the Wave Basin. Finding and Facts in Support of Finding The City Council of the City of La Quinta rejects the Lake Amenity/No Hotel Alternative for the following reasons: I. This Alternative would not generate the transient occupancy tax revenues anticipated with the proposed project that would enhance the City's economic base and support the City's long-term financial stability, which is considered a significant public benefit of the proposed project. 2. The Lake Amenity/No Hotel Alternative does not meet many of the basic project objectives, including developing a private resort community with a variety of interrelated and mutually supportive commercial and recreational land uses that promote walkability and non -motorized connectivity, in addition to generating TOT revenue that offsets the public service costs associated with any development of the project site. 3. This Alternative would have increased adverse environmental effects in the areas of Air Quality (Draft EIR, pp. 7-59 — 7-60), GHG Emissions (Draft EIR, p. 7-62), and Vehicle Miles Traveled (Draft EIR, p. 7-67), due to the lack of complimentary land uses and connectivity, and would increase the project water demands due to inclusion of the 75-acre lake (Draft EIR, p. 7-68). The increased Air Quality, GHG Emissions, and VMT impacts would be significant and unavoidable. While this Alternative would reduce the project's aesthetic impacts, the significant and unavoidable impact on views of Coral Mountain and the Santa Rosa Mountains would still result from construction of the perimeter walls, landscaping and single-family homes (Draft EIR, pp. 7-58 — 7- 59). Impacts concerning electricity use and noise would also be incrementally reduced, but these impacts would be mitigated to less -than -significant levels consistent with the proposed project. Accordingly, this Alternative is not considered environmentally superior to the proposed project. The City Council therefore finds the Lake Amenity/No Hotel Alternative unacceptable and it is rejected. Additional Findings Regarding the Environmentally Superior Alternative A summary comparison of impacts associated with the project Alternatives is provided in the Draft EIR in Table 7-6, Comparison of Alternatives to Project. Of the Alternatives considered in this Draft EIR section, the No Project/No Build Alternative is environmentally superior to the other Alternatives because this Alternative would avoid any impacts identified for the project or any other alternative. 95 e Although Alternative 1 is environmentally superior, it does not meet any of the objectives of the proposed project because it would not involve any development of the site. The CEQA Guidelines require that the EIR identify an environmentally superior alternative to the project and "if the environmentally superior alternative is the `no project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives." CEQA Guidelines Section 15126[e][2]. In general, the environmentally superior alternative minimizes adverse impacts to the environment, while still achieving the basic project objectives. Of the remaining alternatives, Alternative 3 (reduced density project) would be the environmentally superior alternative because it would result in incremental reductions with respect to the following environmental topics: air quality, energy, noise, public services, transportation, and utility & services. This Alternative would also avoid the project's significant and unavoidable impact regarding GHG emissions. However, Alternative 3 would fail to adequately meet the proposed project's basic objective of maintaining the overall density count previously included in the Andalusia Specific Plan, which the City Council finds to be inconsistent with the General Plan and unacceptable for that reason. This Alternative also would fail to generate the same levels of transient occupancy and sales taxes to enhance the City's economic base and long-term financial stability. While Alternative 3 is considered to be the environmentally superior alternative, the City Council rejects it as infeasible because it is inconsistent with the City's General Plan and considered economically infeasible due to the reduced TOT and sales tax revenue that the City Council considers critical for this property because until 2035, 100% of all real property taxes from the project site must be used to retire a long-term debt from the County's former Thermal Redevelopment Project Area. As a result, Alternative 3 is rejected. VIL STATEMENT OF OVERRIDING CONSIDERATIONS Under CEQA Guidelines Section 15093, CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." As described in Section III of these Findings, the project will have significant and unavoidable impacts in the following two areas: (1) the project's perimeter walls, landscaping and low -density residential homes will obstruct existing views of Coral Mountain and the Santa Rosa Mountains from public views and surrounding properties; and (2) the project will generate GHG emissions that exceed the SCAQMD's established threshold of significance, and even with implementation of the recommended mitigation measure requiring the purchase of carbon credits, this effect is considered significant and unavoidable because the use of carbon credits has not been established in the Coachella Valley area as effective all 441 mitigation for residential and resort communities, and because even with the purchase of such credits, the project will still generate GHG emissions that exceed the SCAQMD threshold. As permitted under CEQA Guideline 15093(b) the City Council of the City of La Quinta adopts and makes this statement of overriding considerations concerning the project's unavoidable significant impacts to aesthetics and greenhouse gas emissions to explain why the project's specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, outweigh its unavoidable impacts. In general, the project site provides an appropriate location for the proposed residential, recreation and commercial uses that will provide employment, housing, recreation, and increased property and sales tax revenue opportunities for the City, its residents and visitors. The City Council of the City of La Quinta finds that the project's significant environmental impacts are acceptable when balanced with the project's benefits. Each of the benefits cited below constitutes a separate and independent basis that justifies approval of the project and outweighs the unavoidable adverse environmental effects of approving the project, and thus make the adverse environmental effects acceptable. Thus, even in the absence of one or more of the reasons set forth below, the City has determined that each remaining reason, or any combination of reasons, is a sufficient basis for approving the project, notwithstanding any significant and unavoidable impacts that may occur. 1. The project will generate substantial transient occupancy tax (TOT) revenue for the City from the proposed hotel, which the City Council considers a critical component of the project because this site is part of the former Thermal Redevelopment Project Area, and as a result, 100% of all real property taxes from the project site must be used by the County to retire a long-term debt for bonds previously issued by Riverside County. Without the TOT revenue, development of the project would generate substantial City general fund costs with no source of revenue to cover those additional costs. Based on the City's Fiscal Impact Analysis, the project is forecast to generate revenues substantially in excess of the costs associated with providing public services to the project, which will help offset the budget deficit associated with providing public services to the other nearby communities that were also included in the Thermal Redevelopment Project Area. 2. The project provides a unique opportunity to allow TOT revenue -generating short-term vacation rentals (STVRs), at the homeowners' option, within a master planned, mixed - use community that is designed to successfully accommodate such STVRs with complementary commercial, resort and recreational amenities onsite and centralized management of the STVRs. The project will also include CC&Rs, rules and regulations, sales disclosures, and community enforcement mechanisms designed to accommodate STVRs and avoid any adverse effects on project residents and the surrounding communities. This approach allows the City and project homeowners to receive the benefits of STVRs, while also allowing potential future residents to choose whether or not to live in a private, gated community that allows STVRs. 97 442 3. The project will fund and implement a grass turf reduction plan that is projected to permanently remove and replace more than 2 million square feet of existing grass turf on private property within the City of La Quinta at full buildout, which could save more than 200 acre-feet of water annually. 4. The project provides a unique mix of interrelated and mutually supportive residential, resort, commercial and recreational uses that create a private resort community which minimizes GHG emissions and vehicle miles traveled associated with the proposed uses through promoting walkability and non -motorized connectivity as an integral part of the project design, including (1) establishing residential neighborhoods that are linked through multi -use trails that connect neighborhoods and planning areas throughout the project; and (2) providing "walk streets" in the resort area to provide internal connection between facilities within the Tourist Commercial planning area. 5. The project provides neighborhood commercial uses at the corner of Madison Street and Avenue 58 to serve existing and future residents in this portion of the City, which currently lacks any neighborhood serving commercial uses, thus requiring lengthy trips by residents to meet their most basic commercial needs. 6. The project maintains the overall density of planned development for the site, adding to the diversity of housing, resort uses, and recreational amenities within the City, while also maintaining low -density residential uses around the majority of the project perimeter that matches the surrounding residential communities. 7. The high -quality private wave basin (The Wave) and Kelly Slater brand provide unique recreational opportunities for future residents of the project and will attract resort guests and create a landmark facility that will enhance the City's reputation as the "Gem of the Desert" and elevate the La Quinta destination brand consciousness all over the world. 8. The project will contribute to both temporary and permanent employment and economic growth opportunities in this portion of the City, including a projected 674 permanent jobs (Draft EIR, Table 4.13-30), which provides a significant public benefit to the City and its residents. 9. The project will generate significant funding for public infrastructure improvements within the City and surrounding area, including improvements to the local and regional circulation system through the payment of TUMF and DIF fees, and fair share contributions to multiple signalization projects required as part of General Plan build out. 10. The project will benefit the unique biological resources in the City and broader Coachella Valley region by contributing substantial funding through payment of the CVMSHCP Local Development Mitigation Fee to support CVCC's ongoing efforts to acquire and maintain essential habitat for special status species, and by constructing a sheep barrier along the base of Coral Mountain and the remaining western project W. . 443 boundary, which will contribute to CVCC's ongoing efforts to protect the Peninsular bighorn sheep from communities located on the valley floor. 11. The project will support and implement all eight of the guiding principles of the City's 2035 General Plan, including: (i) supporting "a fiscally sound community" that capitalizes on the City's unique development opportunities; (ii) supporting "a resort oriented community" that maintains and improves the opportunities for La Quinta to be recognized, both nationally and internationally, as a top resort and recreational destination; (iii) supporting "a neighborhood -oriented community" that strives to ensure that existing and future housing for all residents continues to be diverse in type and of high quality; (iv) supporting "a healthy, vibrant and heritage minded community" that ensures that all land uses cohesively exist with the area's natural, cultural, and historical heritage, including by protecting the Coral Mountain Art Rock Complex at the base of Coral Mountain and the remnants of the adobe structure located on the project site, which are currently subject to potential vandalism and deterioration; (v) supporting "a conservation focused community" that promotes the efficient use of water and energy resources through replacing the previously approved golf course use on the site with the Wave Basin and other recreational amenities that use less water than the uses currently approved for development on the site, and incorporating integrated design principles and state-of-the-art efficiency features to ensure an environmentally sustainable development; (vi) supporting "a safe community" through development standards that promote safe indoor and outdoor spaces in this gated community that will provide on - site private security and provide substantial funding for emergency services (both through payments of DIF and generation of substantial TOT and sale tax revenue); (vii) supporting "a full service community" that provides and maintains adequate service levels and facilities for streets, water, sewer, storm drains and other infrastructure, which here include privately owned and maintained streets within the project as well as improvements to the City's arterial streets and funding for areawide circulation system upgrades, as well as constructing all required sewer, water, and storm drain infrastructure; and (viii) supporting "a circulation minded community" that promotes and encourages a broad range of transportation opportunities that reduce impacts on the &S environment by providing a complimentary mix of residential, resort, commercial, and recreational uses that are interconnected through multi -modal roads, trails and paths that reduce the length of vehicle trips and promote non - motorized travel. 12. The project will provide an important public connection through the project site for the Coral Mountain park and recreational trail system planned for the area by the Desert Recreation District. In addition, the project will pay substantial City Development Impact Fees and Quimby fees that will provide funding sources intended to allow Desert Recreation District to accelerate the timing and completion of Coral Mountain Park and related trail system. The implementation of this measure is assured and enforceable because it is included in the Development Agreement and conditions of approval for the Specific Plan. 13. The project imposes a 0.25% fee on the re -sale of all residences within the project, which will be distributed by a Coral Mountain non-profit organization to support health and social programs in La Quinta and the eastern Coachella Valley, such as clean water initiatives in underserved rural neighborhoods, community food security, and homeless and impoverished services. The implementation of this measure is assured and enforceable through the terms of the Development Agreement and will be an enforceable obligation of all future owners of homes in the project through recorded CC&Rs. 14. The project will create a unique recreational opportunity to La Quinta's residents by allocating a minimum of 1,000 person hours of time on the Wave Basin for charitable and public interest purposes, such as an annual surf camp program and/or fundraising auction prizes for qualified charities. The implementation of this program is assured and enforceable through the terms of the Development Agreement. Conclusion: In light of the foregoing, and the information contained within the Final EIR and other portions of the project record of proceedings, the City Council concludes that implementation of the Coral Mountain Resort Project will result in the development of a unique project that provides substantial economic, legal, social, technological, and other benefits, including region -wide or statewide environmental benefits, as outlined above, which outweigh and make acceptable the significant, unavoidable environmental impacts associated with the Coral Mountain Resort Project and, accordingly, adopts this Statement of Overriding Considerations. VIII. FINDINGS REGARDING CERTIFICATION OF FINAL EIR Pursuant to CEQA and the State CEQA Guidelines, the City Council of the City of La Quinta as the lead agency under CEQA is responsible for certification of the EIR and therefore makes the following findings: 1. The Final EIR was completed in compliance with CEQA and its Guidelines; 100 2. The Final EIR was presented to the City Council, which reviewed and considered the information in the Final EIR prior to making its decision on the Project; 3. The certification of the Final EIR and the findings set forth herein reflect the City's independent judgment and analysis in its capacity as lead agency; and 4. The City Council adopts the Mitigation Monitoring and Reporting Program (Attachment A) to reduce or avoid the significant and mitigable impacts of the project. 5. The City Council finds that the Final EIR properly evaluated the project's potentially significant cumulative impacts based on General Plan buildout, and that this analysis included all past, present and probable future projects in the project vicinity that could cause or contribute to such significant cumulative effects. 6. The City Council finds that the additional information and evidence submitted after release of the Draft EIR and prior to certification of the Final EIR does not constitute "significant new information," as defined in CEQA Guidelines Section 15088.5, but rather, merely clarifies and amplifies the information provided in the Draft EIR. By these Findings, the City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, as well as the project design features identified in the Draft EIR, are hereby approved and adopted, and shall be fully enforceable through the Development Agreement, as well as permit conditions, agreements or other measures. Any finding made by the City shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross-reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the City with respect to any particular subject matter of the Final EIR, shall be deemed to be made if it appears in any portion of these findings. If any term, provision or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. 101 DRAFT COUNCIL RESOLUTION NO. 2022 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, SPECIFIC PLAN 2020-0002 AND TENTATIVE TRACT MAP 2019-0005, TO ALLOW THE DEVELOPMENT OF THE CORAL MOUNTAIN RESORT, SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET CASE NUMBERS: SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN) GENERAL PLAN AMENDMENT 2019-0002 SPECIFIC PLAN 2020-0002 TENTATIVE TRACT MAP 2019-0005 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the City Council of the City of La Quinta, California did, on June 7, July 5 and September 21, 2022, hold a duly noticed Public Hearing to consider a request by CM Wave Development LLC for approval of a Specific Plan Amendment, General Plan Amendment, Specific Plan and Tentative Tract Map for a master planned community on 386 acres of a 929 acre area located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as: APN 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766- 080-0011766-080-0021766-080-004 & 766-080-005 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-011 to recommend to the City Council approval of the Specific Plan Amendment, General Plan Amendment, Specific Plan and Tentative Tract Map at a duly noticed Public Hearing on the April 26, 2022, following public hearings held on March 22 and April 12, 2022; and ..A DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 2of10 WHEREAS, said Specific Plan Amendment, General Plan Amendment, Specific Plan and Tentative Tract Map have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019- 0010. The City Council has adopted Resolution No. 2022- certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics and greenhouse gas emissions, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and Specific Plan Amendment 2019-0003 (Amendment V to Specific Plan 2003-037, Andalusia) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Specific Plan Amendment [Exhibit A]: 1. The proposed Specific Plan Amendment is consistent with the General Plan, insofar as the land area remaining in the Specific Plan will continue to develop with the land uses shown in the General Plan Land Use Map, and consistent with the policies and programs of the General Plan. 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare, as development already occurs within this Specific Plan, and its build out will be consistent with that development. 3. Specific Plan 2003-037 is compatible with zoning on adjacent properties which are also Low Density Residential. 4. Specific Plan 2003-037 is suitable and appropriate for the subject property, as development has occurred there, and will continue to build out as originally intended. DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 3of10 General Plan Amendment 2019-0002 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 to justify approval of said General Plan Amendment [Exhibits B and C]: 1. The amendment is internally consistent with those goals, objectives and policies of the General Plan which are not being amended, as follows [and supplemented by Exhibit B]: Goal LU-1 Land use compatibility throughout the City. Policy LU-1.2 All land use decisions shall be consistent with all applicable General Plan policies and programs and shall uphold the rights and needs of property owners as well as those of the general public. Consistency: The General Plan Amendment is proposed to support the development of a master planned community, similar to other master planned communities in the City. Other such communities include Tourist Commercial components, including PGA West and SilverRock. The community will be private, will be surrounded by a perimeter wall, and proposes land uses that, as analyzed in the project Environmental Impact Report (EIR), will not be visible or discernable from outside its boundaries. The application for the General Plan Amendment has been made in compliance with the City's procedures and requirements, by a private landowner. The General Plan Amendment, due to the nature of the private resort community described above, will not negatively affect the general public. Goal LU-2 High quality design that complements and enhances the City. Consistency: The Specific Plan (SP2020-0002) proposed in conjunction with the General Plan Amendment includes comprehensive development standards, guidelines and graphics illustrating a high quality of design. Notwithstanding the proposed Specific Plan (SP2020-0002), should the General Plan Amendment be approved and development under the Specific Plan not proceed, the City's Zoning Ordinance requirements DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 4of10 include high quality development standards and guidelines designed to preserve the quality of development in all parts of the City. Goal LU-3 Safe and identifiable neighborhoods that provide a sense of place. Consistency: The proposed General Plan Amendment will result in a master planned, free-standing community, consistent with the development which already exists in the area. The project as proposed will include perimeter landscaping, a gated entry, and resort commercial development in the center of the site, shielded from neighboring development. The project's perimeter and gate will provide identifying characteristics distinguishing it from its neighbors, as has occurred in master planned communities throughout the City. Any development resulting from the General Plan Amendment will be reviewed by both police and fire department staff to assure public safety. Should the proposed project not proceed, the General Plan land use designations would still likely result in a self-contained community, perimeter walls and gated access. Goal LU-4 Maintenance and protection of existing neighborhoods. Policy LU-4.1 Encourage compatible development adjacent to existing neighborhoods and infrastructure. Consistency: The proposed General Plan Amendment will result in residential densities of up to 4 units per acre, consistent with the land use designations applied to surrounding development. The project proposed for the site would result in a residential density of 2.6 units per acre, which is consistent with the developed projects in the area, including Trilogy, PGA West and Andalusia. The amount of Open Space land resulting from the General Plan Amendment will be less than that provided in surrounding developments, insofar as all three surrounding country clubs include golf courses. From the public realm, however, this difference will not be discernible, as the interior of the project will not be visible from public streets. 450 DRAFT Council Resolution No. 2022 — XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 5of10 The proposed addition of Tourist Commercial lands to the property will represent a change from the land uses in Andalusia and Trilogy, as well as the smaller subdivisions occurring in the area. However, the inclusion of Tourist Commercial land in master planned communities in the City is not unusual, and is included at Centre Pointe, PGA West, SilverRock, Legacy Villas, and Travertine Specific Plans. Its location at the south- central portion of the site provides for a buffer from existing surrounding neighborhoods, and would be fully shielded from public view, or views from surrounding existing neighborhoods. As analyzed in the project EIR, the impacts associated with this land use are less than significant from the perspective of CEQA. The General Commercial land use designation currently exists at the corner of Madison Street and Avenue 58, and its reduction by 1f acre will not change the anticipated land uses or character of this portion of the site. 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 residential product type to meet the needs of current and future residents. Consistency: The General Plan Amendment will not, in and of itself, result in any particular type of housing. The Specific Plan (2020-0002) proposed in conjunction with it, however, includes a broad range of attached and detached residential products which will broaden and add to the City's housing inventory. The General Plan Amendment will not substantially change, as shown in Table 1, the amount of Low Density Residential land provided in the City for development. The range of housing proposed in the Specific Plan (2020-0002) is consistent with market trends seen in the City in recent years, including clustered, smaller lot development, which is also typical of golf course communities in the City. 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. 451 DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 6of10 Policy LU-6.3 Support and encourage the expansion of the resort industry as a key component of the City's economic base. Consistency: The proposed General Plan Amendment maintains the General Commercial land use at the corner of Madison Street and Avenue 58. This has long been considered in the General Plan as an appropriate location for neighborhood shopping, which would include a range of services and goods, based on the lack of commercial opportunities in this part of the City. As a result, this land use designation has been in place since annexation of the property, and its continuation, and eventual implementation, maintains the vision for the property. The proposed General Plan Amendment will also expand the City's economic base by adding to its hotel room inventory, and provide new and different housing opportunities. The proposed project includes a Development Agreement which addresses the City's lack of property tax revenue in this area of the City, by requiring the payment of mitigation fees to offset the loss. This has been consistently applied to lands in this part of the City over the past decades, in order to assure that projects contribute to public services costs and do not represent a financial drain on the City. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare because the community will be entirely self-contained and of high quality, and will be surrounded by homes, perimeter improvements and streets. 3. The Land Use designations are suitable and appropriate for the subject property, as it continues the pattern of master planned communities envisioned in the General Plan for southern areas of La Quinta. 4. Approval of the General Plan Amendment is warranted because changes in the market and in consumer interest in golf courses has changed, and alternative forms of recreation will expand the options for current and future City residents. 452 DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 7of10 Specific Plan 2020-0002 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 to justify approval of said Specific Plan [Exhibit D]: 1. Consistency with General Plan. The Specific Plan (2020-0002) is consistent with the goals, objectives, and policies of the general plan, as follows. Policy LU-2.1 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. Consistency: The Specific Plan (2020-0002) implements the policies of the General Plan relating to site -specific development standards and high quality development, and provides flexibility for the development of specialized land uses to the site. 2. Approval of the Specific Plan (2020-0002) will not create conditions materially detrimental to the public health, safety and general welfare because it will create an entirely self-contained and master planned community that will continue the pattern of master planned resort communities envisioned in this part of La Quinta. 3. The Specific Plan (2020-0002) is compatible with zoning on adjacent properties as it continues the pattern of master planned communities envisioned in the General Plan for southern areas of La Quinta. 4. The Specific Plan (2020-0002) is suitable and appropriate for the subject property because the property is essentially flat, and development will not occur on Coral Mountain or protected areas. 453 DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 8of10 Tentative Tract Map 2019-0005 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 to justify approval of said Tentative Tract Map (Exhibit E): 1. The Tentative Tract Map is consistent with the La Quinta General Plan, as amended, and implements the Low Density Residential, General Commercial, Open Space and Tourist Commercial land use designations allowed on the site. 2. The design and improvement of the Tentative Tract Map are consistent with the La Quinta General Plan with the implementation of recommended conditions of approval to ensure comprehensive improvements and coordinated development. 3. The design of the Tentative Tract Map is not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Coral Mountain Resort EIR found that impacts to the environment could be reduced to less than significant levels, with the exception of aesthetics and greenhouse gas emissions. The City has determined that the benefits of the project outweigh the impacts to these resources, as identified in the Findings and Statement of Overriding Considerations. 4. The design of the Tentative Tract Map and type of improvements are not likely to cause serious public health problems, insofar as theproject 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, easements, if any and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 454 DRAFT Council Resolution No. 2022 - XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 9of10 SECTION 1. That the above recitations are true and constitute the Findingsof the City Council in this case; and SECTION 2. That the above project is consistent with EA 2019-0010, Coral Mountain Resort Environmental Impact Report (SCH #2021020310); and SECTION 3. That it does hereby approve Specific Plan 2019-0003 (Amendment V to Andalusia Specific Plan), General Plan Amendment 2019- 0002, Specific Plan 2020-0002 and Tentative Tract Map 2019-0005 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibits F and G]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on September 21, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk 455 DRAFT Council Resolution No. 2022 — XXX Specific Plan 2019-0003 (Amendment V to the Andalusia Specific Plan SP2003-067 General Plan Amendment 2019-0002 Specific Plan 2020-0002 Tentative Tract Map 2019-0005 (TTM 37805) Project: Coral Mountain Resort Adopted: Page 10 of 10 City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 456 SPECIFIC PLAN -7 April 2020: AMENDMENT V OF ANDALUSIA COUNTRY CLUB '-M A Development by: SUNRISE LQ, LLC, a Delaware Limited Liability Company FREEDMAN LEFF INVESTMENTS, LLC, a Delaware Limited Liability Company Prepared for: THE CITY OF LA, QUINTA, CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT 457 PROJECT TECHNICAL TEAM SUNRISE LQ, LLC FREEDMAN LEFF INVESTMENTS, LLC 300 Eagle Dance Cr 23622 Calabasas Rd, Ste 200 _Pa1Qi.De4ert,..CA.92211 Calabasas, CA 91302 CrrY OF LA QUYNTA COM MITV DEVELOPMENT IDEPARTMIENT Danny Castro Design and Development Director 78-495 CaUe Tampico La Quini.a, CA 92253 MASTER PLANNING Han Howerton 1 Union Street Poor 3 San Francisco, CA 94111 LANDSCAPE ARCHITECT RGA Landscape Architects, Joc, 73061 El Pasco Suite 210 Palm Maort, CA 92260 CIVIL ENGMERING Watson Engineed g 50-2001v mrae Strut Indio, CA 92201 ii Spccific Plan 03.067 TABLE OF CONTENTS 1.1 EXEE.�CUTr ���+yyS■.� R ....... r ........ a . r . r r r r r ■ . r ■ . , ................ 1..2 PURPOSE AND MMENT .......i.......... ....... 7.................... 42 1.3FROJFCT RI`XONALSLI!(G ............................ �, ..i ii7.i..ia. ■1� .�3 1.4 iA{UEC■ LOCAL SETI NG.r..,.rr..«.....«... r........r......i.,, .... 2 1.5LTMORE}T HryfR;............«................................. 1.6 1`AFlyyLVIATIOI ■........i................i y-fQA COILUMCE.................................................i.9. 2 PLANS, PROGRAMS AND iGUIDE TNES 1.1 • E L�y[i}�1i�.{�4��. R./+'JE;.C,.�iAJJT�LFPT .�.ry{.�i }.4. #� 4rt.,.r. e.. rt.., ..4ri*irt,.r«r.01 00r2w1 lid ] iT �.# i.. i.... }. T.... r...ar. i..1i}a.......}... 2 �7 ��yy 2.2 }2'.1.11]y`.Pl�R�+SLL.�� LEAN ii 10SE......................................r. si rirri#.,......... y 23 23 1.,and Use ! C eaaxAf PbM Content ................................... 2 3 �2} �'.xis6iug�,}General Plan I And IIie .............................. .....+1y 4 +2.2.�2 2.2.7.37''��P7/ropost�1'EFweral Pima / land Use .. s .. } i .. r , 1 .. , ............... +, ...2.5 y �} 7.3 ZONING.... 6............ a ...................+2.6 a......................... t Z-3.1 ExistingLaning.................................................. 2,6 2Tr..i3..12�Propaera•ed Zoning.t.....,....r.........t._.9.......................2.7 ./1, y1y 2AThe ill�inLd�I'Va4 � Pka..y...,..,.a.............................J........ 2do F.��tryLl+Y.-i�.■JA U(ysy,��.�`yTBy Plaur amg A ea ... / + / } ........... ...................... 2.5 � J�a CMCR+.-N T[0I l LA ........................... ...................... .{+Ff.9 =�y3 � 2.5.1 Offi Impr�Gvements.... ...... r.,Prat.}..,.,,,%,.r.ia,r.ar.}.ri.2.r.. 252 of ite Improvements .. .. ... i .. .. . 0 .... . ........ ►.. .. .. ... .. r .' .. .7-74 U MASM PLAN 81UPPORI IlYG ELEMMT 7((77y� 7-6.1Opp Spam andReereadan.................r,.*{..*...... .,..rw.... 2+�+ 2,6.2 Thfilmr1lewm and 1yudes B ir...............# - . . . . F .... ..2.4p 2.63 Water and Rower Pbm ..+r.. Fr...##r#r........2.28 z.Vi�................ .. .. 4►., ..ryZ+++LF�ye.... .... 2AS Natural G" ........#...... 2A6 Telephone ... ............................ rl . Y a•....... L...........i.f+� 16.7 Rief�useColiectian ... t............................................L29 21618 S hGOI c+iM •...}#i..#..}.}}..}#.. 4 i r 4444.94 4 f,.. 4... s.. r... 4..4 q 2.6.9 La-w Enforaemeat................................................2." Fire Protecdou ............. . . .. r ................................ 30 2.6.11 Ubtaryrci7its .. .............. ......i...............................230 2.7 GENE RAL DESIGNGiL.G#INE? & 71yM■RDS ...... } ..... r .........2.31 23.1 SpecificPlan 03-067 Community kiage ......................... 2 33y }The { tand Site ...�. a r ... # ., ....... % . * ..L33 tt�} �jn�rf7al +Guideline+ .y�//7}}ayy The Lhe. Specific Mn.J� c 41, -06 Golf land C oua 4E0 CadUt �$ .........P...237 .!{r-7-3 L f.}4 i{cside�tial i#e Plaaniag Quid [i�cs .... a . t .... r ........sir #....... . �r J�k"ifiC plan w-0 7 xti 459 +} R 2.��7-�Y.y�51�, G■�'y■�1�d{{{i».g MOUNTAIN .// Design � Stand firds aud�yT�Guiiidc�liJ�u*ea ............... ...... , ..... �2.53 2 +T+pp E CORAL �iY+/.+'+++++IFI PDASIN i i.YJYIA ............................. 2.54 I&I The Pbs si r, Concept .. r ........ r ................ r .............. r .2.54 2.9 PLAA7 MATERILAL PALETTE i�.,.,r............... ....�..�.�,....�. ri. 3 11 ZONING S�R{ r l 1..1�TND�yY DEJ h�y �y.V�'YYYELOPIn�.Iy■+iENT REGULATIONS Y 3.1 SPEC31t C PLAN O l ERL/ L DWRICTS . .. . . .... .................... ...3.1 3.1.1 Planting Area I ............ ....................... 4........ it.r.3.3t 3.g1.2 �Pllaaain-Ayi�� U .....r...........r..r..ra... r. r.srrrrrrrrr.rra.r.+3.6 3.qA.-T �ijyJ � .aArea 71 7i ya�i y. arr..a.a.. r.a .. rr .............................a .77a+7 Silt@� Pll�auning Lre l�` ............ * . i .......................... i .. i . ► .+3,12 3.1.5 C�4uTaArea V................................... a ............ wTa 1 ^^yy -y 3.1.6 Pianninyyg�A7{rca V-�In�.j-.�y.�.y.�.yy+.y'.�....... , . � ..... , .... i ... r .... r r ........3.-�y(7y 3.2 SP.Gy4�Ar.F'� FLAN fyi.YS1L`13DM k7yNTS . r .......... ■ a ........... a ....... a . i ..3.20 1 3.�2.�!}�,Y7y+�� 5�e�7P,{i�}S�'+�RT�I;�pL�u�yd�}m�'e {��P+ /wedurm .................. F............ 3'-�l}r�Y 3.3 D NS r L Taf?i S UR R. R 1r IS3 IONS i .................................. 3.21 4 GENERAL PL&N CONSIMNCY 4-1 IA.i{[wT`y.-�U#-�� USE YIEN IL NT....................i..ii...i_....._....T4.r......4.1. 4.2 Ca+�T IO E1JEMEN Y a i • a r { .,i . . ... r A . L L r .. J .. .. .. . . ... . r .... . . i .4.2 4.3 OPEN SPACE ELEMENT ........ I ......... d 4 ......... , . , ... , . * * * * ... b .4.3 4A P+,7AY PX A117T�FD i��y.CHEA{'1'�YO�T�Ty�ELEMENT �+.'�. y....... I....+�.+.........................4ti4Y 4.5 �+LS V C►OL ME i1 l CONSiri VATION ire •� •1. MN 1 . . ...................... 4.4 d(,+6� flVM�►/�x7M�lUC�`t7yU AND PVI � '�`�rC SERVICEFS ELEMENT ........... . ....4.5 Y. ! 1�1'+'1���yY i1`L�l�if1■�JT���i^'`+�4�1ELEMENT 3}*AIL II(il�+i�f+RDS ELMEN i ......... F... ! . * f t i * . *. t. P. * y . A.5 4.8 i1.�.lRY Q V iSL L S ELE� 1 .. ... . .... r. r a t r t t r. f ... r ..... r .... i r. J ......4.6 I Spaai& PI-n 03--067 iv 460 introduction 1.1 EXICUTTVE SUMMARY -Ibe Specific Plan 02.067 is organized in four sections. ectioik 1: Introduction. This section provides an ovcniew ofthe dociuneiN, Qro*t setting and history, exiting approvals, the legislative authority for the specific plan process and the- method of complivace Mth the Cal%lb=o a Eavironmentttl Quality Act (CEQA). Section 2: Plans, Programs, and Guidelines. Tl is section provides the oxgmizatiotal frame- work of the Lan. lase Plan and related plan extnibits. Tids section establishes the iand use FOE- cy for the Specific Platt 03-067 area and provides the design guidelines which set d?-- g ind development criiaria and di=tion for individual proaects widda the Specific Plan boundary. Subsequent to the filing of the Specific Plan docurn:ems, scparate Use Permil applications will be filed which will delineate development eritcria for the goif clubhouse and ancillary support struc- tured and buildings, rezidential units, ml Supporting maintenance facility areas. [iou 3. Zoning and Development Regulations- This section establishes the =aLig appli- r,able to land within the Specific Plan 03-067 area boundary. Development Regulations are pre, rented for each Planning Area within the Specific PI n boundary. Sectfun 4: General Plan Consistency. This section us€ s the key land use issues statenteot of each elerxtent afibe City of La Quintu Ue=ml 1'Ian.as..�he.basis.faz,.avalu$ting�e.�co tic Specific ?Ian 03-067 wish the City of L& Quinta Corsi Platy spacific Nam 03-067 1.1 461 f '- 1.2 PURPOSE AND INTENT ' The, gpecift, Pl= prewnmd lic l is a comprehensive planing and development dociiment inten&d to guide deveivpmcnt of lands within the 5pe4il7c Pfau 03-067 area boundary.TEs doe-' acme t est bushes development plans, guidelines, and regulations far the prajwt plan area acid specifies development criteria for curious use p it entztlemE is scheduled to be developDd Aifl& the pkan area, I This document is intended to imure a high quality of development consistent with 6e goals, objectives, and policiii,i athe City of La Quiuta C'mex~al Plan and the goals of the Sunrise LQ, LLC and Freedman Leff Investments, LLC, developers of the property. These goals include: fmplemcntation of plait which zwgnis, and wherever possible, prat=the env�on=W charactwisties of the property; ■ Greatioa of a comma ty With a balance of appmpfiate land uses an€# a range of housing 4 typos, i I • D6valopm eat of cumplementtuy recreational and aomuieraial €k,ilities which wAl serv:,- a range n1f hortsing types; 1 ' Development Df a corrunUtlity whicli provides a safe% secure and ecologically soLmd living environment- ' r , '3 Ws Specific )Phil gaudes the standard of devalepmeut for $gecfc Plan 03-167 "is suua#ttrM to provide u free of flexibility to addrew market driven demand changes. The SpDciflc Plan 03- 067 Amendramt V estabUshes and updates the design and development zuniag policies applica- ble to development within the Specific Plan area described herein nail estsblishes U regulations and sLmdatds which stave as th.e ordinance and development regulation for the property. i This document removes all land area West of Madison Street from the existing Specific Plan land area, which is concurrently being processed as "Coral Mountain Resort" Specific Plan by CM Wave Development, LLC. 1.2 462 r r--ti L 1.3 PROJECT REGIONAL SETTING I F 11w Initial Speck Plant approval refcred to as SP218 approved in Riv=ide County was locat- ed withia the County afRiverside, in the Caachella Valley south and east of the City of La Quinta 'lie Smta Rosy Mountains are located to the west, Salton Sea to the southeast artd Lit& San 1 • Bermdiun Mountains to the northeast- The project site included 1,280 acres botm&d to ihe north by Avenue 59, south 6y Avenue 62, rues- of Jackson Street and east ofLake Calm ills County Park. The project site is located on the U.S. Geological Survey Indio, La Quinta, Martlne'z Mountain E and Valeric Quadrangle Maps, including portions of Sections 26,27,28, 34 and 35 ofTQwnsWp G Smith and Range 7 East, San Bernardino Base and Meridian. �oF hVSeR _ ,ar� Erhlbit 1 1n 1999 t?ac project was renamed to `Vzml MountaW' after a, sigaifiicaat landform which has item historically mfbrred to as "Coral RaefMaualaia " This sipdffcaat geological feamm forms pact of �I what is refe=d to as the Temnmt oIfA ricnt Shoreline" an the Rmication & 'Maroughf= M4P i of Desert Commmitics. }� The Coachella Talley is divided into the Lipper and Lo► cr Coftchella Valley Land Use Pluming a Area profiles and lha prof act site is located within the Lower Coacbella Laud Use Plamiag Area. ? The predominant land use in the area is agd ultwe, inaludir dry farming arnd citriculture, while J a large portion of the Planning Area is vamM nun -irrigated desert. Several sections of land in the E Flaming Area are under Indian ( mrn Marti= and A ugustine indiaa mervadens) and Bureau ofLand IirManag=nLmt (BLM) ownership. The resui% uhmkerboard pattern is found throughout ' eastern Riverside Cowity, The Coral Mountain Specific Plan Amendment I (Original Specific Plan) included 1,280 acres of flat, slightly sloping land. Approximately 355 acres have been added to the plan area bringing the total acreage of the previous plan to roughly 1,635 acres. The elevation ranges from approximately sea level in the western portion of the site to 90 feet below sea level in the eastern portion. Spaaific! Plum 03-067 1.3 463 The Andalusia Country Club Specific Plan boundary is within the City of La Quinta, a 31 square mile municipality located in the southwestern portion of the Coachella Valley. The City, which was incorporated in 1982, is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and Federal and County lands to the South. The amended Specific Plan project site as provided in Amendment V is now generally defined by Avenue 58 along the Northerly boundary, Monroe Street to the East, Avenue 60 to the South, and Madison Street to the West. J t ! INDIAN WELLS pAl.KR DESERT r __ f,sfrtaWEH A INDIO �t 1 1 X \ t3 bo COACHELLA AVEiI !12 1 54 A] GW BLVCL rvmul! 9a PROJECT SITE MMU E AYEIIUk: 6q Exhibit 2 Specific Flan 43-067 is accessible from Wers[ate 10 by way of Jefferson S#oet and Nbdzson Street nr Ivinnme Strut The Sperifir, Flan 03-067 project eonhnucs the implementataan of a getwvrk of dal Plm ma& and iaf utraett= v4ffii t the tyrs Master plan for development and memplifles a duality — of gmwtb that teAeMes dw Cify's emergence as a desert resort community with then hi&st stan- dards fDr resort residential and rmrmdonal devdopmant. Spec o Am m U. -0U1 Property adjacent to Specific Plan 03-067 is designated by the General Plan for a variety of land uses. Low Density Residential (LDR) uses are proposed and existing to the north and south of the property. The property west of the project site is proposed to be designated Coral Mountain Resort Specific Plan 2020-0002 having a variety of land uses consisting of Neighborhood Commercial, Low Density Residential, Resort and Open Space (Recreation) as proposed by General Plan Amendment 2019-0002. Quinta General Plan Prcfcrred Land U!w Map The Site Sge io Plan 03--067 L5 1.5 PROJECT HISTORY A Brief History of the Original Specific Plan's Previous Entitlement The property is currently approved for various uses under the name Coral Mountain Specific Plan Amendment I "Original Specific Plan". This Specific Plan is an amendment to the earlier approval document filed in the County of Riverside known as Rancho La Quinta Specific Plan 218. The Original Specific Plan under Amendment I incorporated 23 acres of Commercial Use, 689 acres of residential use and associated land, and three golf courses on approximately 567 acres - all uses totaling approximately 1280 acres. The portion of the plan south of Avenue 60 is currently being built out by Shea Homes and addressed in a separate Specific Plan under the name "Trilogy at La Quinta, Shea Homes Community". The Specific Plan 03-067 Amendment II delineates a bifurcation of the "Trilogy" plan area south of Avenue 60 from the land area north of Avenue 60. The area north of Avenue 60 will use the name Specific Plan 03-067 while the area south of Avenue 60 will acquire the name "Shea Homes" and will be developed within the parameters of the Original Specific Plan Amendment I document. This Specific Plan 03-067 Amendment V delineates a further bifurcation of the remaining property, removing the land West of Madison Street from the land East of Madison Street, which has been developed as Andalusia Country Club and continue to develop under the parameters of this Specific Plan 03-067 Amendment V. The land West of Madison Street will develop under its own parameters through a new Specific Plan 2020-0002 known as "Coral Mountain Resort" by CM Wave Development, LLC. See Exhibit, next sheet. 1.6 Specific Plan 03-067 466 'Fhe develapmeni plEn for the Specific Plan 03-067 Amendment V plan area includes: • T13e development of a championship golf coursei and Club amenities; 1-he development of 650 residential units; Tr x development of supporting infra sneture to assure adequate facilities and services. PROPOSED ANDALUSIA COUNTRY CLUB SPECIFIC PLAN 03-067 AMENDMENT V I 14 CORAL MOUNTAIN RESORT SHEA HOMES TRILOGY Speoifle Plan 93-067 1.7 467 1.6 ENABLING LEGISLATION LS • The authority to pfcpaae, adopt, =d impla meat the Original Specific Plan is granted to the City of La Quiff by the Califbmia GovemnLe t Code (Title 7, Division 1, Chapter 3, Article S. Sections 65450 through 65457). • As with Genera] Plans, the Piawing Commission must mold a public h riag iae£orc it can mend to the City Council The adoption of a Specifik Plan or an a mendment thereto, The City Couac: of La Qu.inta may adapt a Specific flan and/or an araendmMt to the Speck Pl= lay eiflier ord4=ce or resolution. • The Specific Plan 03-067 is a regulatory document &at, once adopted., will serve as the General Plan, the Zoning Crdmance, aad Development Code, (Specific Kw) for the amended plan area. As such, the adopted plan, once incorporated by re-fe.-ence, names consistent the La eta Genmerai Plan_ Upon completion of the. Specific Playa =cudmew and adoption process, futnrc dcveiopnent mast he camsisteni with the Specific Plan and amendatents thereto. 9pavifia Plan 03_067 1.7 CEQA. COMPLIANCE Specific Plan 03-067 The following s#atem,etz address the City of La Quinia's PnPonsibilily to addrms CEQA com- plia a in the prep ration of a ?negative Dwta on of cnviro>twesrtal impact (NEO-DEC). (a) The lead agcmry or responsible a9mcy shall prepare an addendum tc a lreviottsly certified OR if same changes m additions are necessary but none of the ocn&tions desonted in Section 15162 coiling for preparation of a subsequaiat Elk lave occurred. (b) An addendum to an aduAt:d 1,xTeZativo Deulantfon may he prepared if only rniuflx technical oiaangez or additions are aeae m y, (c) Ax addendum need not be cir, uWated for public revievr but can be induded in or attached to tho 1-xual FJR or adopted Negative DcOmfian. (d) The decision maldng body shall wmift the addendum with the fmal-BTR or adopted negative declaration prior to inaldng a decision on the project. (e) A beef i�xplanadicn of the ftisiah tumt to prepare a subsMRemt EIR pum-w , to SeMon 15162 should be included to an addendum to au EM, the lead agency's fmdioGs an the prcJeut or else� iu the, m=rd -The WlamSon must k supported by substnnfW evidence. i Spscifk 1P6 OM67 1.9 Plans, Programs and Guidelines -2.1 THE LA." USE CONCEPT X, Residentwi Uses The project encompasses two residential "neighborhoods" located on the East side of Madison Street. The main "neighborhood" is envisioned as a private country club featuring an 18 hole championship golf course and corresponding low density Ineighborhoods, with another smaller "neighborhood" envisioned as low to medium density residential units next to the club house and its recreational facilities. ?rxxl = types may (=bWa sigle- wily detaolied wd aT cbzd tinim. Resid=W dovelopmetr is CIP&W to ewu mw approx»stely M or the roW acreage wvkWh the S+pedfic Plan area �I wide the irsaliurc ofthD prop in spy, golf come, and other rncreatin based 19d um, l 2. (,' mrrremlol 1 Comw=jal &-Mopmcnt in p"Rd to b* bStad tm 9ppffixiiffltely a.F a=S Of 6M lD=ad OM the sadb=t cw= cd-msfisonfteemaiwmue 59. CommerZial dav&0pmc3t will oDns .t of a mbl= of comr aual rail and resort-rdatrd commamnl dovdopm=.t 11 is ant m. l C prated tbrst the mmemiAl Ectjid &-velopmerat will i=tuk both neighbibflIDW canmemW an,d -Yisi- r #x =Mig steal u&ea, 3, Pam fin. Spans/ RcmatY *� The Vbuuy ma=aoW mponvat a t4c dw4Dpmmt will be an 18 le uhmpiongup }golf -coLL= d=gnntd by Rcm Jonas which w3Il owupy approximat y 50% o f tkm Spm�& Plaa a_n , lIn wMdm to ki hrL n PS s irm0ional compo tL *z golf cm= will also pmvi k a visual wr wiWa *e S iFc Plwi arm with a aigaificam uumbcr of tmideatinl Units having froatap Opt fiu&ur VWWS of tk r1fWw-a. T1W oncepw layout for the gOf omuz to shown or. d3cMA$WPl=amptrw�Indi.v4U4dwir6lipment WUMft SpecificPhin mim mmyhave ad& tional recent kwal amerce hwhdiM t=is and Ong f ides. 4_ Ciraulation TIm cif a&m plan fir Sp dfio P]m 03 ie intcndrd ruti s jeea ea�a�d -" tea pr ick thz ass to toe Sp a 3110 ama, Thtme roadways i:iode Aveauu 60. Av= 58, Avenuo 62, h+t ww Strut ar►d Madisaa MEW. Tht iaicmal C"atioa S6cm wilt aaasist of is series of Loop roads providing memw is the M&'VldLd rwidmtW and roava ioneI WMPCnents wi#bin 1he Spocifi r Am airz. MMitinnn t ldpurwkm ii providtd irs the CUrAatLon tlaupwi of this dorum=t iu goud n 2.5. Spccac Plaza 03-067 Z. I 470 2.1.1 Planning Area Breakdown The Specific Plan 03-067 document breaks the plan area into six distinct sub areas: with corresponding `.site driven" development regulations and design ediesta. These Planning Areas are depicted in Exhibit shown below. Flanning Arens within the Specific Plan 03-D67 Community Planning Area 1 is characterized by the club facilities, supporting parking and circulation elements, and associated open space area. Planning Area I is defined by villa residenlial dwelling units of one and twn stories %nth associated pools and open space areas. Planning Area 111 is defined by various residential dwelIirig product types oFone and two stories with associated pools, spas and open space areas. Planning Area IV is defined by the golf and open space maintenance facilities. Plmming Area V is defined by the nrighbot-hood curnmercial site and its supporting parking and c:irculdtion elurnents. Planning Area V1 addresses golf course areas and the primary stormwater man7gemen# and relmdan zone of the plan area, QoU Ojt; & Rvu"tian Armul,ee AAu1t�FarndylteaidentiarUse - Rnktmitial Uw IIIII♦ CoU & Oprn 5pacr MalnWM&Mr _ Neighborhood Lbrnmaraal Col! Co nw 2.2 Specific Plan 03-a67 471 2.2 LAND USE 2.2.1 Land Use} General Plan Context The Specific Plan 03-067 amends the Original Specific Plan and implements the City of La Quints General PL-m by bring together detailed policies and regulations into a focused deyel- Opment p:an far the Specific Flan area. The Specific Plan OS-06? is a mgulaiory document which, when adopted by the City Ca=ff of La Quints, governs all facets of project developratnt includ- ing the distribution of haul uses, locn6on and sizing of supporting infrustxuctwe, as well as devel- opmm standards and regulrtbons for wes within the plan area_ Tte location and alignment of the land uses and zones depicted herein are diagrannvatic. The precise laynat within subsequent site developn=t permit applications for the resorl residential unit clusters, =ecrtWon z metuties and clubhouse and support facilities will determine the actual al.igmcnf and adjacency of each land use category. Thin Spccffic Plan is prepared m a lurk lsetween the La Quita General Plan and subsequent development proposals for individuals planning areas within the Specific Plan 03-067. Tiic Land Use Slerncnt of the La Quinla General Plea identifies and establishes the City's policy mlativ,� to the planned future pattern, intensity, density and relationships of land uses in the City as well as in the Specific Plau 03-067 plan area addressed herein. 'I'hc purpusc of the Land Use Elerrrent within the City's General Plan is to establish official City and plan area policy which: identifies the general types, locations and distribution of land uses 3esiwA in La Quin at buildour, Identifies standardq forland uses relative to population and building dcasity/imensity and the character and compatibility of land uses, ldenfifies desired courses of action} strategics which provide the means to implement the cummmrntty's land use policies while implemt„ating the Specific Plan_ The Specific Plan 03-067 establishes consistency wilk and implements the City's General Plan by: • Specifying the land uses in the play, area; • DelinedLE19 standards for land use compatibility with the City's policies; + Providing the framework for development in an orderly nncr, * Maki-ng consistent the General Plan Land Use and ironing Category for thw property and the City's GeRMI flan. $pccifac flan 03-067 2.3 472 2.2.2 Existing Ctneral Dian I Land Use The Cx-istinE ireneral PI arvLand Use for the plan arcs is Low Density Rcsidmtiai allowing 2-4 Dwelling Unifi5 per acre The aftted general plan snd corresponding vane classification for Medium and Low Dansiq Rcsidmtial - LDR allows for a variuty of housing tykes and supporfing land use within tic resi- dentW residential use. Golfuse is currently Wa%vO Residtatial Land Useg Low Density Residential — LDR Medium density Resideathd - MDR Open Space Recreation - OSR XWor Community lA acifity - MC Commercial Land Uses General Commercial - GC ? A. Spec4ic Plan 03-067 473 2.2.3 Proposed General Plan 1 Land Use The proposed Gomm] Plmr Land Use for the Man area pmviides for Low D= ty Residential land use allowing up to 4 Dwehing Units per am, as well as a site for a General Commercial use: GC The adopted General Plan classification for Low Density Residential - LDR a3laws for a variety of housing types and supporting land use within the low density residtwial residential rase, The adopted General Plan class:fieatiDn for General Commercial -GC allows for a limited range of neighhorhoad serving c=marcW uses, Proposed Gaud Use Low ]density Residential — LDR General Commercial - GC Open Space Recreation (Golf) - OSR Specific Flan 43-057 2.5 474 2.3.1 Erisling Zoning The corresponding zone clusicalion for residential, community facilitics, and golf course use allows far a variety of hnusing types and sWpurli_ng land use within Um plan area. Residentiml Load Um Low Density Residential - RL Niedi= Density R.esidenlieJ - RM if Caarse - Cris Major Community Facility - MC Commercial Land Uses Neighborhood Commercial - CN 2.6 Specific Plan D3-D67 475 2.3.2 Proposed Zoning The proposed Zoning for the plan area it aludea Low Density Residntial (RL) allowing up to 4 dwelhug uniU per acre and Neigbborhood Con=e76a.l (CN)- The corresponding cane class ficaticu for Low Density Residential - RL allows for a variety of housing types and supporting land use Mthin die lmv density residential use. ne, carmcsponding zone classification for Neighbor'hoad COMmffdal (CN) allows for a lirnit5d variety ofconutler- cial land use and suppml facilities within the NeiShbvrhood Commercial use. Zoning classirleations Low 17k-=ity Residential -- RL Neighhorhood CammerciW (CN) Golf Coarse - CC Specific Plan 03-067 2.7 476 2.4 THE LAND USE MASTER PLAN The Land Use ]Master Plan for the fifth arnendm=t to the, original Specific Plan reflects the dcv'elopment goal of providing a variety of residential units in a secluded setting of a championship golf course and other private and semi -private recareational amenities. The Sand Use Raster Plan graphically delineates the praposed uses located within each plamdng area of the overall amended Specific Plan, Dhe Master Plan includes complementary architecture in all product types and coon area buildings and club facilities as well as a hierarchy oflaridscape setbacks, pedestrian areas, and connecting circulation systems fnr pedestrians, bicycles and carts. Development mgulatluns for each planning area are presented in Section 3 —Zoning and Bevelopment Re dar ons. The Master Plan proposes 650 units in Planning Area IIan.d III distributed within a gross area of approximately 250 acres. Tliese buildings are mangrd in conflgumdons which may include dewhed units, tcwahvmc styled units arWor =&ec d flats of two, four, and six units each. Additionally, a 4.5 acre neighborhood commercial area is being planned in the Southeast corner of the intersection of Madison Street and Avenue 58. The balance of the property is planned to be golf and open space use for the benefit of residents and their guests. Planning Area Y is charactzrlmd by the club facilities, supporting parking circulation cleme ts, and associated open spare area. This faoility includes resident and guest serving recreation facilities and supporting uses for all residents and guests. Planning Area li is defined by Villa Residential dwelling units of one and two stories with associated pools and open space area. Them units are envisioned as attached and detached townherne "Caritas". Planning Area III is defined by various residwial dwelling product types of one and two stories with associated pools and spas and msuciatzd open space, areas. These units are envisioned as attached and detached single feasily units. Plarming Area rV is defuxed by the golf and opens space maintenaum facilities - Planning Area V is defined by the Neighborhood Commercial site and its supporting parking and circulation elements. This site is envisioned to be developed as a pedestrian scale neighborhood serving a commercial area Planning Area VI is defined by the golf course area and associated open space, also serving as the primary stormwater management and retention zone of the plan area. 2A Specific Plan 03 -067 477 .4.1 Land Use By Planning Area A detailed discussion of the proposed land use for the Specific Plan 03-067 and the resulting change in development intensity is presented for each of the six planning zones, The Existutg Land Use Table illustrates a tabWadon of existing land use, existing zoning, acreage and densities within each planning area, A range of land use categories are provided within the boundary of the Specific flan 03-067. These include land use for the Golf and open space wi thin the plan, various residential uses, a limited neighborhood servingc€ mmercisi use and supporting ancillary facilities for proposed land uses. The plan area is broken into six distinct planning areas. Development and Zoning criteria responding to the environment within each planning area is presented for each use area. The diagram below delineates the limits of each Planning Arm and their relationship to the amended Corot Mountain Plan boundary. . t . Cvtt Club & P=Mtkm Awe aw" ® laniti# vWly xssidWW Un 1tasl moal LNV Coal & Open 5psce mdntnti.m _ WShbWtood Comm wda! Coll Course 2.9 Specific Plm 03-067 Planning Area I Golf and Tennis Clubhouse Land Use PIarm ing Area I is the intended site for the Specific Plan 03-067 Club Facilities anid is located in the central portian of the easterly half of the master plait area. Primary access to the Club facilities is provided from the main project entry, point from Madison Street through a secure entry gate. Planning area I is approximately 10 acres and is delincEted herein. '1� •+i *-- Iu.bh` °c.1 Tee tis Club IGO FIGURE 2 Pedestrian and cart access throughout the plan is provided on surface streets and other open space paths to fwilitatc altcmativc modes of transportation to and from residential areas and other local offsite areas such as the Commercial element of the plan at the intersection of Madison and Avenue 58. Club Facilities will include golf acid tennis locker roaaE, meeting rooms, indoor and outdoor, restaurants, lounge areas, kitchen and food preparation and support facilities, as well as five to test tennis courts, swimming pool, sauna, and spa amenities. 110 Specific Plan 03-067 479 PLANNING AAA x TABLET PLANNING AREA [ — E iSTING LAND USE Existing Land Usc Deseriplian — Vacant Flat Terrain kiE,NLILA L PLANIL AND USE ZONE ACRL-S Uj+li'TS DENSITY OSR GC to VACANT SUBTOTALS 10 TABLE Z PLANNING AREA I — PROPOSED LAND USE Proposed Land Use Desmiption — Club Amenities 15uN RAL PL.ANILAND USE, Z0W _. ACM ITS OSR 0C 10 SUBTOTALS 10 Specific Plan 03-067 e Planning Area 11 ResidentiLI Land Use Planning Area 11 is adjacent to the club facilities sire with intemsl access to residential facilities fiom the club access road, residential uses configured as attached and detached single, duplex, U•iplex and fom-plex units are planned for the land area within Planning Area N. Unit count and distribution is described in the accompanying tables and graphics. Within Plaruling Arem II there ere 71 units ---proposed on 16 acres ofgencrally fia( terrain. 111is mix of residential buildings and ancillary recreation amenities results ut a not density of five dwelling units per acre. ia[ 2,12 Specific Pim 03-067 PLA-NNING AREA II TABLE 3 PLANNING AREA I — EXJ M NG LAND USE Exi Ong Land Use Descriplion — Vacant Flat Terrain OENFRAI. PLA N/LAIMD US Ts 70N ACRES 1T� DENSITY LDR RL.-- SUBTOTALS 16 TABLE 4 PLANMNG AREA 1.1-- PROPOSED LAND U-SE Residcntial Use 2.13 0ENERAL FLAWL-AND USE ZONE ACRE—S WITS F, LDR PIL 1(, BQ .SITBTOTALS 16 $o Specific Plan 03-067 om Planning Area M Residenfial "ad Use Land use in PlawiingVea IJI is dimbuted generally within the entire project si(e with immmI access to residenital units provided from a main pfojeci Loop road Both atsached and detacbc;d singe fan , units are planned for the land a= within Planning Area 111. [. " count and dlmgnbation is described in accompanying tables and graphics. 2.14 Specific Plan 03-067 PLANNING AREA III TABLES PLANNrNG AIRMA U1- EMSMG LAND USE Existing Land Lice Description - Vacant Flat Terrain LJOR Rl_ 250 — - SU NT0TALS 250 -- -- TABLE 6 PLANKING AR" M - PROPOSED LAND USIF Proposed Lead Use Description - Resldenhai Use, LDR RI- 250 650 2.6 SUBTOTALS 250 650 2.6 5peaifi c Tian 03.0 67 2.15 Manning Area IV Golf and Open S)�aee 11 21htenonee Fae f Ues Land uae in Pl=mWg Area IV is located on 3 mixes adjacenr to the intprsecdoa of MWjzm Street and Avenue 60 on the no& ag caomcr of the intersection. Acr•css to the site is pr'avided from Avenue bD as woU as from The internal plan. e/ �90?004" MWY O T. am A Site Davolopment Permit shall lye appEed for prior to development of the Golf MainWnnce 'way. 116 Specific Plan 03-067 PLANNING AREA ] V TABLE 7 PLANMNG AREA FV • MUSTING 1.. ND USE Existing Land Use Description - Vacant Flat "Terrain f..DR RL 3 VACANT 51; BTOTAL$ 3 t\ TABLE S PLANNING AREA IV - PRGFGSED LAND USE Proposed Land Use Description - Golf Maintemnee Facilities {s CGC 3 0 SL1B`ITOTALLS 3 a Spe-cific Plan 03-067 2.17 M. Planning Ares V Na*hhorhood Commercial Land Use Planning Area V is located at the Southeast corner of the intersection of Madison Street and Avenue 58 and is planned to be accessed from either arterial roadway adjacent to the site. Pedestrian and cart access from the internal area is also planned to facilitate alternative modes of transportation to and from the site. A. lir Planning Area V has a total of 4.5 acres of Neighborhood Commercial development with access from Madison Street and/or the south side of Avenue 58. Planning Area V encompasses 4.5 acres and is described in accompanying tables and graphics. ZIS Specific Plan 03-067 Om FLANNTNG AREA TABLE 9 PLAMING AREA V • EMTfNG LAND USIE Pxisting lid Use Description - Vacant FIaL Terrain GC CN 4.5 VACANT SURTOTAL•S 4.5 TABLE 10 PL.AWNG AREA %' - PROPOSED LAND USC Proposed [,and Use Description - Neighborhood Scruing C'ammercial GC CN 4.5 SUBTOTALS 4.5 0 Specific Plan 03-057 2.19 Planning Area NU Residential (aapportin Und Use - Go If Course t Open Space Planning Area VI is distributed generally throughout the PIari Area and represents the majority of the project site acreage, The 18-hole ch mpionsbip golfcourse will occupy approximately 295 acres• wbich is approximately 50% ofthe Specific Plan area, Inaddidojituftftctionasa recreational facility, the gaff course component will also provide a significznt visual amenity within the Specific Plan area with the vast majority ofideniial units having frontage on and/or views of the golf cause. , The conceptual layout for the golf course is .shown on the MEister Plan Exhibit. Distributiun of this land use is descried in accompanying tables and grnplucs_ Asn Employm parking lot is sited in the aoftbmt corner of the project adjacent to Avenue J 8 allowing employ_ ee aocess to the, site via ialznu] cirulation paths_ 210 Speoifio Plan 03-067 I����I�I E►Cl���� 3T;�1� TABLE L[ PL&NNWG AREA TV - EX19YI NG LAND USE Existing laid Use Dcsoripbion - Vacanl Flat Terrain OSR GC 295 VACANT SUBTOTALS ' 295 �S�ih Cf F3 •f A. ABLE 12 PLANI`IING AREA IV - PROPOSED LAND USE Proposed Land Use Description OSR GC 295 0 SUBTOTALS 295295 D� $pacific Plan D3.467 Zz1 1 SUMMARY TOTALS TABLE 33 EXISTING LAND USE GENERAL PLANILA►ND USE ZONE ACRES UNITS GROSS DENSITY LDR RL 550 650 1.2 D.U.'sIAC SUBTOTALS AL-K TABLE 14 PROPOSED LAND USE GENERAL PL.ANILAND USE ZDNE ACRES UNITS NET I?>"NSJW LDR RL 250 650 2.6 D.U.'sIAC NC CN 4.5 -- -- G GC 295 - 4- SUBTOTALS 550 650 2.6 D.U.IVAC 2.22 Specific Plan 03-067 491 2.5 CIRCULATION PLAN The proposed circulations system for the SpecifFe flan 03-067 addresses the requirerne= of the City of La Quinta General plan Circulation Flement by providing a hierarchy of vehivulrsr traffic ways with pedestdan paths within the plan area. The Circulation Plan for the Specific Plan 03-067 utilizes existing circulation elerr nt roadways adjacent to and internal to the pmjcct area ( adilson Street) to provide primary access to the Specifsc plan Berea. These roadways include Avenue 60, Avenue 59, Avenue 62, Monroe Street and Madison Street. The intemal circulation system of the amended plant for Coral Mountain will consist of a series of loop roads providing access to the individual residential and recvmbanal components within Ehc Specific Plan area. Cul-dv,�sac neigbhorhood Weetskrives will utilize the internal loop spines in assuring a `private neighborhood feel". It is anticipated that the intemal loop collector system will consist of private streets. The proposed circulation plan for the Specific Plant 03-067 is illustrated below avid vAlt ct". Iit. of itnpmement of roadways surrounding the Specific F Lin area, including Avenue 58 to the north, Avenue 60 to the south and Monroe to the east. The Specific Plan area's Western boundary is Madison Street, which, pursuant to the standards set forth in Specific Plan 218 approved in Riverside County, has been improved as a 110' right of way. Similarly, Avenue 60 has been constructed as a street, including full median construction, as a 100' right of way. Except for the tie-in to Madison Street, it is anticipated that both Monroe Street and Avenue 58 will be constructed in accordance with the City of La Quinta General Plan Circulation Element Standards in conjunction with the development of an internal loop road system to serve development within the project. The proposed Circulation Plant for the Specific Plan 03-067 is illustrated below and will consist of impmvemcnt of the roadways surrounding the S pecific Plan arcs to General Plan Circulation l ler=pt Slnndards and development of an infernal loop Toad system to serve devulopment witbtin the project. rr iL tighbarhwd Drives Csr?Cari Tuuncl Primary Entry Secondary Ealry Srrvice Entry Exhibit 5 Specific Plan 03-067 . r am r ON 40 % r♦ ti7 1 1 1 Z23 492 Individual cluster access dtive:s are proposed with generous setbacks from the arrfvai boulevard and interior loop road to provide safe ingress and egress from in&viditsI residences_ Within the Specific Plan area, She cinidation system has been designed to accomplish the fol- lowing: • provide for €nterual privatt roadways that respond to the proposed develflpment Corridors while providing a safe route for project ingress and egress; - Provide for a private street with access to Madison Street, and to facilitate the interm a netwok ofpimmd privam roadways to adequalcly serve residential areas and WK-i amef"es. 2.24 Sperm Playa 03-067 493 2. J Offilite Improvements y The offs le public streets surround ng the. project arc currently developed in accordance with La Quinta City Eugittceaing nod Public Works Department standards and will he constructed inerernentally in accofdnoe with the applicable Oenexal Plan designations, City-wide amass transit systems amd stops are acccssibfe along perimeter public thorotrglr fares. Perimeter landscape improvements shall he iusplamented along the project froatage, • The of site trails s3rstem is consistent with the La Quinta General flan mdtipuraose and Bridal Trails plan to #Law safe tress to the trail bead and staging area currently olrerational at the westerly terminuz o1 Avenue M atLake Cahuuila. 2..5.2 Onsite Improvements The followaig miligatiuri measures are recommended to reduce patentatl circulation impacts associated xzth the proposed project and droll be implemented in a phased manner in coajumct on with adjacent plauniRg areas] requiring roadway improvements, Bits stops will be provided on Avenue 58 in the vicinity of the project service slain+ and along Avenue 60 in the vicinity of the M1a:mtma= Building employee entry. • All intemsl, dfyidcd roads will have a mimmum pavement width of 20 ftt (divided roads) par twit to accommodate winymum design criteria for fire aquipnitnt across_ All other roads shall have a mirdmum pavement of 28 het �intemal streets and drivcs). •Each subdivision shall comply with the on -site anal off -site streat irnprovernent rec au=dations and mitigation measures as required by the City Eagincer. • .All sections shall bt approved by the City of La Quinta TmsportatOn Dep nment • All access points shall cons orm to appropri street classification per City sUMuds for access spat%ng. CommeTcial uses shall be per the Crencral Flan_ Neighborhood commercial uses must b4 located along secondary or greater highways, or usar interscutions with smundary highways. • The off Ae trails syexrn is consistent with the lea Quints General Plan multipurpose and Bridal hails plan to allow safe access to the trail head and staging area currently operational at the wcstcrly tenninus of Avenue 58 at hake Calttrilla, Specific Plan 03-M7 2.29 • Any landscaping within pnblic road rights -of -way will rewire approval by the Commmity DevelopmcAt Department and assamoe of couinuing maintenance through the establishment of a landscape maiutenance d1stricf or sunilar znechwa sm as approvcci by the City, 4 No textured pavemcmt a.ecents will be allowed within O ty right-of-ways. Image Coriridm� Standards for the SpacMc Plnik Area Development acjacent to the City of La Quints Ceneral Planned b»age Cca- idars locsted cm lV cnme Street, Avenue 60, Madison Strect and Avenue 58 shall be restricted to a height. Emitaiiora of 22' f om pad grade within a setback distance of 150' fi-om the Right -of -Way. Reu and side yard setbacks for lots sdjaccnt to floe ,Image Corridors shall be expanded to a minimum of.25' per 1-a Quinta Municipal Zoning Cade Section 9.50.020. 2.26 Speeifv Plan 03-067 495 .6 IYLASTER PLAN SUPPORTYNG ELEAMNTS Open Space, Recreation, and Infrastructure Plans and Concepts Wiiltin the Specific Plan 03.067, the Open Space, recreation and lnfrastrur. u e Plata ridendfies and establishes the plan policy relative tG t% manageanent Of Open spflce and recreation arnem- ties within the plan area boundary as well as delineates inftasl ture supporting the plan area. The pwWse of this plan is to establish development policies and a philosophy wilier identifies rmources and facility sites in the plan a., which} shah be managed to prevent waste, demictim, or abuse of astral or man made amities or resources. PROJECT SIETTMG The 550 acre projent a3ea is within the City of La Quinta, a 51 squsre mile municipAlity 3ocA cd in the southwestern portion of the Coachella Valley, The 0% which was incorporated in 1982, 1s hounded on the west by the City ofladian Wells, on the east by the City of Indio and Riverside Comity, on the north by Riverside County, and Federal aad County lauds to the south. The fifth amendment to the Specific Plan project site is generally defined by Avenue 58 along the Northerly boundary, Monroe Street to the East, Avenue 60 to the South, and Madison Street to the West. 2.6.1 Open Space and Recreation The Specific Plan 03-067 Master plan utilizes open slake and racreation as a fwdamonlai concept for the dmelopm=t Extensive rcermtionai amenities have been incorporated into the design of the pto}ect to serve future residents. The primary rwrwdonal r flmponent. of the development will by an 18-hole ahampiioaship golf course . In addition to its i' mxioa as a reermtional facili- ty, the golf course cormporkent will Wsa provide a visual amanidy within the Spec Plan area with a significant number a£ residential units having frontage on an Nor views of the golf coarse . hitrdlividual develop=nts ;vithim the SpecifioPlan area may have additional recreational amenities including tennis Md swimming facilities to augment thr ration bake of the commt6ty. The conmptual. layout for the golf course and private club facilities are iltustrated an the mwtet plan graphic. 5peeiiic flair 03-067 2,27 2.61 Infrastructure and Utilities Plan The ir,�"ctue system planned to serve the Specific PIan 03-067 project described below will be designed to provide a coordiunted syst= of iafrastruclure and public services to adequately serve the plan area at M buildout. Standards for infrastructure wW public services relative to land use intensity envisicued for the plan area will be served by the folloving utilities; • Sewer - Coachella Valley Water District (CVWD) • Water - Coachella Valley WhwDistrict �CVWD) Flectricity -Imperial irrigation District (E D) • Gas - Sowhem Califoniia Gas Company 2.6.3 Water rind Sever Plan The intent of dw 5peeific Plaaa 03-067 is to utilibe existing water and sewer facilities where pos- sible, and to provide additional or upgraded facilities as necessary. Water and sewer service for the Specific MLn area is provided by the Coachella Valley Wo-ter District (CVV4WT Tile CVwr) provides domestic water from welt. Agricultural waWr used for imgal7on is a aurfacn watr scarce. Am underground hTigat oa distribution system providing wwter to the valley, traverses the wostern portion of tbo Specific Flan 03-067 property from tho northwest to the southwest. The Specific Plan 03-067 w1J1 conform to the requiremems of the CVWD's current and future pro- grams and requircauxts pertaining to water nlanagement and consmation, Sewer Service The Speci£i c Plan area would be sm7ved by a series of standard sewer lines and laterals linking tD existing 18" force mains located in Avenue 60 and Madison Street Primping facilities would be located as accessary within the Spwifiic Flan area to tmnspurt sewage to the existing made lines. The CVWD ltas indir lL-d its ability to provide sewer service to the 5pecit~ic Plan area. Domestic Water Service Domestic water would be distributed to individual midential units by standard water linos to be located within road rights -of --way. New water lines would need to be installed in conjunction with road improvcmtnfs to serve the pro"cd Spec&o P14n 03-067 development. The developer wilI be required to construct domestic water lines, transmission mains and reservoir sites to accommodate the water demands for this project. CVWD requires a well site for each 70 acres of developed land. The final number and location of such well sites will be subject to CVWD approval. 2.29 Specific Plan 03-067 497 Irrigation Water The sources for irhgaticn water for the golf course and othor lan&cape features within the Specific Plan area will bn provided by reclaimed nr canal water Tiest waters will be stored in lakes sod ponds located throughout the golf Coarse . Tht existing kmdergrouad irrigation distri- bution system traversing the Specific flan area is not anticipated to be disturbed in conjunction with Specific Plan implrmmtation. The golf course havc been routed over this irrigation line to ensure that no residential units would be constructed on top of the Undu round line. Crradiug of the golf course will be coordinated with CVWD in relation to the dignment of the existing or relocated lines. CV9WD reserves the right to review and approve any activity occurriug within any existing irrigation right -of way within the Specific Plan areea- 2.6.4 Electricity All overhead pubiie Why nzwnission lines far cable television, electricity and telephone are rooted or caurcntly scheduled for installation in the vicinty of the perimeter of the Specffic flan site. 'i'lte developer vAIl be required by lE) to install to Disuict smndards. All pmma=m power and tclecommunica#iowq distn-bution lints internal to il-= project, will he required to install chose facilities underground per the District guidelines whem posFible. 2-6.5 Na#ut-al Gas All natural gas ttmwmiission facilities ate muted or currently scheduled for insWlatioi) in the vicinity of the perimeter of the Specific Plan site. The- developer will be required by Southern California Gas Company (the Gas Company) to install to the Gas Company stwdw'ds. All per- manent distributiun lines icterml to the project will be installed pertfie District guidelines, 2.6.6 Telephone land -based telephone services are provided by GeneraL Telephone Company in the project area and will wxiend lium to the site as needed. Local cellular service is provided for that area. 2..7 Refuse Collection Refuse collecticxn within the City limits is provided by an entity feanclused by the City of La Quint aand occws in accordance with u schedule eAabliSbcd by the franchisee and the City. It is envisioned that unit areas of the plan will be served by extension of the contract: refuse collection services ovuently in place with th.e City. Prior to regularly scheduled pickup AM removal, refuse will be contained in a maintained surface bin environment to ensure recycling of waste materials as appropriate and required . Specific Plan 01-067 129 16.5 School Service School service in the vicinity of the Speck Plan area is provid by the, C cadhella ;Talley Unified School District {CVUSD). It is not anticipated that sigaiflmt €tumbcrs of students will be Senerated by the Specific Plan due to the anticipated family characteristics of polentaal ptu- cLmers of residential units. The applicant will cantrihum school fees in accordaoce with the requirements of the CVUSD. 2.6.9 Law Enforcement In general, police protect en for the Spcoific Plan Brea will be provided by the County of Riverside Sheriffs Depart=nL Pnlice protection provi&d'hy the Sharift Departrmnt will be augmented by security facilities to be irkr p ted into tite Speeiric Plan. In goneral, it is antici- pated that the entire Specific Plan area will be €r gate- carded community with its own private security farce. Pximxy and secondary entrances to these rosidcalial devoJopmcnt areas will be protec#ind by either a guard -gated entry or by card -gated entry. The presence of sueb security will reduce the dependence of thL2 developmaut on complete protection by tote riverside County Sheriffs Department and other City of La Quinta security personnel. In addition, it is anticipated that many of the residences within the Specific Plan area will have their own individual privide security systems. This pattern bas beery typical of other similar dcvelopmcir[s by the developer. 2.6.10 Fire Pratectian Fira protection within the specific plan area will be provided by the riverside Cady Fire Department, W conjunction with their FGA WeAdevelopniont, the developer constructed a new fire station on the FGA, West property at X%diaont Sheet and Avenue: 54 (the "PCA Station'}. It is anticipated that fire protection service to the specific plan area will be pmidcd from the PGA Station. 54,2 acres of the 997 acre plan are& was originally entitled for 2,199 developable units. Sinoo originally approved, development of both the POA West development and the Coral Mountain spcci.fic plan areas have experienced a sign f' scant reduction in overalll prvj t densities. As a result, tiro PGA Station should be more than sufficient to service the ro#remr..n#s of this plan area. 2.6.11 Library Facilities The City is served by a public library which is admi istcred by the Riverside County Library System located within 6 miles of the proj cot bowukry. 2,30 Sptciftc Plan 03-067 ,.. 2,7 GENERAL DESIGN GUIDELTNES & STANDARDS This section provides design guidelines and standards that apply to the Specific Plan 03-067 Amendment V. The general guidelines presented herein are an extension of the approved "Original Specific Plan" Design Guidelines and in many cases paraphrase the prior approval document where applicable. 1ldany ofthe guidelines and sbmdaMs, though applicable throughout due project, only apply in cer- tain situations or in conJunction with certain uses armor building types. Thom guidelines that have, no specific call -out or geographic reforeae point can be assumed be, apply ut�farmly throughout the project site It should by noted that tl m design guidelines and standards do not repta ar reduce applicable subdivision xequ nanents of the City of La Quints amd/or as wadi, iced by the adopted Original Specific Plan. The :fallowing major topic areas are inc rporae d W Ws section: The Overall Comrrwr�ty Themes, Commercial and Ancillary Hetild'ings and Sites. Club Fatilites, Residential Buildings, and Orading Guidelines and Sumderds_ Specific Plan 03-067 Community Theme 'Elie Speoiiic Plan 03-0671vtaswr Plan will rely on the Rancho La Quints project as a baseline for arehitcctumsl and bmdscape architecture_i standards. Thcsc design guidelines will assist the devel- opm of 'lie Specific Aan 03-067 project to execute a built environment that incorporates the fol- Ikiwi ng main concepts: • Dewlap a community that is visually attratUvc and capti= the egser= of the surramdiags, Incorporate a variety of open space and recreation! uses (active and passive). Design a planttad commtmity that comglemeats existing develapmeat in the mounding Area and is campatible with the surrounding eavironment. Establish &usitie8 that are consistent with devciDpmeat patterns of surrounding areas. • locvgniae the unique stature ofConal Mountain as a Nmmunity wift a u=unity that Mftts the living and retreat€oral needs cf future residents of the City of La Quint% • Develop a high quality golf course to create a strong community identity and long- term value. The design guidelines contained in this subsection arc inum&-d to establish a consistent design apprnach among site plamiing. engineering, arohit:cc a=, and lar&mpe wehitecturaE componeras while allowutg fteaiJity in design over the build -out of the community. Specific Ptan 03-067 2.31 500 The design guidelines for Specific Plan 03-067 are iTrtendtd to: Assist in implen=ting the design intent of the Specific Plan by cstLbhshing project design compatibility among different residential densities and landvses; • Provide a consistent approach to site plzn ing and the design of buildings, struts, sigmage, walls and fences, lighting, landscaping, and other design elements that will endure for ft life Vf the COMMUT)lty, The guidelines provided herein suggest themes compatible with Spanish Colonial "character" but are nGt intended to lfrnit expressions of varyiug areEtactusal styles. The design guidelines pro- sented hucin cstahlish the framework to achieve harmony and compatibility between residential uoighborhaads while still prov-Wing flvdbility that Allows for a vsziety of architectural expression and inkTretation. Examples of the design theme are Illustrated throughout this document. These examples are meant to convey genera] design conceptn and are not intended to lirnit the range of expression among individual builders and their profeasionai design tearrms, The Odelincs are provided for the benefit of merchant builders. thou plwwersl designers, and City of La Quinta staff and duision-makin bodits iri the review of futrre Specific Plan 03-067 site development proposals. As such, the design guidelines identify elem dais for all residential and other land uqe proposals within the Specific PIan 03-067 area. Tiime guidelines may bG incorporated into subsequent site development pe.mLm conditional use Permits, and subdivision maps submitted to the City for approval unless it is demonstrated that certain guidelines are nat applicable, apgrapdate, or feasible under site -specific circumstances. 2.32 Specific Plan 03-067 501 • A =ge of pied color tones sWI be used throughout the development within Specific Plea 09-067. Materiab in ComrnereW ArehiteeMn Roof materials sl 41 include WAY barrel title, flat concrete tile, and concreW shakes. The color of roofs shall providc a range of dcep earth tones. The color of roof matwiaxs sUl be varied to reflect ftie existing surrounding architectural theme. All rwfing materiel shall he fare retardant 2." The predomiitwt exterior building material slaaU be smooth finish afinm in long with the Specific Plan 03-067 asc#i wftural vmmacular. Y Wood, the and wrought iron shAl be appropDat* iiaGorpoyatod as accent Materials and bw consistent vAth the arclaitedural style. Specific Plan 03-067 502 Commereiat Area Site Planning Appropriate site planning guidelines as discussed below shall be used to amure- F nctiomil and aesthetic developmen! within Specific Plan 03-067s Neighborhoad Commercial center. The guidohnes are intended to he 13exihie Pad not 0 guidelines are applicable in all situ Lions. Ramanable application of guidelines in order to achieve a high quality a sistemy in design theme within the adjacent architectuTal context will he necessary, - zr��Lrtd-x�;�f{,' • F. �� • "'� ' `�'1 • S :ern O'+, AO.P K a�}, ��.paarxst�� ���r--•+--+°'3a� �_-�•-`a+��'^x�•'t.�z'a�' 'i f! li , � jj • , `,A �� era .�`.=.�—Y�*�"�•-'. y.�a l/fix! { r dq 77 L R= r Site planning parameters shall conform to Iho criteria set fourth. • Flcxibil-iYy in interpretaftail is to be implamented in site design to achieve individual expression, Suildiiag Massing and Seale lire Commercial Architecture Flea character of the cDmmmial development areas shell reflect a neighborhood scale sn that building massing does not ovcr he: x the street scene. The site shall be, wherever possible, low rise in nature to create a pleasant pedestrian scale environment, Specific Plan 03-067 2.35 503 21.36 Building %ull planes, particularly on the front elevation, shall he offset to creme interest along the street. to provide a desirable pedestrian scale, znJ avoid visual monotony. Single story plate lines are encouraged on the front elovatiotL Second -story wa1J planes shall be offset to effectively brew up the building umss and reduce the perceived building scale as viewed from the street; i6 f Single -story plate lines with se -wad -story wa& setbacks are eneaumgad tea side and rear elevations. Side elevations shall provide the sane levrl of artictil ation and detail as the front elevations Articulated roofscves shall be czeated through Lire use of a variety of roof forms, Repetitious garde ends along front and rear alcvatioaa shall be r idmi cl_ Speck Plan D3-067 504 2.73 Tho Specific hoof 03-067 Calf and Caunta-y Club Facilities A Clubhmse caruplex at the ormwT of the Specific Plan 03.067 master plan M function as dte socia) center- and focal point of the comrmmity. This complex is comprjmA of + A cl Abcuse providing dining, launc and social activity facilities club, and sport favility pro sbops, lo£kcr rooms, lounges and golf cart stomMc for its championship golf course and supparting circuls[ion fm6litics foraperati0ns of those facilities, + C iraularion facilities for golf and clubhouse op Lions A Seim and'1'ems Club featumE a pro shop, locker romm and a restaumntflaurge area is er Asianed for Specific Plan 03-067. The SvAm and Tennis Club is sited 1�dth n $ Gm -den, setdrig overinoldng the courts, pools, and spas. * A Spa of approximately 6,000 SF writaLiag several treatment roams, a steam room, a salon, and retail is euviv.mod for Specific Plan 03-067. r .� pff Club IWO61ity Site PU�waing Guidelines Tho si-a design and plauaing of the Specifr, flan 03.047 club facility areas such as U Csvlf and Tennis Club will Lnwrprate elements that respond to the desert climate imthe sonic tualwer as the residential compone= ol: the plan. Elements inoWde generous patios. spacious courtyards arcades, plazas, and paseos_ Otber plauning guidelines for commercial, golf and cotttttry club facilittes are listed below Specific'Plan 03-W7 Z.1 505 le Main bcilding5 shall be- whexever possible, site in landmmk locations and be easily accessible and convenient. Servix areas shati be, wherever possible, sited in low -visibility areas and Wwivcly screened by utilizing building elements arid/or landscaping - Pedestrian access routes between adjacent uses shall be, wherever possible, incorporw'd into the site dea19D, Pedestrian spaces shall be, wherever passible, provided by creating plazas, courtyards, and promenades chat Sink u�t areas_ Parking shall he, %vhcrcver possible, orient:d to permit pedestrian flow to club facilities. • ftdestriali Courts al-e encouraged, especially to accent open area access points nr primary vehicular entrtas and drop-offs. The use of landscape areas and green space to separate customer traffic from con-anercial and service traffic is encouraged. Shared use of service areas, parking• access, etc_, shall he integrated into the design wherever possible. 2•38 SpecifiD Plan 03-067 506 Roof equipment shall be, and *eeturally screened where feasible. Pedestrian uccess to adjacent uses shall be provided where feasible. Club Facility Design Criteria Nall Vanes, Windows, and Doom Enfries The use of wood frame windows scaled to the intpdor space is encouragers Frames skull be, whcrevex possible, painted or appropriately colored to match the club facility, IE 'l-he'use of woad trim is enmum eed on all elevations visible fi'wn a p6vatc or quasi -public spas. 'Ibrn shall be cornpa6ble with the buOdi ng's architecture and color. The style of win dowa shall be compatible wtth the ambitectumi style of the building. The use ot'tuany different window styles and or shapeson oae building plane shall be avoided. The size and prapOW6011 Dfpa=r shalI bo in scale to the overall wall plane. Aecetxt windows that have it dif6fcrent or articulated shape or utilize multi -panes shall be used to create interest on Wlding elevadow as long as they are consistent with the style of the buddinv. f The club entry shall be a focal PDW of the building's frflnt elevation through the appropriatz use of massing, building offsets, vwiod roof alenints, columns, porticos, recesses or projections, accent windows or other, arehitectural features. Spwii'ic Plan B-067 �39 507 r r LN � 4 Y (• 1 Porches, Balconies, and lai]ings Porches sluArl he incorporated to the greatest extent passible_ Porches and balconies function as an ex -tension of interior spaces to provide visual interest, shadow, texture and shade. Second story balconies are eawuraged to provide visual mtemsl. Porches and balconies shall be designed as an integral component of the hallr 4's arcWtwtum and style, and Shall not appear es a poorly conceived add -on elment. The design of porch aud balcony railings si'udl complt me-nt the bidIding's at hitec, t'um and style. Columns Colwnw used as a shu atirg or aesthdic design element shall convey a solid urtd durable image, and shall be cons isles with the architmtural style of the club facility building. 2.40 3pecMG Plan 03-067 M• Columns may he used as free-oUwding form, or as supports for roofs and balconies, chlnmeys • Chinmeys, particularly chinmey caps, shall be simple in design, so as not to distzact !%m the buMing, • The design of chimneys shall be cnmpalible with the arrbiteatural style of the building. Exposed meW flues are not permitted, aI Exterior Stairs Exterior stairways shall be simple bald elemenis which complemni the aroWtectu ral massing and form of the build ft- Archways The use of axhways shall be Compatible with the airchitect=i style of the building, and designed as acomplemw#ary component of the building or adjacent courtyard, Specific Plan 03-067 2.111 509 S• ' �� "4 r� rl'r^�w"r3 �� �� � R i When used, archways shall def ie or wffinmc space, such as entries, perticm, pstias, coustyards, and pwkiing elements. Walls mad ]reuses • Wslls and fps which sore visible from streets, open space, or other private or quasi -public areas, shall be wmpatible in material, color, and design with adjacent andfor existing ambitectrarat, elements. Building Deb (is r All mechanical equipment shall be somned from view by walls or fences that are compatible with the building arehitccturer or by adequately sib plarst material. • Alt utility meters are to be integrated into the architect= aed scremed fr m view. The materials, colors, and fanms of garage stzvtyres shall be consistent Mth the architectvsaI style of the club faciLly neighborhood in which ilsey are located. • Building designs that incorporate trellises and other shade structures are encouraged. 2.42 Accessary struct=s shall be desigu•ed to be consistent with the ard-dterh= of file adjacent club facility buildings. Specific Flan 03-067 510 Ciub Facility Site Planning Criteria Club facility areas are tv maintain a pedrian friendly environment through the use of appro pri ate] y proportioned architectural and landscape elements. Street fumishings that add to the festive and pedestrian atmosphere surrounding the club shall be encouraged. + Group f onions and uses are encouraged at plaza spaces mid re-creation amenities to promote a lively pedestrian cnviToninent, + Arcades provide a pedestrian scale to Buildings and pleasant shade cover, particularly when used on scurh and west facades. • Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian environment. + Lighting fixtures shall be small in scale and consiste;il with the character and use of exterior areas. Appropriately spaced beaches and seating areas arc w be provided for pedestrian comfort. + Flags or hanncrs shall be made of durable cloth material and flown from vertical free- standing poles or incorporated into the design of street lighting and bui]ding architecture through the use ofcantilevered poles. Club F&614 Parking Parking (on -street and aff strut) small be dasignod to min irnize the visual impact of parking areas. 2.43 Specific Plan 03-067 511 Off strorn sur€'aoe parking shall be screened from view through the use of plant material or law walls flat are consistent with the architeawal style_ F *L *r fig #• �T} ( rt Tcaruils Club 40 L.aedseape treatments shall be used at surface parking areas to provide shade and mini- MI=the Visihility of parking areas. Par>ring areas Shall provide clearly defined pedestrian circitlation. Trash enclosures, loading docks, rubbish bins, transformers, satellite anceunas, processing equipme,a� and any other unsigbily apparatuses ranst lac screened from view through the use oflandscape or architectural elements that are compatible with the buIId1ng architec- tu.re in material, color and design Club Faell ity MUSIag and Scitle O$'sct wall planes shall be used as as integral part of the building dtsign to provide visual artic, elation. . BuiIding off•.set_s shall be used to indicate building entries and pedestrian nodes. Offis L or an.glcd building comers shall be used to provide subtle arLcula'ion- The Clubhouse building massing shall cmtsist of a mix of building heights along with the use of focal vertical elements. • Projections, nverliangs and recesses shall be uscd to provide shadow. articulation, and scale to building elevations. 5p=ifiC Plan 03-067 512 Stepping hack of bui)ding elevations is encouraged Lo provide second story terraces and visual articulation, The club facility areas shall treaie a distincOve roofscape tLierne by aWixing a variety of roof forms. Building design shall inwrWrate elements thai respond to the desert climate of La Quittite through the use of courtyards, paseos, arcades and extended roof averhiyn.gs. Materiats and Colora At the Chi FA A range of muted Mot tones shall be used throughout the elub fkaty areas at Specific Flag 03-067. Is Specific Flan 03-067 I 2-AA 513 • The extensive use of bright vibrant colars is discnoraged except on l imited accent and/or focal elements. The color of roofs should poovide a range of tones compatibie with regional Spaniel^ #radi.tions. All roofing material sUl be fire retardant. WA Residential Site Planning Guidelines The climate in La Quinta is characterized by sunny and hot vmather in the summer and relatively mild winters that £entire excellent air clarity. The design of residences shalt incorporate ele=ts which respond to these conditions, such as pa# os, courtyards, arcades. plazas, and passageways. In additiop, ex -tended roof avahangs shall be used to provide, shade. Dlher residential site consid- erations inclade the following nel placement of structures sbouJd comider prevalent eaviroumcutai COnds#ons istcltiding sun oric aticrr, provailing winds and desirod views. Orientalian of residential development edges should maximize view potential and access to nature.] open area. and recreation areas. Open space `°imgcrs" should extend intrk resii� dential areas where possible. • Varying house configurations -on corner lots is ertcuuraged to promote variety in the areet set -me and preserve sigh -dines of drivers at frsterseetioos_ 74A6 A combination of silo -entering and ftmt entering garages and varied driveway (locations are encouraged to breakup repetitive curb cuts and yard pattermzs. Cut-de-sam are encouraged to improve neighborhood safety and character. Specific Plan 03-067 514 Guest parking sboll be, wherever passible, located to provide ease access to waits. • Four-way intersections witiun individual noighborhoocN = discmraged. • Neighhorhoods bordering open areas shall be, wherever passible, sited to maximize views of the $pecst"ic Plan 03-067 course amenities, while discouraging through access, • recreation are&greenbelt features shall be, wherever passible, visible upon entry to neighborhoods to enhance neigbborhood value. • bufividual multi -tastily buildings shali be, wherever passible, separatod sufficiently to provide a green spacc image and accommodate walks and ctUr circulation elements. A. ResidentialArchitecuralDesign Criteria WELI PiaaC.S* WITLduwv, Afld Un4r6 • T"he use of desert heat withstanding windows is encouraged. If aiurninum or vinyl fxatne windows are used,, the frames must be painted or appropriately colored to complcmonttht building and/or film inateria]. Specific Plan 03.067 2A7 515 The use of multipane windows is encouraged for front elevations which am visible from ether private or quasi -public spaces. 'Trim may be painted to complement the building amhitecture anti calar. The style of windows shall he compatible with the architectural style of the building. The use of many dift` mot stylcs of windows on one building plane shall be avoided. The size and proportion of paces shall correWnd to *e overall proporUonuing of the ek-vati.on- Accent windows that have a &ffemnt or articulated shape or utilize muw-panes sbalt be used as aui accent eiemew to create interest on building elevations. Windows are to be cowi�-tent with the regional Spanish style. Eutri�s The entry of residential dwelling units shall be a€ticulated as a forml point ofthe building's front elevation thmugh the approp;-irtie use of roof elements, oDIUMns, porticos, recesses or projections, windows or other enchitectural features. Suffacient stacking distances at project enttics squall bc, wherever possible, provided. )?orct,es, tlalcoulo, Rod RaiLinga Front porches shall be designed, where feasible, as an integral part of buldings to prvvidu vis" interest, as well as to promote social inwction a lopg Gammunity residents by providing outdoor Jiving spa= wienird to the front of the dwelling unit: • Fncorporttte porches nett baloonks to fatotion as extensions of interior spaces, to provide shaded outdoor livitig spaces. 2.48 Specific Mart 03-067 516 n _ •kS4-. a�yMyr •r' 7-1 ti Porches aTid ballconics shall be designas an integral compoisent of the bitild-ing xid rot as a poorly conceived add -on element, • The design of porch and balcony r3Angs shOl wraplement the building's architc tire and style. Sccond story balconies are encouraged to provide visual Interest. Colmmna • Colum s used w a structural ar aesthetic design elemem shs.11 convey a solid and durable image, and shall be consistent with the architectural style of the building. Col,=as .may be used as a free-standing fart° or as support far roofs and balconies- Cb im neys • Chirn qs, particularly chmmey caps, shall lm-. simple in designs so as not to distract from *e building, 4 • The design of chimmys siaall be coompadble with the architectural style of the building. Exposed rneW fl= are not permitted. Specific Plan 037 2.49 517 WQ] Pi(rj*r WI CAP 4P 10P'A P.G- WAHr 5iuFe6 rihiA ---�w- CHU WL[d W1Ra-yNofof NoreAr C-P, WAYr map* Fit'�A SOLID LOW WALL Building Det2ils • All rr=har3ical t-quipment shall Lie screened fwm view by wails or fences compatible with the buAding architecture, orby plan# material adequaEe in size to provide ,roper screerrinp. The rrmatcrials, colors, and form of carport structures shull be corusistent with the architcttaal style of the neighborhoods in which they are located. • Aoressory structures shall be consistentwith the archit #oral style of the adja=nt buildings. • All flashing, sheet rnetaL and vents shall be, wherever possible, painted of screened frartn view in a manner which is compatible with the building ambitermm. Common Space Elements All residential areas shall have fuiEy enclosed trash enclosures, which are compatible in rnatcrial, color and design with the building eroEdlcctare. • Support facilities such as recmation buddingb, permanent leasing offices, snail stations, eta., shsll be designed in the same Arrhitoc#u ml style, and to the sam level of detwl and artkulation, as titu main buildings they support. B. Residential Site Planning Criteria Simple -Family Detsched The following concept shall be incorporated into the design of single.-I!`am!ly detached neighbor- hoods; • The suwt layout witiuu mideatisl neighborhou& shall provide view corridors io the pedestrian pathways, open space, and landscape element, thereby unifying pedestrian cisoWation and sate landn=lrs, where feasible, The use of parkways or gretnbtlt Satdens con=cting the residential courts is encouraged its the design of neighborhood street capes. Specific Plan 03-067 2.51 518 ,rA.t^i �R�iCA�d Ai/R • Resident al dweWng units shad be sitcd to maximize view opportunities of the mout tdm in the La Quints mgiob where feasible. • Where two-story units are lvc;ated adj aceat to one another, axe side second story of at list one unit shall be stepped back, where feasible, to create a single -start' plait line along the common side yard. 1'he locator of dcxrnig unifs may include a tandora n= of &ant eauy acd side envy garages, along with a motor court =OeM where feasible, to provide variety to the street scene. Single-Famlly Attached The genera site planning concepts established for the single-family detached neighborlrood.9 also apply to the single farnily attaehed neighborhoods, to addition the following conccp; shall be incorporated into the design of singic-family attacked ncigkborhoods' • Neighborhood envy roadways shall focus on an amenity or a community opera space foo,ure ar landruaric, where fmAble. • The street layout within m zideiatial ncighbwhoods shall provide vier corridors to the open space md 4xhcr special cOlntrnwdV feamres aril landmarloi, where feasible. In addition, the view corridors should also provide physical access to These community feEttUMS, WhUO feasl�le. • The design Df strccts shall be pedestrian oriented. The use of parkways is cncoumgedIn the design Df neighborhood streetscapes, where feasible, 2.52 Pr*/.rC4-ley"Ir , r P o j-;-rG, Se nnm n' WArr wrp4ari4rl s r Y {/fid*rsfnr Pig-Alrehy AP,-mAf C4,1Pr Spetitic Plan D3-067 519 2.7.5 Grading Design Standards and Guidelba" The following Guidelines axe provided to gNe g=:ral direction to grading design. The primary focus of these Guidelines is to mEmixe the visual impact of gradiing by shapingtbe landform to reflect a more natural topography. The existing relatively flat character of ihespeciftc Plan 03-067 site will require a carefully thou tout grading design to sigui£imutly alter The uduml landform to create drama and visual excitement These Guidelines are intended to outline approadics to landfomii alterations which accazUpgSb this drama and yet sensitively blend graded areas with the adjacent topogzapluc corditiaus, Since the majority of Andalusia Country Club property is generally without significant contour or grade, it is anticipated that landform alteration associated with the development will be substantial in order to achieve the development goal of the creation of unique and dramatic landform within the golf course, residential, and open space area of the plan. Cmdiug Concepts and S#andar49 Landform alteration proposed as a part of construction within the project site beuridaTy is subject to review and approval by the developer as pazi of the plan review procedures. Such review shall include, but not be limited to, the follow4 criteria: lvfanufaeivxed slopes should be varied in crass section turtl along the slope length that utilize var- ied gre.dients. M�mfar,fured landtorms at dnvelopritent edges shall be recontoured to a trait_-ition to thoir exist- ing grade. 7be toe and crest of any tnwiuFa=ed slope in excess of ten feet (10') ins height shall be ratmded v nth vcrt aRI curves to to create natural, wwb rupt gWc ub,,utges. All graded slopes shal.l be mvegetated and irrigated inaccordance: with the landscape arclutectural and resource management standards outlined in these 4oidelines, and as aupmved by the developer. Where residential access across drainage courses occurs it shall be accomplisbed by a bridge or aesthetically enhanced culvert. Whero tknt improvement; nccur, natural mkcrWs may be used for slope hank protection. Berms, channels, swales, etc., shall be graded in such a way as to be an intcgrel pert of the grad- ed andlox prvcd surface, and shall, bo designed with sinooth vertical transitions betty= changes to slope. Crrading and Drainage Claus must be prepared under the dirccti on of a LQeinsed Civil Engineer. Specific, Plan 03-067 2.53 520 2.9 Plant Material Palette The theme of the landscape architecture at Ghe Specific Plan 03-067 project is to create a luvb desert character of visuai varit4 and textural interest while wrnp;lyxng with water conserving techniques based on plant selection and technical irrigation system design. Cansimnt wa this goal, use of drought tolerant plant material is a pdmuy consideratioai in the develnpnment of the plant patese to further aid iu the conic vadon of water while promoting this lush desert theme in the prcvaRing landscape image. 'ih provide guidance to the builders and designers of future projMs within the Specific plan 03- 067 projc" the plxatmatcrial palette suggested gives guidance to builders and developers with- in die piojeet Species in addition to Aiosc listed are to be considered in order to provide diver- sity; however, the plant material in the list provided are relatively successful in the unique sail and cbm"c conditions of project situ. PLANT PAILETTE 7reem Axauia salicina Weep ingwittt7e Amim aal lgna Nuo Leaf WaW o Mania amid Doaert Sweet A=ia Acacia eteoophylda Shvestdi3gAcacin larachyahitan poprdnaus $ante Tree Cercidlum #londum Slue No Verde Ccraidiam hybrid Desert Mwoum cerddium praecox 5ogoran Palo Vordo Chamelepa humilis '_►did. ran Pgru Chi lopM&linew-is Dw rtWiliow Citrus Swim Citrus Cupresms amperOrera Italian Cypeeaa FranomJS UhM `Majest r Sewty` Evergreen Ash CieijarapAnitlorc Auytral9nn WIllnw Lagersrra,=. & indict Craps Myrtie Lysilvnta miCraplr;•Fla vet. rhoMMA Feather Bush Us& erropaea OHVd Olneya Tesala De=t Crot►wo*d Parionsoai a caul onto Mexi= Pal s vcrde Phoenix dactyliFera Date NJM Pinus e1darirs Afghan Pine Pinug haFepehsis Aleppo PlUe plow ais ehilensis Cl ilcaa MesgL i!t Rluta Ian= Afiiran Sumac 5chinur, T6rclrirthifv6us Br4zihan Pepper Treat Thevat a peruvima Yellow 01midar Ulm us pmVifalia Elm Wft3 ingianiefili€era CslifordaPan Palm 1tVss#ingt4ni a robus#n McXIC n FM Pale[ SHRUBS! Caesalpinia pulchenima Red Vcd oFPasadist Carisas Sprotlom Natal Plush Cassia namophilla Desert Cassia aeles vegeta Fortnight Lily Specific Flan 03-067 2.65 521 idodoaaea viscom Green Hopseed Sash Herneroealli?s hybM Deylily Heteromeles atbuttfolia Toysxn ITEM scum aperies Yd bizous Iuaticiu raliforairpa Chupamsa Leacaphyilum Species Texas Rangm Myrtua c4mmunis 'Can+p[It-ta' C=PWttulyr to Nancina domestics Hoavenliy Datxboa Phv�riia ftseri Fhatinia Phormium tunnx Nmleatand Flax Fittosporuso tobira 'Wheeler's 3Dwmf ?=us C"4u enu Caral'sna Laurvi Cherry ithaphialopiA iudiru TadiaHawthom Rosmarinus oflircinalis KQsemary IUuIIia brhami a `Kale' CompsctRUellia F-Uellfa Calil'orniCa Ruellia Sophom secund.,fTom Texan Mmu in Laurel Tacoma xtaug 'Angustata' Yellow Bel ID Tecomu is cap enai s Cspe Hormysuckl e Xlymn a. conigestum N.C. GROUN COVER. Arscia redolaem Desert cwpct Hacohmis x Certtcoriiml' Rougainwllea venous Dalea g.regoi Trailing indigo Bush LantaILU Gamuts 'New Gold' Lantana moutevi densis PutpLe Trai 4 Lantana MYCIP ruin Parvifofiwn Pro&%Mte Myoparum Qemawa bellrsdi.ed McKim Bvarung Pr1nYf m Pyraeantha farkmeana Fiira6om Ror;nariaus vflioizta]ia 'Pcoatrawsl TFr,,IT/shyp r YC7 V VINE gpeai 0.] Vcrbena VMS. Amigomn leptopus Coral Vino Sougairty Ica. epeoi.es 'Barbara Karst' Clytmtoma collismgioide3 Vialer Trumpe. Vine lslcus Gila Crwping Fig Mact'adyeas Tinguis-Ceti - cat's Claw Rasa banksiac • Lady I emk'e Rose ACCAN'l'S: Aanual Color Agave dasulti Dcsoil Agkve Agava desavAl ana Agavo A]oe barbadensis Aloe Vera Dasyfidon whce] Ni ffes!rk 5pocs Ho�raloa P" Flora Red Yucca Mttltlenbergiia ernersylleyi 'legal Nfiist' Bull Grass Nfuhlrrlb4a rlgefts leer Egress No:inn miomcrrpa Btu Gras Phnrmiurn tonesc New zmIarrd FIax 2.56 Specific PNa 03-457 522 3 Zoning and Development Regulations 3.1 SPECIFIC PLAN OVERLAY DISTRICTS A. Purpose. To provIde flexible regulations via the specific plan picom WhIrh allow the use of creative, !and plaiming and desip techniques to cry#e master -planned dtvelopmeDh incorpo. rabug coorcl. fated building design, i=g mted greetrbelts, private recreation facilities, emphasiz- ing a sepmvian of pedestrian and veMculartmfU, and an overall increase in recrealiom1 RLMc it tq . The regulations presented herein are pursuant to Article Sa Authority and Scope of Specific PIAns of the State planning and Zolring Lary of the Goveniment Code, Section 650DO et seq grad are in compliance with the 0a10or 4 Erwironmenlal Quality Act (CEQA) and 2metld C4pter 9 of the City of La Quin a Zoning Code (9,60.290). The speoific plan overlay district all4aws variations in tourist commercial land uses as provided by Section 9, .1 O (per Gmural Plan Policy 2-1,1.9). Specific plan densities, development sw- dards and other fealums will be made consistent with the General Plant by adoption of this Specific Plan. Pam[tted User. The Sp fro Plan 03-067 delineates the permitted vse� within the plan area boundaries defined wittrin Planning Area I through Planning Area VI. Uses are tailored to indi. viduaL situ locations vriU& the SpcciEc 1 tun 03-067 plan bound=y, the, cxisdng atr t systems, topagraphy, and other charactcnSCS. Zoning Designazdan. The Specifio Plan 03•067 spoi br* overlay miring sdoprtcd iv conjum-tion with approval of the Specific Plan document Upon approval, the Spwfflo Plan 03-067 becomes as integral part of the zoning for the property within #Ire plan boLmdary and, for the plan area, becomes the Official Zoning for the City of La Quinta Property zQ&g shall consist of the base district symbol followed by the specific plan symbol M parenthesis; for is mpLe, Low density Residents - LDR would be noted as LDR( P), �+ecliic Plan a3-067 3.1 523 Zoning and Development Regulation and Standards by Planning Area Zoning and Dcwlopmertt Rep IAtion and Standards are presented for Plamting Area I thTovgh Plam6ng Am V3 as €iel r=1ed in the Planning Area Exhilait wid are presented in the follovAng order: Plan Ping Area I Golf Course GC-(RsP) USES AND STANDARDS scription of Uses in Planning Areal~ Zoning and Dmelopment Regulation and Standards Planning Area Ill Medium Density Residential RM - (RSP) CASES A M STANDARRDS Des rrpb on of lases in Plaming Ayea 11 Zoning =d Dt~velaprment Regulation and Standards Planning Area M Low Density Residmdal RL — (RSP) 1-1S-RS AND STANDARDS Dmription of Uses is Planning urea III Zoning and Development Regulation and Standards Planning Area FV Golf Course GC — (RSP) USES AND STANDARDS Description of Uses in Pkun- rng Area IV Zoning and DevOopment regulation and Standards [Tanning Area V Neighborhood Cornmer6al CN— (RSP) USES AND STANDARDS Deseription of Uscs in Planning Area V Zoning and Development PDgtdation and Standards Planning Area VI Gulf Caum GC -- (RSP) USES AND STANDARDS Dr,scripdon of Uses is Plaming Area V7 Zoning and Developinmt regulation aad Standards 12 Specific Plait OS-067 524 3.1.1 Planning Area I GOLF COI SR-OC — kRSP) Descr4WOit of Uses in Inanntur Area I The following se hors establishas the permitted land use and develops ent standards for pmperly desigro#ed as GC within Planribig 14rea f as depict-nd cntlte land Use Plan Golf Supporting Use and Facilllies address all land within Planning Area 1. V4Fitiiin thn overall plain Uopndary, Plan ing Area I proposed I acres development uses and Mn- dards for 1hr. Specific Plan 03-067 Golf and Reczeation Club, resident and guest serving mr-re- alion ame.ntttes and supporting uses. A Golf Curse Res-&RialSpecific Floss, GC -MP) overlay for tltis project acen is proposer to address Ind use within Pim- ing Area X Nvith develcpmettE regulation and aiteria presented ftcrein Pla=ing Area I of the Specific Plan 03-067 establisltes standards for the Mafia-n and develop- InDid of recreation amen itim cortsisteal with It resort oriented witure o€tlte project and project ed tr mis in golf supporting facilities to serve the. 18 hale course of Specifsc Plan 03-067. A. Purpose and I'nteal. To provide for the development and regahttiarr Q€ 3 range of special- ized resident and guest serving uses nrienmd to Golf and Tennis Club, resident and guest serving recreation center and supparting uses, located in areas designated within .planning Area I in the Specific Plan, B. Petrm*ted Uses. Permitted uses for land designated GC on the Land Use Plan and/or Proposed Zoning cxhibits as GC4RSP) includes all cumendy existing allowable uses Mineacd in the Colf Coarse district delineated m the La Quinta Z.vrurtg wdinaace and as specified witbi n this Sific Plait. C. Dn4porary & lritaHm Uses. Tempurury or recurring ouWw event staging facilities and related rises serving the arse and on-sim ennstrucdon and site guard offices imlUding relDr—kable lrtrildings. Tern}rorary gust house, sales and marketing baifclit gs mad offloe s are allowed. D. Accessory Uses. Resort re ea on and stage areas, and maintenance facilities and sites. Signs, fevees. and walls, subject to the design criteria set forth in this Specific Plant dtreurt nt. Satellite dish and other arrter Ctrs, subject trr this Speeffie Plan. E. 0tlzrAflawabte Uses, Water ►,vel Is and pttrxtping stadcms, water tanks and reservoirs, pub - tic florid control faci#rties and devices as necessary to famlitate the CVWD or deveinpm in water maaapment and wnseraation. F. Allowable Site Coverage. As specifies/ hereirt- . DeuelapnwiPfS14ado rds. 'I"lte following development standards apply to property Proposed svoci�3a Plhn 0 M 6 7 3.3 525 For development designated an the Land Use Plan andior Proposed Zoning exhibits as GC --- (RSP) and as described within the test of this Specific Plan. Stmdards are established for all buildhigs, structures and uses w1thin Planning Area I. BUILDING DEVELOPI ENT STANDARDS _ Max. Building Height 35 ft*_i- Max. No. of Stories 2 Min. Front Yard Setback from: Street or Parking Stall Curb 8 fl. Pedestrian Circulation Walks 5 fi. (iarage/Curport Setback S fl. Kit. Total Side Yard Setback 10 ft.** Min. Interior/Exterior Side Yard Setbacks 511. Max. Allowable Wall I•Ieight 10 ft.*** Max. Parking Required 1 spac&254sf**** +Hright ]s limited to 22' far a setback of 150' from R.Q.W. on Madison dt Avenue 58- *Not including chimney proiectla►s, bail (owns, spires, etc. '"AC Units, troll is element, pools, and spw are aliowed to encroach into ;idc and rca sc bUX areas. 4*02' of :he :0' ht. may he ratnin4tS with $' freestanding, •` 1`nc are 6r) orthe can garage will not lie inctadcd in the parking mquircmcat caleulinim, The following uses are permitted in Planning Area I. 3.4 1. flecreaftori Uses Outdoor lawn and recreation uses. Gulf and Tennis clubs or complexes. Health and fitness clubs & Spas. Golftuurse & turVlandscupe areas. Lire eatertainmenl as an accessary Use to a "one-time" cvrnt, 2. Sen f-Public Uses Museum uses. Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart, and pedestrian trails and storage favilities. Swiuur ing pools and spas. 3. Lodging Uses Not allowed 4, Arc6ssory Uses Private: parking IuLk;, carports and open-air parking stalls as an accessary use to Residential or Open Space uses. Signs hi accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. Specific Plan 03-067 526 " Interim event parking lots for events anticipated to extend over three or mom days of useh Tempamry outdoor event sraging facilities. **Temporary autdoor event vLa&,g facilifics waicipated to extend over lkec or more days of use. **Co=tmc&n and site guard v ccs in relocalab3e buildings. * A single asterisk indicates an ailowabie use regulring approved of C4 ddional Use Permit from Me La Qvinta Phm sing CoaWssioxz **A&ubie uterisk indicates an allowable use ona temporary basis �'egrwiraing approval fromthe Lc Qzjirrta Commurzlty Develoment Direc�or. OPEN SPAC E LAND U$F, Open Space land in Piaming Aren 1 is defined by the areas adja.con# to the recreation club arncni- ties. Criteria related to development of the opera space slarmounding recreatiosr club facilities is pmerted and allowable 6 all auras of P3tmning Area identified. The following devclopnment standards apply to the construction of clu€ ireorcatice facility builditags for Supporting s mm-res wilhin the go If course zone on prop" desiguated as GC - (RSP) ou the Turd Use Plan. Max Building Height 28 ft_*T Max. No. of Stories 1 Mini. Setback from: Siren[ Or PM*ing Stall Curb 2 ft. Pedestrian Circulation Walks z ft. Structure Setback 5 fL Min. 130ding to Building Setback- 5 ft. Min. Eriteriorll tetlnt Side, Yard Setbacks to adjacent lot to fk wdrnum Allowable Scm= Wall Rcight to fl. t Height is lkr Ei,-.J to 22' for a Gr-bank of 150' frmi FL O.W. as Ma& ms & ALVam 58. *NutinciWing tlafpnlos, uiumacy projcctiorubell [owcrN. Won, or builder proicukus thol nro ni)w-aantini to the Functional $put oftht Hernial btdldtg(i.a. hell 4tnt wetc.) 5?'--U;f'RC PLO 03-0$1 33 527 3.1.2 Planning Area ll RESIDENTIAL SPBCfFIC PLAldNRl4(RSP) UM AND STANMARDS Description -of [Usti in Aimtng Aru 11 PI arming Area U encompasses development ruses and standards for the Speeafxc Plan 03-067 Villas and Caskas as well as encillery supporting recreational uses and arras. Ibis PJttnning Area is located centrally within the eastern half of the project site and eucompancd 16 &cres of land. Plarmi-AgAjeaD of the Ltmd Use Flan proposed, within ks boundaries, one twderlying zone, Medium Density Residential RM - (RSP). A residential Sp&eific l'lart (RSP) overlay for Planning Are= lI is proposod #o addre" residential supporting -sea land use witl a Planning Area II with deuelopatent reztlatiort and criteria pro- srmwA herein. ne develop€rxe€rt t-nrtexia for open space, passive, and active recreation areas and other uses is also dciinut'ed for Pbmning Area iI basin. RESIDE NTW, SFECIKC PLAN (RSF) USVS AND STANDARDS The following sexton delineates the pmmimd laced use and developinont standards for propem designated as Medium Density Residential Specific Plan RM - (RSP) on the Land Use Plan, within Planning Area 11. A. Purpose and Irtteret. To provide for the devetopment and ragvtation cf a range of spe:cial- ixed resi&ntial uses oriented to Golf dub aad resort lifestyle azdvity, located in areas deli tad vdthin )farming Area n in the SpeciificPlan. Repnesentetive land use include Residential owner- ship, short term and long term rentals, and leasing uses as well as supporting open spare and rec�Ational use. B. PErndaed Uses. Perrnritted uses &T land designated RM - (RSP) on the Land 11e Plan andlor Proposed ZorunR exhtbits as RM - (RSP) imludts Al. currently extstin rosidet EM serv- ing uses and allowable uses deliniated in the Medium Density Residential district description of the La Quinta Zoning ordinance and as specified herein. C. Ten;parary & Inferim Use T=pomry or recurring ourtdm event staging facflities aad refatr.d rises serving tho Residential use and orrsitc causliuction and site guard o1J't=s including reloca#able buildings. Tcrrmporary sales and marketing buildings and offsoes may be allowed. D. Acemory UJsm Rmeafioii =d staging areas for recreation events, maintemnce facilities and sites. Signs, fettoes and walls, subject to the dosign criteria setforth in this Specific Platt doe, =mt, Saiellim dish and ocher ankt [=, subject to this Specific Plan. E. Orb er A Ho wable Usa. Aloterwells and pumping sWions,w ter tanks and reservoirs, pub- lic flood control futilities aiad devices as nm=sary to faoilhte the CVWD or developer itt water management and comorvation. 3.6 Sp exilic Fli a D2. -067 528 IR Devd tS adurds a following developn-ut slinda.rds apply to propel proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as Medium Density Residential RM - (RSP) and as described within the text of this Specific Plan. Standards pre established for Medium Density Residential RM - (RSP) buildings, structures and uses witjiin Planning Area II. ResidenttaI Debwhed and Athwbed Developmfjot 8bndurds These standards apply to all land within Plarming Area It as described withht the le!)a and gmph- ies of this Specific Phu. 1. !� ��#•■ Mm Budding Height 28 fl. fm No. of Stories 2 Min. Livale Floor Arrea For Unit 1500 4fL ifm Fwra Yard Seftw* from: Street or Parking Stall Cud 10 #1_ Pedestrian Circuivfion Walks 5 it. OaragelCwport Setback 5 ft. Mim Total Side Yard Setback 10 fL**f Arkin. T.nter rMxterier Side Yard Setbacks 0 R.**t Max. Allowable Nall Height 8 ff-*** Max. Paring Required Per Current Code t Hei* is timimed to 22' for o saU} xk of 150' From >-Q_P- #u Madiwm 8t.hymua 59. �Nix ineludia&Ghid_a.7prDjwL1ons%WtLD ers,SpyC=,- " AC Units, tm ffis rlemews, pooh, and spas arc allow-td !o enuosch inla icde and rcm wtb=Jz bake. `k 2' Or the VhL may be xtSiniug SYJffi V l3TEitmdm& The following uses = parmitted in Planning Area I -I_ i. Recreation Uses Ontdeor lawn and rwreation uses. Pool/spa and ulster recreation uses. Live entmUin rent as an accessory use to a "one-time" �,-vent. 2. semi -FUNK ffsee Parks play Eelds, ktanical garden uses, and passive and active open space area~ ,Bicycle, cart, and pedestrian irAs. Swimming pools and spas. 3, Lodging Uses R.esidm ial use as dehnwe.d %"'thin this 3.1.2 hemffi. Specific Plan 03-067 17 529 4. Accrosory Uses Private parking lots, c-arpons and open-air paritirig stalls its gn accessary use to residential uses. Signs in accordance with this Spedft Piro, Antennas and satellite dishes in accordance with this Spcui& Plan, Temporary & 1►rrerrm flses Sv&w of icay, construction and sire guard offices is relocalable or modular building.** Interim event parting lots for evens anlicipatetl to extend overthree or morn days of use.** T .mpontry cutdoar event stagist2, facilities. Temporary outdoor event st4vg facilities anticipated to extem€3 over three or more days of nit."* " A single nsiarisk indivo= an allawahte u= regviraag appropnJ of a CnFrrftval Uw PernJi ftmv the err Quinra Pfartning Crrrrrru�.,.rlor�. !R A datU]e utirrisk fndiodes mi all ownbit kLv, w a iemporQry b"s rsgrrir(ng vpra+ai JJorrr 11to La Qtrlrrta CrxmrrN„11� ,lk�c�r3pr�aerrl J�r�r.7rrr: OPEN SPACE LAND USE Open Spue land is Plaaning Area U is defined by the areas adjacent to the residential units. Amcnity and supporting facilities are located on 4accnt fingers of greenbelt within ibe devel- opment plan and may be pools, fountains, spas, etc, Dave] opment criteria its fleFined herein. The following developmemt standards appiy to the construction ol`Urtildings for supporting residential unit and recreational features (such as satellite pool buildings) on property designated as Medium Density Residential RM- (RSP) on the Land Use Plan. ANCILLARY BUILDING DEVELOPMENT STANDARDS Mm Building Height 29 ik*fi Ma)L No. ct: Stories 1 Mm. Setback ism: Street or Parking Stall Curb 2 ft. Pedestrian Circulation Walks 2 ft. Stnim m Seback 5 fir Mitt. Building to Building Setback 5 & Min. Interior/Exterior Side Yard Setbacks to adjacent lot 10 A Maximum Allowable Sermn Wall Height 10 & t Height i; lindW Ur 22' far a sat xL of I50' frem R.O.W. on Kxjism & Akenuo SS. *Not Mudirag Appolm rhkmey projeaim; bell low=, spires, or balding pnjeckns tbat = nonessentinr to tha hmGtFopnl spK5 of flu m+,vrura 0 bAding (i.asoli tunci-s ere.) 3.8 Spaarfu Pl-o 0-1-' 06J 530 3. 3 Planning Area M RESIDENTIAL SPECIFIC PIAAN RL P) USES AND STANDARD Descriptien of Uses is Magi ing Area M Within the overall plan boundary, FlanningArea III encompas.sesdcvetopment uses and standards for the Oral 1vinuntx n proposed rasTdcrtial grounds as -well as ancillary sup -purling reoreati.arml uses and areas. Tfais Planning Area is located tliroughout ibe project site and eacnnripa, eS 250 acres, Planriiug Area TIT of the Land Use plan propose, within its botindaries, one underlying Zone, Low Density Residential RL — ( SI?), A Reaidanbal Spckfv Plan RL -(RSP) evarlay fu; Planning Area llT is pmposed to addiess res- idendal supporEng uses land use within Planning Area Ili with development regulasion and cri- teria presentexl hcreint The dovelopment criteria for open space, passive:, and active re+xcation areas and other uses is delineated fair Fiarwing ,Area Ili herein, SIDENTI<A1,SPF-lv`MC. 1PT N (RSP) USES AND STANDARDS The following seotioa delinme4 the permitted laud Ursa and development standards for property designated as f.ow Density ResidGir W S chic Tian RL - (R,SP) an the Land Use Plan, within Piat"ng Area M. A. Purpave and Intent To provide for the devei Dpm ant and regulation of a range of special- ized residcntia? uses uriznted to goat club and resort ]it`estyie activity, located in arras designo-tcd within Planning Area II[ in the Specific Plan Reprneritative land use include residential vwrxer. ship, shore term and long term re=ls, and rasing uses as well w suppetting open space and recreational usc. B. Permlmrrl Uses•. Permitted uses for land designated RL - (RSP) on the Land Use Man ardor Proposed Zoning exhibits as RL - (R5P) includes all currently existing residaraial serv- ing uses and allowable uses delineated in the Low Density Residential district dvsoripdon of tht La Quinta Zoning ardinarrce and as specified hercitr. Salts and marketing buildings anct offices are allowed. C. TgmVoraq & lVerilm Use's Tempotwy or recaning outdoor event staging faOifits and related uses serving the rmSd m�a1 use and wi-site constructing and sue guard effires including relocatahie buildings. U. Accessory Uses. Reaesidon and staging areas for recreation evcnts, rnaintenanoe faoftes and sites. Signs, fences and +mails, subject to ehe aesiV criteria set forth art tlr.rs Specific Plan doc- umant. Satellite dish and other ant-=nas, subect to this Specific flan. E. Other Alluwable Uvea. Water wells and pumping stadors, water tanks and reservoirs, pub- lic flood control ta,cilitscs and devices as necessary to f eilitate the CVWD or developer in water mariagement and conic vatiom Specific Plan 033-067 3.9 531 IF, Uet'e pr wj1 ftandardt 'ft following development standards apply To proPeny proposed for development desipaled on the Land Use Plan andlQr Proposed Zoning exhibits as Low Density Re-s-i eratia# RL — (RSP) and as described wittn' Lhe text of this S,pecifio Plan, Standards are established for Low Desisity Rfsidential RL — BSI') buildings, structures and tries within P1 anni ng Area ill. Reaidential Detached and A# xdu d Development Standaxds T facie stmdu& apply to all land within Ptaruung Area M as den a ibed within the text tod glaph- ics of this Specific Plan BUILDING DEVELOPNENT STAMARDS Nbx BuMing Height 28 fk*T Max No, of Stories 2 Mira. Livable Fl mr Area Per Unit 150d sglfl. Min. Prent'Yard Setback from: Sticet or Parking Stall arb to $. Pedestrian Circulation Walks 5 ft. GaragelCarporl. Setbwk 5 1t. Min, Total Side Yard Setback. 10 ft ** Nfin. LderiorlRxjherior Sitfe Yard Setbacks 5 ft. Max. Altar-raW Wall Height 8 #1.*** M=. Parking Rerun-ed Per G111 Oat COdt< T Height is pmknd Lo 22' for a s aback of 15W Eom It O.W. on Mmc5wn & Avca= 59. *Not including 6immy proj aaioitr, MI ti}4n m, spiry& er. ** [3+tiks, trellis owwro, ftw s, anti oft ellowcd to cccraeh i= stab in d rem setback atmm. *** T ofthd V M, may be retsini;g with 6' fieoatanding The follwxiitag yes are permitttd in Planning Arta iIL L Recmafion Uxes OutMw lawn and recreation uses. NoVspa and waler recreation uses. Live entertainment as an acecssory lase to a "one -tittle" event. 2, &emo-Pubho Ys'ey Perks, play fmlds, butar ical garden uses, and passive and active opm spwe area. Bicyr,le, can, and ped 'ian rails. Swimnung pools and spas. Lodgjng Uses Ressdevial use as delineamd within this section 3.1.3, 3.10 Spe66 PlAn 0.3•-067 532 4. Accessory UsaR P&atc parking lots, carports and open air pw uig stalls as on zw =cry useto residential uses. Signs in accordance with this Specific Plim to as and sateDiw dishes in al=danoe with 4& Specific Alan, 5. Temporary d: Inmrim Clsa.4 Solar o rs, construction and site guard ofiiaes in relocatahle or modular buildings.** lnteri ewtnt parking lots for events zstticipated to a-tmd aver three or moic days of use.** Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend aver three or more days of use." * A singla asict•i:4k indicates an nllowoble use r+r'rrrrrrinrg approval ofu Condfriowl Ow Petrrurfrom the Lo QnIhmr P1�� ring m rn Jssi orr, *f A double asterisk indicatm an afluwable are Cn a l--Ilipowy basis rcquirbrg appTowi-fvirr ON 1.0 Qtrfrtur �: ornrrrr�rtrt� die ua•fopu„��rl �freeror: OPEN SHOE LAND USE Open Space land in Planning Area Ill is delined by the areas adjacent to the midential traits. Amenity and supporting facilities are located on adjacent fingers of greenbelt within the devel- opment plait attd uiy be pools, fountains, spas, etc. Developmemt criteria is defined herein. Tht: >follawing dovalopment stamdaWs apply to the constrw ioa ofbuikdinps for supporting residential unit and recreat2altai fCRULFcs (such as satellite pool bt.�Wlugs) rift property desipated Its Low Donsity Residential RL — (RSP)on the Land Use Plan. ANCMJ ARY IELU MING DEVlE;LOP>1 Ew $TAL►TDABDS iti' m. Building Height 28 fi.*t Max. No. Df Stories i Mite. Setback- fron): Street or Parking Stall Curb 2 A Pedestrian Circtdaboa Walks 2 P. Stiuctuye Setbat k S fL Mom. BiOdiag to Building Selbwk 51 11 i. JnteriolrfExterinr Side *hard Setbacks to aajaccnt Im it} A. Maximum Atlowabla So= WO Fright 101 > clol is limiWd io 22' for a seibxk ar mr frmm R.D.W. on M&dhwn &Av SS. Noi,ngwing flagpoles, chi nn�y pmjcutioag bet I fo3uer , spimv, ar bitildii3 PFOiQ tIOW iha = »ancmcntiul to Iho functiboel R WO of lho cammCmial txdldmg i,a. fi urwm vw.) SpP-6fir PIR„ 03-067 3.11 533 3JA PlanningAres IV GOL,1t COURSE CC-(RSP) USES AND STANDARDS Desewipflon of Uses in 1%nntng Arca IV WitWu the overall plan bowWuy, Plunging Area IV encompasses development uses and g%ndwds for the Specific Plan 03-067 proposed 6olfCourse mainfecanco facility as well as ancillary sup- Foniag golf uses. This 3 acre Amning Area is located at the intersection dModison Street mid A -venue 60 on the southern boundary of the project site - flaming Area l V oftlle Land [Jae Plan present y has; widiin its bowkdanes, one un&riying zone, Gc - (m), A. Specific Plan CRSP) overlay for Planning Area 1V is prq*sad to address Vol course support- ing uses lend ;use within Planning Area IV with dcvelopmcnt regulation and cdtwia preseamd herein. The developinont criteria for other uses is delineated for Planning Area IV hcrcin. RESIDE, N14L SPECIFIC PLAl'wl (R,SP) USFS AND STANDARDS The following section deiinetit s ft perntitrrd ]arid use and development ndaxds for property d - ignnted as CYDlfCoutse Serif tc Plast GC - (RSA') on lLe Land Use Ptah, within Planning Area IV. A. Purpose and iTnferrt. To provide for the develupmemt and regulation of a range of speecial- irrd mairtterrnnce uses oriented to golf course waintmance activity, located in areas designated within Planning Area EV in the Spmific Plan. Rcpiresentative land use iriclude golf and opcn spe= mainb-_nanc4� building use and supporting ancillary functions to that usc, IL. Pernalfted Uses. Permitted uses for land designated OC - (RSP) an the Land Use Plan an&or Proposed.Zoniug exhi-bils as -- (RSP) imludzs all currently existing matntenataco bttild- ing serving uses and allo abic uses delh2wrd in the Gulf Cause district description of the La QuiWa Zoning ordinance and as specified herein. C. VenWorgry A Infadm Use& Temporary oT rc�urring outdoor event staging facilities and related uses serving the maintynaucA-, use, and on -site constmation and site gs of =R, and relo- uatable buildings. D. Memory hail. Fuel and supply storage incidanW to the operations oftht maintcunce £acil itirs and sites. Signs, fences anLL walls, subject to the design criteria set fords in this Specific Plan document as as mgWred by law, Sate1le dish and other antennas, subjmt to this Specific Plan. R. OlkerAflowaWe Uses_ Watm wells and pumping stations, wmerianis and raseavoin, pub- ] ic flood oantrol facilities and devices as necessary to facilitate the CV D ar dtwelopes in water management and conservatian- E? DevelopmvitSwrdar4. Tkx following de+velopmml standards apply to property Proposed for development designated art the Land 'Lice Plan- andlor ?map Zoning exhibits as Golf Course CC - (R.SP) and as described within the text of this Specific Plan. Standards are estab- Ifshed for Golf Course GC - (RSP) buildings, stmcxures attd uses'4within Plank ng Area IV 3.IZ Speaific Ain 03-067 534 Max. >Builci+ng Height 28 L*f Max. No_ of Stories 1 A rL Front Yard Setback from: Street or Parking Stall T-b 8 ft. Pedestri,in Circulation Walks S ft, GuageJCatport Setback 5 ft Mirt Total Side Yard Sef ack I4 a.-F* Kiii. lrilcrior�Erwrior Side Yarn Setbacks 5 ft. Max. Allou )!e Wall Height S ft,*** Max Pardrlg Required Per Current Code t Hes A is iimitad t(i 22' for r soft of 15W tram fZO_W. on CAntmo & Avoaut 59. Dial krWding chin y pr+alectians, bell vvm, --ptr ve. "AC -Unit; trallis ekmmIg. pools, zmd spas arc x4o red 1n anmm& info side and year wd mck =IK. +4 2' of ft W ht mpy be xtamin Mth b' thtab ifies. The following uses are pamiitled in Plami-ng Area IV. R cmat ox Uves Outdoor lawn and recreation uses. 2, 5erhl public Uses Ma iafenasrce building uses, and passive and active open space area- SwimmingaWea- Swimming pools and spas. Special U,sV,3 Fuel storage, fertilizer storage, and use incidental tr) maintenance building #`talons 4. Accassory Clses Private parking lots, carpmrts and open-air parking stalls ps an nocessory use to maintenance bLdIding uses. Sigm is acuorcianee with this Speexfc Platt, Antennas and satellite dishes in aceordanw with this Specific Platt_ 5. 7�ntpor•ary & fnterim Uses Site guard offices in relattable or modular buildings.** lnteuim event parking lots for events anticipated to e4o-nd over t€tree or mire days of use." Temporary outdoor event. staging facilities. Tenrpmry outdoor event staging facilj&5 antiriMed to end over three or more days ofuse_** "A single risk indicates an n1lawabiD use i-egrririr+gappmwI of a Corrrlifiaruzi fJxc Permit,imm tine La Qrtfrria +FPrnrn tg CarrrrrrfS.,don s* A �bie sstadsk indicates an rllowablr, use on d temporary basis requiring appraaml from the La JFdwa C'omrrrrartly Denlop+rrerd D&ezfmr Speer u Phu% 03-067 3.13 535 3.1.5 Planning Area V it OGHBORHOOD C(]llFMERCIA1, CN�(RSP) USES AND STANDARDS Descrtp ion of Uses in Platxning Axtl V Within the evemlI play► boundaxy, Planxirag Area V cncompnsses development uses and star, darns for the Specific Plan 03-067 Ne &barho-d Commercial cenftr as well as ancillary supporutag uses. This Planning Area is located at the Southeast corner of Madison Street and Avenue 58 on the northwestern boundary of the project site. Planning Area V of'the, I -anal Use Plan pruposed, wit! n its boundaries, one underlyjsag Zone, NaIgbborhood CornmerciW CN .SP) Oa 4.5 sores of Jand_ Pe miued rases in tine CN Zoning District will combine esseniial day-to-day neighborhood goods and services, tourism and visitor -leased retail re-AEurant and limited enlerUinmenl opportunities astd facilities necc�sary for the, opc mtion3l &rttonds of such uses, The following uses are permittcd in Pluming Arta V with review of development proposals generally conforming to ttx s Specific Plan and may requim submitial. of a Site Dex, elopment Permi%'Eernporary Use Permits or ether long ar sbart term approval package at the dinrotan a the Cornmuniry Dcvelopmf--nI NEIGHBORHOOD COMWRCfALCN- (R P) USES AND STANDARDS The fo llowing section delineates lire permitted land use and devalopraent standards for property des- ipated as NtIghborharrd Commercial CN-(RSP) on the hand Mc Plan, within Planning Area V A. Purpose and ruder. To provide for the &-velopmtat and regido-don of a range of special- iwd neighborhood serving couuncr-,W and retail uses oriented to Ctolf slab and resort lifestyle activity, looted in areas designated within Plann+� Area V in the Specific flan. t epresentati++e land use includes nejobonccKod serving commercial and retail use and su.pgorfing ancillary func- tions to those uses. B. Fermfived Uses. Pitted uses for land designates# Neighborhood Commereial CN-(RSP) on the Land Use. Plain andlDr I Tvpo;;ed Zoning eaiaibits as Neighborhood Commc;rciffl CN-(RSP) includes all currently existing maietena,nce building serving uses and allowable uses delineated in the Golf Course distriot description of the La Quint&Zord ordiswnne and es swifred heroin. C. Terrrporarr & frrterint Use3: Temporary or recurring outdoor evesst staging facilities atxd related uses serving the C mnmercial use, on -site construction and site guard offim and relaoat aisle buildings. Temporary salts anri marketing buildings and nfftes pre allowed. A Aec=ory Uym Signs, fends and walls, subject to the design criteria set forth in this Specific Plart documwxt az as rquired by law. Satellite dish and other antennas, subject W this Specific p3an. 3.14 SpeuAsc Finn 03-06: 536 leL OtherAUowuble Uses. Water wel]s and pumping su ttioos, watertin7ks nttd reservoirs, pub- hr, flood carstrol facilities and &,Jets as necessary to facilitate thie CV D or developer in watcr management and couservabou. F Uesdnpmeni Standard& The Following development standards apply to property proposes/ for d4=1opmeri# dessgaatd on the Land Tess Plan and/or Proposed Zoning exhibits as Golf Course N4ghhorhocd Commercial CN-(RSP) and Eis described within the text of this Spe(ABc Plan. Standards are established f'or-leighborhocd Commercial CN-- WP) buildings, structures and uses within PianaingAma V. Neighbarhood CammetrcW and Development Standards These slandards apply to all land within PIannisig Area V as described within the taxi and ph- ics of this SpodfLc Plan. Ht7I7 DING DEVE OPT T STANDARDS Uzximum Structure Ifeight 35 -t,# Maximum Number of Stories 2 Minimum )~rant Setback l0' Minimum near Setback la' mirnurn Pakrkmg 11250, GLA Maxnmuin Lot Coverage (F.A.R.) .25 Minimum Building Setback to Avenue 58 25 fl. MiWmum Building Setback to Madison Street 25 f Minimum Intenor/ExIcrior Side Yard SetbarLs 5110 ft. aoamuna Wall lfesghi 10 fl. "Arehitecrural snd roof projections not providing hakabk at osherwise umusable space,suott as ehirnneys, spirem, Hniais, and similar feawres shall bu permitted to *gaud up #a ten feat above the maximum 6truown hC41. Tho fDllowxng uses are lsetnut#ed in of Plnruting Area V 1_ Retail dues. Relaii merchondise sales of Iimited goods (goods that can be carried out by the Gmtomtr), such a_s $sstiques, appliatioes. bicycles, wholesale and/or reW Caods, newspaper and magazines, tobacco products, idwhen and bath shops, video azd altdio equipments clothing, pret and pet supplies, office equipment and sopphi s, pony and/or costume rentals, sporting goons, !some furnishings, hardware, and home Improvement items, and Doter related item3. 2, Publid Usds. Restaurants and prepared food service facilities including restaurants, deli- catessen, tea, coffee and tce cream shape, pi Ties, and similar uses_ Prepared foal sold specif icnlly for on -stye wrispmpl�aa, with inuloorloutdWr seating_ Such uses include tine dieting and other low to =dium turnover restaurant ; cock#ail lounges, dinner cluiss, sports barllouDge, barlgri.[L night clubs cmd similar uses, with Wcohol sales for on-skc-consmnoon only, along with II-ve, recorded or other cuteitainment in or outdoors such as music andlvr dancing, karaoke, arcade games, Foal, billiard er sltuftlebcwd tables, etc. SPCV; C Plno 03-067 3.15 537 3. Special tires. Proks2ioW service offices providiag Iirtli1rA sales, such as medical denta% veterinmy clinic, dietician, optician, catering, attorney, mal estate, banking, mortgage broker, social and commursity service offices, property managcmcnt, iislartoW services, beauticiart, barber, reproduaon service, to lor, clear3= and laundry, pastel services, shoe,, watob, jewelry and bicycle repair, and similar uses. Ogees with largar scale w 6ce aspects, such as limo sine and auto renMl- Indoor or outdoor professional art studios, dis plays and/or gaD=iss, for all arospt endeavors and pToducdoo, to include dance, painting, sculpting, =amiosjewelry, glass blowing, photography, handinade f lmitare, stone cutting, and similar sctMhes. There may be sales, presentations a_+nd displays ar demonstrations to the public. 4, A earsory Usea Private puking lots, carports and open-air palm$ MA as an accessory use to caMMcrcia] building uses. Signs in accordance with this Sponfic Plan. Amtelanas read st+tellite diskes in accordance with thk Specific Plaa. S. Temporwy & fnferlrrr Uses Sibs guard of ims in relocatabie oz modular buildirtgs. ** lntedrrl evalt parking lo€s for events anticipavad to extend over flute or more -days of use.4' Temporary outdoor event staging facilities, Tompusary outtiaor event staging facilities -,w icipawd to extw.d over three or rr mdays of use. ** 6- OfhorXfowable tlso Public indoor asseruhly/mteminrnent facilNes, such as audiroriuros, theaters, ditkner theaters, coeercmce czater, gymnasium faailiities, concert halls and relater] nse, indoor facilities for eclucntioa, training, self-help and i►rtprovernent, hobbie3, orvocatioral purpose, bDth public and private_ These may be located in any facilities 1=ndoodoutdoor cultural., historic and similar displays and gallerios forall types ofarti€acts andfor artistic media, such as rnuseutwauction ho=s and canslgnrrtf,,m room. Such} =9 UULY mGlude sale of display art pieces- " A s�agte Tomsk indWatcs m all owabia use mcyuring approval era Candfflo cd Una A?rWl ftem the La QWrrra Prelim ng C47rrrrr3issim ** A dmiWe wtonsk iTift tcs an $3lm%ab1t LAE� on a tefflbasis r-dfPfirirtg OWMV�d frphr the ra QIrftO Cor�rnlrrrrlry Dsvelcyar spa DIMCurr The pennitted usm in Plan nIng Area V der not preclude other similar uses wHoh are com- patible with the specifically identifted uses and otherwise meet tho criteria for this Specific Plan and the currently appmvcd lgeighborho od Comm lDistxiO within the La Wain Zoning ordinance. Arty d :tenninatioa on a proposed use whe#her listed a ijnhsted herein may be eirhe€ inter- nally rcviewed by t;he Carnm miry Developmcnt Director or Planting Manager or referred to the Planning Commission as a Wort-hmHng item if the Ccminurrity Development Dir=tor or Plam�ng Eger determines oa a case -by -case basis that the public ittteresi would be better served by such re*rral. 16 5pcaific F6r► 03-067 538 3.1.6 Planning Area Vr Golf Course CBSI) USES AND STANDARDS Dtxriptioa of Off es in PJiqnn;ngAeo N7 Within the overall plan boundary, Planning Area Vi cncampmses 295 Arms of development for the Specific, flan 03-067 proposed Gn1f Course as well as ancillary supporting uses. 'fWs Planning Area is locawd 4broughout the site. Planning Area III of the Land Usc Plan presently addresses 295 acres within its bonndarics, one underlying zone, GC — (RSP), A Sper ific Plan P) overlay for Plarming Area VI is proposed to addms golf course supprsri- ing uses lend rasa within Planning Arm VI wilb development regulation oqd coiteria prr_wnted bweia, The devolvpinent criteria for other use is daiinmied for Planning Area V1 her n. RFS1lDElr1'IUL SPECIFIC PLAN (RSF) USES AND STANDARDS The following socdon clef i mates the pwAtied !land use and developmat standards for p roperty des- igaM d as Golf Course Spwi fir. Plan CC — (R5F') na the t uid Use Plati, within Planning Area V 1, A. Purpose and ],treat. To provide for tk development and regulation of a range of spMal- iaed golf and open space uses oriented to Golf club and resort reorntion lifestyle and activity, located in areas designated within Planning Area V1 in the Spwi.£'ic Plan- land use 1110ludc golf and open spate v5e and supporting remafan flwotions to that use, B. PLvrmr'ttEd Uses. Petrri.itted v5es for land design kcd CC — (RSP) on the Land Use Plan andfor Proposed 2ntung exhibits as GC — �RSP) includes all currently existing golf serving uses and allowable wes delineated in the Golf Course dime ct dtsciiptioz of the La Qusnta Zonilig ordinance and as specified hmeifn_ Sales and rnorkcting buildings and offices are allowed. C. Tenpormy & Interim rfsm Tatnpoma y or rct=i ng outdoor event staging faailitties and related uses serving the golf course use and on -site construction and site guard ofr`ives -Malu a rulcc,arablD b0dings. D. .4amT,,;ory Uses. Limited food and beverage sales throughout the golf course area and accessory facilities (such as comfort stations and tending booths) fcx that use . E, Other Altowabl'e VFes. Vilater wells and puirtpiog stations, water to aad reservoirs. pub- lic flood contrul facilities and devices as necessary to fkcilita2ethe CVWD OF developer in Avater management and conservation, F. Detelopwren-r S'tandardls. The following development standards app?y to propel' proposed for develop=nt designated vn the Land Use Plan and/or Prcposud Zoning exhihits as Golf Courm Bpz�laic Finn 09-067 3117 539 GC -- XP) and ai described wrthin the text of #his Specific Plan. Staztdards are establishm for Golf Course GC -- (RSP) baiidffigs, structures and uses within Planning Area V1. Golf Course wilding Standards These stund[rds apply to aIi land within PIanning Area Vi as described widrin The lext and graph- ics of this Specific Plan. BU1i ING DEVELOPMENT STANDARDS Max Building Height 28 #k.*1 ]V &N. No_ of Stories 2 Min. Front Yard Setback from: Street or Parking Stall Curb 8 fir, Pa:desti Circulation WaLks 5 ft. aragdCarpnrt Setback 5 ft Min. Total Side Card Setback 10 R.*" lxrtin. [riteriedExterior Side Yard Setbacks 5 iit. tax. Allowzble Wall Heigh 8 fk.*** Ma.,s. Parking Required Per CuTrunt Ordinance t ] Wght is limited to 22' f r a sel-b ok a 150' ftm R-G- . nn ]Madison & Av,-n .58. •Noi reel [Ong Ai moy projwmfts. boll Emm, 0m, otr:._ ,• AC Uiim, 1m[[6 elatimt5, poots, and spss nia atlawal to exuroach iWo Sid@ and rear sctb k amog. •" 2' of ilia 9' hL may tw imminin g wiLh fry GCC85t4A�_ The following uses are perrni1led 'Lt PIP aning Aria VI_ Recreailon Uses Golf Copse = Poollspa and water rnreatlon uses. serrai Ptrhlic U'ves Maintenance NU-1 ding eases, and passive and active open space arcs. Parldng fltcilities fGr ernployees of the development. Spacial Uv6s Fuel storage, fertyliaer sorage, and use iricidental to golf oLuse opema ens 4. Aec es ory Qsc Pr'vW parking Ints, carports and open-air parking stslis as an accessory usti to mainterianc building uses. Signs in awordai a with this Spceific Mari_ Antennas Rnd sateliite fishes in accordance with this Specific Plan. 5. Temporary & 1r[rerim usey Site guard otlmes in relocaEtable or modulw buildings. �* 3.18 Spccl& Plan (13-067 540 Temporary outdoor event staghaz facilities relatod to golf operations Temporary outdoor event staging facilities anticipated to extend over three or more days of wP. * s A singk, zslierlsk indirnmes an alk wOle = requiring apprO1127 of v CandrlkfLal Uses Penrrtr frorn the L o Qjonla PkrrrrAg COnml, VAM. "* A double aslarisk indica#es an Olawnble use an a lempomy basis regrrtrIngF npjwvvaa),hwir ;he 1_rr Qrimz rommmtiry-Developrrrrnir Dymcfar OPEN SPACIE ILALMD USE Open Space land in PlamAng Arcs VI is defrrlcd by the areas adjacent xo the Golf Course Soppor#irlg facilities are located on adjacent fingers of greenbelt within t5e dovcaopment ]PkM The fall mving development staijdards appiy to the construction of buildings for supporting golf and zesident4l features (such as m. troom buildings) ark pxoperty designated as Groff Course G - { I3}on the Land Use Plafl. ANC ELLA'[li'Y WILDING DEVEI OPMEENT STANDARDS Max. Building Height M ft." Max. No. of Stories 1 Min. Setback frain: Street or Parkins Stall Curb 2 ft. Pedesuian Circulation Walks 2 ft. Str VLUV setback 4 ft. Min. Bi iilding to Building Setback S ft. Min. Into iorfExterior Side Ya d Setbacb to ac3acent Iot 0 ft_ M.&%imurn Alimvable Screen Wall Retght S ft. •Hot inaludw$ baiidtng FTC nations lhot uy nontmewal to tha fium i6nsl space of dift bxrldang (i.e. WJ lowors aw) wlwh may cstr nd an addruea ¢1 10' m }sight prof'ic Amn 03-1367 3,19 541 3.2 SPECIFIC FLAN AMENDMENTS Mix)r modifications to the approved Specific ]plan 03-067 are allowed at the discretion of the Commmity Developnwnt Director or Designee_ Future rnfldifucations to the SpecTW Plan 01-067 roust bo comistent With the purg a and intent of the c=erxt Approved Original Specific Plan and its amendments. 3,2,1 Spccifc Plan Amendmenit Procedures Minor modifications to the approved Speci6c Plan 03-067 ire allowed a2 ttLl- discretiant of the Conimur ity Deve1ppment Director ar dmigacc, A. Changes Thal At hol RertreA S'pecffe Plan A endwem. As development within tiir Specific Plat 03-O67 progresses, it may be derrtonstraled that ortain dclail ch-aages are appropri- ate, in mole ement oftho Spwific Plan, fharefom it is intended that !ha Spezific Plan Documcnt provide flexibility -%v11 t respect to the interpretation of the details of prfljert cievelnprimnt as we11 as those items discussed in genemi terms in the Specific Plait ffand when it is determined that changes or adjustments rarer neccssaryr or appropriate• these changes or adjusnnents shall be madc as an administrative procedure approved by the Comrnuttity Dcvelupinenl Director Dr designee. After such adrnrnistraltve change has txeen apprevcd, it droll be atisched io the Specific ghat as an addendum, and may be further changed and amended from time to lime as necessvy. Any such 6dministrativc changes do not TtgWre a Specific Plats amendment process. The following changes to the ,specific Platt may be made ivilknut amending the Specific Plan 03-067: • 'T'he trrirssfer of dwelling units from one plaFthng area to another within a single plaftr ng area while frMintaiiiing the rnaxiantim Dveta11 Specific Plans dwelling unit number ofuniis. The addition of nrw information to ft Specific ,PIDn maps of text that do not ckangc the effect of any regulatioai The new information may include more dctaiilc , sitaspecific informatian. if this information demorrstmtes that Planning Arcs boundaries arc inaccu- rately designated, based upon the Boas of the Specific Platt, said boundaries may be adjuncd to reflect a inure ao,,uraatr, depiction of on -site conditions, wilhoul requiria g a Specific Flint Amendment Adjustments to the golf corridors may be made resulting in aL coxrespondin8 ohiwge to the adjacent development parcel without the requircment of a specific plan amerxdment. • Changes to the Cu=Lmhy M-astru=e such as drainage systcrizs, roads, water and sevvtr systems, etc., whidi tie not two lbc effect of increasing or decreasing capacity in the project area beyond ilic spec -[FM density rangw aw increase the backbone infrastrue^ tune construction or maintenance costs. C`ltanges That Req&"-re A ,u,pcciflC Phut Aawndment: if it has been dcternti d that the proposed change is nest in c rforrrtance with the intent of the CkIaeatt Specific Platt approval, tits Specific Plan may be ztaaieaded in accordance Mth the proce- dures set farth in Chapter 9,240 of the City of La Qui-nta Zoning Code_ 3,20 llhaci�ic Piuiz D3-067 542 33 DENSITY TRANSFER PROVISIONS The transfer of residential density from one Residential ?"i:ng Area le another Residential Planning Area within the Specific plan 03-067 boundary is permitted bayed opon the provisions herein. Ptovislons to t1le Planning Area Statistical Summaries made in accordance with these pro- visions do aot require an funendwent to the specific Plan. Transfer$ of density may be approved to add os reduce the number of uni15 within a given Residential Planning Atea up to but not exceeding 29% cf the Target Units for each Planning Area. Residential density may be transferred from tiny Residenda] Planning Areaall ming residential development to any other Residential Plam tug Area allowing residential dzvelopment regardless of Planning Arna location or intensity residentia3 land use category. Within the Planning Area receiving ripe Mmsferred densif3; the perms Aed density need not be evenly disrhbuted to all sub- divisions which oemprise the "receiving" Manning Area. Application for Density Transfer shall bezade its vaitingto the, CiDn,munity Development Dircctox or designeeand aftalJ include the fol- ]owing: Loca#ian ofpmperties to be iavolvdd itt the transfer including the Pluming Area or oftr lot at disirict designations. The number of units to be transfetted gran onc planned are is another. A calculation of acreage for earb affected Planning Area shDwiag the current number of allow- able urxits, the proposed our bee of allowable units for the effected Planning Ards, aud, if the transfer its rtpporaved, the incrume and decrease fexpresse€1 as a perccntage of the preuiaus approval unit count.}. The Ccmmunity Developmew Director or designee shall approve the Density Transfer if the NJD" i€tg c*nditians Due rnet; The overall goals of the Specific Plan 03-067 as untended are maintained, The full range, of housing stock remains avej lable. Commpntty fiwL idm such as schools and parks can eccommadate the additiaml units in the affected area_ lnfiarructura facWties suph as roads, sewer, and ranter can accommodate the additional kinits in the off A-ra. ptopo sod densities are compatible v ritfh existing {City of Lai Quinta G eneral Plan Land lase desig- natiop s. Spenifia ,Plxr, 43-06Y 3.2.1 543 General Plan Consistency C.'tlifornia Goverment Code (Tilfe 7, Division 1, Chapter 3, Article $, Section 65450 - 6 54 57) perrtt,ts Eli-, adoption and administra tic n of sp=ff c plans as an briplem=aiion tool for eiements cordained to tiie local gcneral plan. Specific plans must dcracnstrate consistency in rep iations, guidelines attd programs with the goals and policies set forth in die general plan, Tha City of La Quinta General Plan coutains the following elements: Land Use, Circulation, Open Space, Park-s and Raereatinp., Environmental Conssrmtion, Imhastrucu a and Public Services, Environmcsstai Hanrds, Air Quality and ]Housing, Bach element of the General Plant contains a su aiy of ktV iss= whicb direct a -ad guide that c1mcni's goals and policies. The siunrrstuy+ of key issues is used in the Specific plan 03-067 as tale basis far evaluating the Speciftc'Plan's consistency with the City's 0e1imI Plan- Applicable key issues are stated below to [lowed by a srafement of how the prrjm � Speeifr`c Nan ors amended cogrorm.s ihmec). 4.1 LAND USE ELEMENT Maintaining the City's lour d sity readeutiai ch=cter With a balance of supporting romrrrerciai and community faciiitim 77re lard Use Plan of Specific Man €3-067 deaigmdev the rtarjority of the ,site as Low Density Residomial m waff a T Open ,space and goof use. ,5�rppartira�w cr�mrn cxal Spc�cif "xc Plan tit amas adjucanf eo c riving $11PP62•hrrt; r`rrfraslrercl7 rae_ The City enjoys a reputation as a dasirable locale. The City's unique and attractive char=ler steins from a combination of its envirenmentai setting near the mountains, the "La Quinta" irnag�&., The Develapar of the Specec Ban 03-067 h&rtor Plan eiyojas a foundarlon of hosting rratiorially recognL-ed golf cvenbv copifrrli_-ing on, and reirrforcing, the Cfcv s uneque selling jor championship golf recreutinn umf the nuforiery Char curries with pnw;ier spovting eipent hry arkam worldwide. A3 Ute Commercial devciopment continues in the City, potential 'ucorapatibiiities between land uses will need to be addressed. Visuzd, audible and odoriferous impazu will have. to be addressed through design, buffering, screening and other mitigation to imiques. Speclfrc Plan 03-467 desigpvve-� the major Fry of the site as Lori Veivr4j, R.-srdeafiaf and ch[ttryrcrrrshrp gaff ame-nilte.R_ Supporting and adlc ueni developrrmeng is phumed in a variety of heights met# elmw3 Oonc Fr order~ to minimize the igYuaf hwpacr while providing greenbelt dcreenv is negative qff property irrfl c" Yuch as traffic. noise and related hnpuax. space€. P1.1 a1-067 4.1 544 The tread of walled residential subdivisions has =ulkd in many types of peri=ter wail irearrWs in the City. The lesion of thrso walls and othrr demem of tk streetscape should be mrdiDatd to crcatemcre of continwis appmmw thmughma the e'n&C nomrmurr ry, Y he _perm elar ►vat? ftaftcrrt suk-Zgested for c1ffe P2or 03-067 establishav a mrrsrsaml lixme via cwd rraacausplawings and &.s e# viNe ue[l ray the City in rlsrs ,02reolent M:l dntain the City's loaf density -residential chuac#eT with a balance ofsupparfi sg commcrr. laj and tomrmunity facilities. The Laird Uve Platt o• f the Spiwific plan 03-067 Sp cif c Plan designates the maforay of the site er Low Demiry Residential Residential .ser vig eorrmxrcial Avelownem is planned with W the Ne:ightor ho C'oa=erakl larul wa of &a ,S rec f c Mon. Ukvelapment should W be allowed uri hillsides nor alluvial fan arcw to prmb-xt the scenic wsaurces of #lie City. • The project bm dary oj-Specific Plan 03-067 is ovside of the prwrine hr -fides and alluvial fan areas and therebrc gewercate-s no impact to these vuluahk resources, 4.2 CIRCULATION ELEMENT • Roadway cla,3sifioxions aid design srAndards should bo Ceased are current esdinates of build -out refleo6ng approved development projects. ,De}veiopmew xwnda+rls° of perlra ewer roadways are established in the General Plan Circulation Element. Existing and proposed madwua), inWrovcmcnis m and around ltze project boundaryan based on cr mnt eslrrttw" of brrilr�vui audconsi4ernt with i}re grads an4,vlfcies esrahlish&l in the CFi=darion Element of the- Gcmcral P{cm • Ahffmmive circulation system improvements =--d to be dcvelopt-d ro relieve traffic congestiort along Wasluup-rWn Strec t_ .5�=Oo Plan 03-061 ah Wrs Madidan and Monroe Sftea and rats prirrrury and secondmy r3acre�t s from tlrete roaclw s'. lxrapar s to Jefferson Strew are minimal due 0o the: drs•trrrr-ce front the prvjea site.. Traffic impacts rudfi ng frtarn devcIopraml should be idenf fed througE a mandatory traffic impact awlysis proms. A-Velopr;ent pr jeas crt ,Spade Plan 03-067 are subject to d7is rer uh-ement established in the DevcfnpmewRe Iew.Procem dethicatwd m this 5pecoc Plan docranent as a7r a ded, Nde=strian and hiuycle net corks should be developed which link activity ccnters in order to faciiitatc recreational walking and bMng and to establisb non-autnmutNe transpoetation as a viable aliernativa to driving. lnterrral goTcxtrl, blcyde, andpadearr-ian ance<ss is iaxLwporcfterl in the Circulaliarr Plan for Specrfic Plan 03-067 cmd is accarrmnzo ated ore the existing and planned roadway system, 1.2 Ptm 03-067 545 - Tle circulait cm system should bs designed cad mRh)rained to eneouagc Wai dng, biayclisjg and trarLsit utiliuboa as altetTw ives to antornobile Travel. lmproyements to existing transit smioe should be considered, including provision of addilional transit stops on major xoadways and covemd bus sbelters at all exisdng end future slaps. The developmem along the. perimeter of Spectf c Plan 03-067 designates loccrtions for transit .slaps andshelter•s. Tire internal the arse ofgolf carts. p{dwrnanjvrhs and shrritles as es weans sfrni-nimizmg vehicular h•a,�ic. 4.3 OPEN SPACE ELEMENT DeveloMerit on -dune, areas should be enhanced to gczen uate the sctriio, topographical and cultUS0.l Fesoi rces ofibe City. Ailhough ria ereat of typical drme larrtlforrn exisr wrfhin the rnirrrled *ce ?c Plan boundmy, the landwcapo care pr designates ryes the drdrre pOr•riarrs uf,$pecr)lic Plan 03-067 a,s rr vafr�uhfe resource i be arFtegruter# irrtn the �s�errrl! rrrusterpl�riz of afeveloprnerzt Ineither lmrdfor•nr Wass and ropog lty or in punt rrwaterial rFiema 77te Chavipionship Golf' Cj Sr es plrinn(W for• curlsirucrion will utilde spread and sigrrf:ficane Fvpog:aphy in an err wr`ranmendally responsible manner, to create drarnaiicscerrtc rawur•cirs•. Open space should be defined to Mclude U151-de areas, alluvial farts, water courses, golf course , and nmral parr areas, s*latural, it proved and unimproved typa:� of open space should be included within the def'mition, Lakes and dramatic earduccrping are the pr dot h7erni landscape Merne 1hroughow spcoylc Plata 03-067 lawhwape archrtvalim av pianr:ed arrd will be integ^ared into the overall rrr❑slerplan graclmg concept. Aga a I ink to the Comity's culwra.l pas4 ei,emoats ofexiseing citrus orchar��, date palm graves and lamvng meal should 6e I reserved Specy)c Platt 03-067 14-M utifize the i=czvs a. the Rancho La Quorea 1=4-cape concept which esrab}ished Citrus " rovev" as aprimary imagirw dreme in 1yaAcape arch rft clure. Strrrtlarly, Date Palmas will he rstsdcrc the pritrurry wrlrcul staterrrenf at the entry prim ra the protect as well as within the hovlr-vend lrsadreape theme, • Pennitted lard asses and standards for development in open spwe and watercoussp- areas should be idcntilXe i. Develuprrrerrt ,standards Jvr• �S�er; c Pfarr 03-067 crre dohneated in Sevcliorr 3, Zoning and Develnvrrent Regzda'lr'ow. within thex dacwriew for development rrr opera spate rod water course tows. Spcci{ t PJnki 03-067 4.3 546 C :..• lk tip.-I#� -11 i � 1 � ►ilk • Pare and racremkn uses should be lora#ed in proximity to residential USW to facilitate pedesft•ian access aad should include the provisicm of appropriate fh6lit es. Te)c nraster pfa}x for developmstit Wthin Spci�fiu Plan 03-067 has, as a pilmary jc6la, rrecrertrron awRnitres for golf, lennis, ondpai'sive Walking -wiflrrn the prgjact ,fide, An iniegaed hcycSe net qot and well funciaamng pe&--Wan path sys[ermi strauld be provided Bike-wtkv are-o prr,,crm za-z of 1hepriuots nxu&gysAtcan within$pec ePlcm 03-067 with co nz2ections to Me exist ertablkhed nerwrfr'k refbikel ehi on od,f[ xnr cimufnlion frizks. Scwage effluent should be utilized for lark turf (j,c., goV course, active reacation) aTeas and drought tolerant plant species ;Kaald be used to "uce the impact oa tltc potable water supply of the City, When economimily fensible, recycled warier sourves are amisioned as a SD711 of h7Waeia21 wtxter fnr ChO rerre41iQn efemerzrs of tlac pfrJr+ area. Droug;rl r8,0,varal pldn t material 4V IF staple of the palette i+lti n thr-, plan area. 4.5 ENVIRONMENTAL CONSERVATION ELEMENT Scenic, oomder^s, vistas and view sheds of'the Santa Rosa and (:oral Roof Mountains, m well as views toward the San Gorgonio Pass, should be preserved and enjianced Utility rc un;cs should be conserved utilizing a varieiy of feasible strmegir-s. Reryoled wra,stc+water will be ufdiwd al .3pe6& Pima 03-067 to ,supplerrranl irrigalWn demndv an cc econorriicaU), c padarble fey tnfnhnIze water ccrasimiption. • The City should be protected from the adverse impacts of storm wafer runoff, including pwP Y daftiage aS well as water q ual ity. The golf course is designed with bca mr within the corridors to praijide Slop" water fvrention dF rin3floodhig Permitted land uses and standards for development in open space and walcrcoursa areas Aouid be idortified. Golf oow-,qe arse f alura,� Fire irzlegralion of walershed 3nxrz:e wifh open space and are designed w8hfit. the con-0or's to provoi� storm water refenfiwr during flo6ding. The giWity+ and g=ntily of g*roiu-idwater shock} '�a pmtncted and maintained. 'Water cmnervatiau efforts should be maiatoiuec� expanded and implernertted. .Lakin wirhOz ilie pftvwve buwkteF}, provide. for go -age of run-cff for zfcc br irrrgcttt)n - .A Sp"ilie ply„ 03-U67 547 4.6 INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT • Utility resources should bo cornsemcd utilizing a variety offcasiibie Arafties. A Y stm mr es are hWh to City Zwing and Vtvsh pmmf Coo' and rlxc uneorm building code standa,,dswh ich implement a strulegy of conservarzim of ca3 aW and r'eso ioces_ Adegaak Icvets of law eafinement, fire protection, health cafe services and facilities should be provided in T%-a.-,onable poxini ty'to City 7esidmts. Yk-e Spec Plan 0.3-067 prOjea contrfbufes to irrfxcrslruatrnc fees fO rrritrgate 7ny perceived ample and pmvide,v raddiiitmal .YP.c:unity pers-orurel thereby reducing The ra?gWepd manpower frYvar the cay' ` law "foruplane .services. • The recycling, reduction and ruse of waste generated Ln the City should he supporrd by the City. All structurav are built to Ciry Zvnhrg and Development Code raid the nnr fort: hwiding code standards ► bich Apletnenl cr stlraegy of convervution of energy and resources: • Frequent cai ection of solid waste and adequate tii Nsal should be provided to keep the City clean and dinease-free. ?"fie Spegflr Plan 03-06-7 prrrj, � contrrbui a` to infi-miruattam feer to rralrrgate arty pemeivud bnpr vL 4.7 ENVIRONMENTAL HAZARDS ELEMENT • They standards for devclopmeirt should be carefully regulated to miain = auctural damage and loss oChfe Glom eartbquakC 5), even though tho City is lo=ed in a Cove i ntmr&ity ground - shaking torte. All strucium& are Elvin to Ctry Zmtng crud Development Code and tine uniform buifdhg itrrfe ,ifatick ds which impfernant er stro't6g crf coruervahon of energy and rem umes_ 'the developmcnit of areas located within 100-year lioodplain baundaxies and not prates#ed by existing storm water facilitim should be addFessM, Alf x1ructmws are hidit to Cif Zoning and Developmcne C ihfc and the vitiform building code mandardi which implerrrerrt a Yfrute�y of c an.varrarion of enerTl and rp-r-aurcW, uhsidmca harards for the eastern portion of the City due to its ioea6ml withitl a region characterised by potential soil lieie Oar-tion during severe ground shaking should he reduced if possible. rill 314W=9 W'C fxWlt to City zvn r3z and Nwdopinenr Conde and the im#i rzn building code .stondarclt which lmpfe near a strategy of wns'erucePon ofejrergy and nuouces, sr;eaific ?I= 03-.067 4.5 Noise mitigation should be considered wide all development near an -fetal strrets. Setbacky. from adjacent orterials are required by City devefvpnimt regvlariorx ri noise study has'been prepared for develnpmeN adjacenr to arterials wd when developrnen t us repined by the City of La r,ir a Canrmimity Developnc ni Deprarment The factors that contritmie to the increased risk of fire hamd should tie reduced to protect La Quisyta citi ns astd stmetum frotu fire dam v. ,4113trrscPet's arc hurlf io Cily zaning and Dewelopr3 W Code fwd the unifarm building code astandaMd wh ich implerr end a s'trafegyr of convervutlon of anargyr and rexourca. 4.8 AIR OUALI Y ELEMENT 4.6 'l ha statioaary W mobile source of air quality meets associated wdL now development should be addressed. An anolywis of theAlr Qwdify furs bcyen prepw-ed M conjuncrion k'Y ih the pmvfow ��pea�f+c Plan amendment #l. All perceived impacts asx0ciared With this prrlfect pmposal Evill be tnittgafed to a level 0'193rgn jicance. - Tire Appflcant .shaU irrdizc blow sand and dust control mca=vs in accordemee tivith the nic oal Corte and the Uht(orrrr Bevidirrg Code and .40ject to the Vprovaf of the City Enrgineer. Padkrrlar corn shall he exercised during perrvds of aoiemk: wind activltyt Air analysis ofthe Air Quufiry [tax beenpropaivd ire corijunction with the prvvloux Spar YPc Plan rvnendmenr W. All perceived impacts ay.vociared with m- I will be rrsftlgateelta a level of i=ign# caeca. At th? rime of s7abrpdttal of rentacflvc tract maps or plains for wiy zoning approval the Applicam shall dcrrrc+ wr•ate that adequare pr9visiorr h44- been irrade for mote-arrtamotive rrrears of tran7porealion within the prrj ct ,situ its a Jnwns cf xeduairrg dVxadLnce an pri�csv to awoAwbilej. 77%ry may lizcWe &vy =f path systems, bnyeie zad pvdanrlan sygtopnr, mid Other si► filar .systems coasr`slew wid{ the spociJrc plan. Spec] o project designs dhoti anconr'ago the fuse of publrc iransir bi, pMviding for but stopz as rapdred by rite CwnmvnJt1, Development Director arrd cnnsicfenr with the rctpdrernerrts of ioc al d•aavir dt&'hl rs and the spac�rcpkv- The A pplicam .virall encourage and $uppDPI The rise of S nrline v iWbfa service and Deaf -A -Hide hetween Me project site, local airports (e.g.. Paint Springs, n rmaf) and other regional land uses. pecifio Phm 03-06.7 549 EXHIBIT B CITY COUNCIL RESOLUTION NO. ADOPTED: GENERAL PLAN CONSISTENCY ANALYSIS A. Land Use • Goal LU-1: Land use compatibility throughout the City. • Goal LU-2: High quality design that complements and enhances the City. • Policy LU-2.1: Changes and variations from the Zoning Ordinance in a Specific Plan will be offset by high quality design, amenities and mix of land uses. • 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 residential product type to meet the needs of current and future residents. • 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-6.2: Maintain commercial development standards in the Zoning Ordinance including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development. • Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City's economic base. Consistency: The site components (neighborhood commercial, low density residential, resort residential, resort hotel, resort amenities, recreational amenities, and open space) are compatible with surrounding residential, open space, and neighborhood commercial uses and designations. Lands to the north of the project and south of Avenue are designated Low Density Residential and Medium Density Residential. Development of these lands would be governed by the City's zoning standards, and would consist of attached or detached single family residential developments (two to four units per acre for Low Density Residential), and medium density neighborhoods (four to eight units per acre). This development is expected to be consistent with and similar to the uses proposed within the project because the project proposes a maximum of 496 low density residential housing units on approximately 232.3 acres, as well as a maximum of 104 resort residential units, on approximately 40.5 acres, which would be similar to the density and intensity of development allowed under the General Plan. The project is separated from adjacent uses by surrounding arterial streets 550 and physical topographic barriers, such as Coral Mountain. Off -site development includes the connection to an existing Imperial Irrigation District (IID) substation to provide electricity to the project site. The off -site improvements would not impact land use of the off -site areas. The Coral Mountain Resort Specific Plan includes detailed design guidelines in Section 4 of the SP to guide high -quality development throughout the Specific Plan area. The project includes both neighborhood commercial and tourist commercial land uses which will generate revenue and create employment opportunities. The proposed project would increase services associated with tourism and neighborhood commercial uses. The project proposes housing of varying types and sizes with access to resort and recreational amenities, thus enhancing housing choices for potential buyers. Planning Areas II and III will offer a broad range of housing options on the site. Planning Area II, designated as Low Density Residential, anticipates detached or attached residential dwelling units with densities ranging from 0.8-4 dwelling units per acre. Planning Area III proposes the development of resort residential dwelling units with densities ranging from 2.5-2.8 dwelling units per acre. Consistent with Policy LU-5.2, Goal LU-6, and Policy LU-6.3, the implementation of the Tourist Commercial land use designation and the associated development of a recreational facility and hotel will promote the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386-acre property. Additionally, the residential uses will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. B. Circulation • 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. • Goal CIR-2: A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks. • Policy CIR-2.2: Encourage reduction of greenhouse gas (GHG) emissions by reducing vehicle miles traveled and vehicle hours of delay by increasing or 551 encouraging the use of alternative modes and transportation technologies, and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions. • Policy CIR-2.3: Develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi -use paths and places of employment, recreation, shopping, schools, and other high activity areas with potential for increased pedestrian, bicycle, golf cart/NEV modes of travel. Consistency: The project proposes a private circulation system to provide safe and efficient passage for pedestrians and motorists throughout the site. The project proposes a multi -modal circulation system, aiming to decrease automobile dependency by providing transportation facilities for a variety of user groups including motorists, cyclists, pedestrians, and drivers of electric vehicles. The project proposes a private circulation system that will safely accommodate both vehicles and pedestrians with shared low- speed, low - volume internal streets. The multi -modal transportation system will consist of off-street bicycle and pedestrian paths/routes, sidewalks in higher traffic areas, enhanced pedestrian/bicycle crosswalks, pedestrian and multi -use paths and streets, traffic calming methods, short street segments with frequent caution zones and stopping points, golf cart and other alternative forms of personal transportation. C. Livable Community • Goal SC-1: A community that provides the best possible quality of life for all its residents. Consistency: The project includes elements to address the goal of the Livable Community Element, which is intended to assist the City in developing a more united community through resource conservation, built environment enhancement, promotion of alternative forms of transportation, and improvement of community health. The project and Specific Plan are consistent with this goal by promoting a high -quality mix of uses that will contribute to the built environment, promote walkability in the resort center of the project, and provide opportunities for active recreation. D. Economic Development • Goal ED-1: 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 balance of land use designations to address economic needs, meet market demand, and assure 552 a wide range of development opportunities. • Goal ED-z: The continued growth of the tourism and resort industries in the City. Consistency: The project proposes a resort with up to 150 hotel keys, a water -based active recreation amenity, and resort residences that will expand tourism opportunities and promote fiscal stability. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. The project promotes the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386-acre property. E. Parks, Recreation and Trails • Goal PR-1: A comprehensive system of parks, and recreational facilities and services that meet the active and passive needs of all residents and visitors. • Policy PR-1.4: The design and construction of parks and recreational facilities shall comply with all the development standards that apply to privately constructed facilities. • Policy PR-1.6: Encourage patterns of development that promote safe pedestrian and bicycle access to schools, public parks, and recreational areas. Consistency: The project designates areas set aside for recreational open space uses, as well as a water- based active recreational amenity that will provide recreational opportunities currently not available in the City. Additional open space will be scattered throughout PA II. Planning Area IV proposes approximately 23.6 acres of land zoned for Parks and Recreation (PR). This Planning Area will include active and passive recreational activities such as hiking trails, biking routes, and a ropes course/zipline. F. Housing • Goal H-1: Provide housing opportunities that meet the diverse needs of the City's existing and projected population. • Policy H-1.1: Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. • Goal H4: Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. 553 • 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. Consistency: The project proposes the development of up to 600 attached and detached dwelling units with densities ranging from 0.8-4 dwelling units per acre, thus contributing to the City's market rate housing stock. The project will complement the surrounding residential communities. Development of resort, neighborhood commercial, recreational open space, and residential uses will add value and amenities to neighboring communities and the City. The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and water district regulations and building codes for water conservation, energy efficiency, and building standards. The project will also comply with all applicable green building requirements. G. Water Resources • Goal WR-1: The efficient use and conservation of the City's water resources. • Policy WR-1.1: Support the Coachella Valley Water District (CVWD) in its efforts to supply adequate domestic water to residents and businesses. • Policy WR -1.3: Support CVWD in its efforts to expand tertiary treated (i.e., reclaimed) water distribution. Consistency: The project promotes water conservation through the use of drought tolerant plantmaterials and water efficient irrigation techniques. The project will comply with all City and Coachella Valley Water District (CVWD) regulations and building codes for water conservation. Additionally, recycled water will be used for common area irrigation for landscaping. The Wave Basin provides a recreational amenity to support the proposed resort and residential uses, and does so with substantially less water demand than required for alternatives amenities, such as an 18-hole golf course. H. Open Space and Conservation • Goals OS-1: Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental, and economic purposes. • Policy OS-1.1: Identify and map lands suitable for preservation as passive and active open space. • Policy OS-1.2: Continue to develop a comprehensive multi purpose trails network to link open space areas. 554 Consistency: The project includes significant open space amenities, including the protection of Coral Mountain through an Environmentally Sensitive Area. The project incorporates connections to the publicsidewalk and public trail system for convenient walking, jogging, and biking activities. Planning Area IV proposes approximately 23.6 acres of Open Space Recreation land uses, in which low -impact active and passive activities, such as hiking, biking and ropes courses are permitted. PA IV will be retained largely as natural desert land. The perimeter pedestrian improvements will connect to the surrounding community. However, the project will not connect to existing trails or open space areas, outside of the project boundary, because there are no existing public trails in the immediate vicinity of the project. I. Noise • Goal N-1: A healthful noise environment which complements the City's 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 the Noise Element. • Policy N-1.2: New residential development located adjacent to any roadway identified in Table IV4 (in the Noise Element of the GP) as having a buildout noise level in excess of 65 d8A 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 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-1.5: 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 establishes residential, resort residential, resort, recreational, and neighborhood commercial uses with compatible noise levels in an existing residential area. These uses maintain and enhance the City's residential and resort character and will be subject to the City's noise ordinance. Noise levels on Avenue 58 and Madison Street are not excessive due to the low traffic volumes, and the project will be buffered by a perimeter community wall. 555 EXHIBIT C CITY COUNCIL RESOLUTION ADOPTED: R/W 766�070�00�3 TO REMAIN — GE� ERAL COMMERCIAL 70070.0<4 I 766�070�0�� FROM LOW DENSITY RESIDENTIAL / OPEN SPACE - RECREATION TO LOW DENSITY RESIDENTIAL 766-070-006 J ' � of — � � I � / 766�Oo�30o�OoOo� 766�Oo60o�OoOo4 I FROM LOW DENSITY\ 766-080- FROM LOW DENSITY RESIDENTIAL / RESIDENTIAL OPEN SPACE - RECREATION I OPEN SPACE - TO / RECREATION \ TOURIST COMMERCIAL TO OPEN SPACE RECREATION 766-0060-009 764-210-022 764��00� C` 076 � �I 764��90� Oo0o7 -T" OF 764-210-028 r� 1 I IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA GENERAL PLAN AMENDMENT FOR TENTATIVE TRACT MAP NO. 37815 EXHIBIT DATE: MAY 15, 2020 DATA TABLE APPLICANT / LAND OWNER: CM WAVE DEVELOPMENT, LLC. 2440 JUNCTION PLACE, SUITE 200 BOULDER, COLORADO 80301 ADDRESS: CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS: 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 PAUL DEPALATIS, AICP TELEPHONE: (760) 320-981 1 CONTACT: ASSESSOR'S PARCEL NUMBER: 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002, 766-080-004 & 766-080-005 LEGAL DESCRIPTION: PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. -V R,�1` 0' 600' 1200' SCALE 1 "=600' 52ND A 54TH AVENUE CITY OF LA QUINTA w G� AIRPORT BLVD N.T.S. SITE 60TH AVENUE COUNTY OF RIVERSIDE w w h z O U 556 CORAL MOUNTAIN RESORT SPECI FIC PLAN SEPTEMBER 2022 I' Prepared for: THE CITY OF LA Q U I NTA, CAL I FOR NIA DESI G NAN D DEVELOP ENT DEPARTMENT MSA CONSULTING, INC. > NN ING> CIVIL ENGINEERING>LAND SURVEYING 557 Table Of Contents Coral Mountain Resort Specific Plan TABLE OF CONTENTS CHAPTER I: INTRODUCTION..........................................................................................1 1.1 EXECUTIVE SUMMARY ........................................... 1.2 PURPOSE & INTENT ................................................ 1.3 PROJECT SETTING ................................................... 1.4 PROJECT HISTORY .................................................. 1.5 ENABLING LEGISLATION ......................................... 1.6 CEQA COMPLIANCE ................................................ 1.7 SUSTAINABILITY AND PROJECT DESIGN FEATURES 1.8 GENERAL PLAN AND ZONING ................................. 1.9 ENTITLEMENT PROCESS ......................................... 1.10 FUNDING AND FINANCING .................................... .1 .2 .3 .8 .8 .9 .9 10 14 15 CHAPTER 2: MASTER PLAN.........................................................................................16 2.1 LAND USE PLAN .......................................... 2.1.1 Land Use Summary ...................... 2.1.2 Planning Area Descriptions ......... 2.2 PHASING PLAN ........................................... 2.3 CIRCULATION PLAN .................................... 2.3.1 Vehicular Circulation ................... 2.3.2 Street Sections ............................ 2.3.3 Non -Vehicular Circulation ........... 2.3.4 Traffic Calming ............................ 2.4 OPEN SPACE ............................................... 2.5 SHEEP PROTECTION PLAN .......................... 2.6 INFRASTRUCTURE PLANS ........................... 2.6.1 Water and Sewer Plan ................. 2.6.2 Drainage Plan .............................. 2.6.3 Off -Site Electrical Improvements .....16 .....16 CHAPTER 3: DEVELOPMENT STANDARDS...........................................................47 3.1 PA-1 NEIGHBORHOOD COMMERCIAL(CN)..........................................................47 3.1.1 Development Intent..............................................................................47 3.1.2 Allowable Uses......................................................................................47 3.1.3 Development Standards........................................................................48 i 558 Table Of Contents Coral Mountain Resort Specific Plan 3.2 PA -II LOW DENSITY RESIDENTIAL (RL) 3.2.1 Development Intent............ 3.2.2 Allowable Uses .................... 3.2.3 Development Standards...... 3.3 PA -III TOURIST COMMERCIAL (CT)..... 3.3.1 Development Intent............ 3.3.2 Purpose and Intent .............. 3.3.3 Allowable Uses .................... 3.3.4 Development Standards...... 3.4 PA -IV PARKS AND RECREATION (PR). 3.4.1 Development Intent............ 3.4.2 Allowable Uses .................... 3.4.3 Development Standards...... ..... 49 ..... 49 ..... 49 ..... 50 CHAPTER 4: DESIGN GUIDELINES..........................................................................59 4.1 NEIGHBORHOOD COMMERCIAL (PA-1) GUIDELINES.......... 4.1.1 Design Vision ....................................................... 4.1.2 Materials............................................................. 4.2 LOW DENSITY RESIDENTIAL (PA-11) GUIDELINES ................ 4.2.1 Design Vision ....................................................... 4.2.2 Materials............................................................. 4.2.3 Massing and Scale ............................................... 4.2.4 Architecture........................................................ 4.2.5 Outdoor Spaces ................................................... 4.2.6 Parking................................................................. 4.3 TOURIST COMMERCIAL (PA -III) GUIDELINES ..................... 4.3.1 Design Vision ....................................................... 4.3.2 Elements.............................................................. 4.3.3 Materials............................................................. 4.3.4 Building Material Vignettes ................................. 4.3.5 Massing and Scale ............................................... 4.3.6 Architecture........................................................ 4.3.7 Outdoor Spaces ................................................... 4.3.8 Parking................................................................. .............................. 60 .............................. 62 .............................. 63 .............................. 64 .............................. 64 .............................. 66 .............................. 66 .............................. 66 .............................. 69 .............................. 70 .............................. 71 .............................. 71 .............................. 72 .............................. 73 .............................. 76 .............................. 77 .............................. 78 .............................. 84 .............................. 86 ii 559 Table Of Contents Coral Mountain Resort Specific Plan 4.4 LANDSCAPE GUIDELINES......................................................................................87 4.4.1 Landscape Elements..............................................................................87 4.4.2 Thematic Planting Zones.......................................................................88 4.4.3 Plant Material Palette........................................................................... 96 CHAPTERS: PLAN ADMINISTRATION....................................................................99 5.1 IMPLEMENTATION...............................................................................................99 5.2 AMENDMENT.....................................................................................................100 5.3 INTERPRETATION............................................................................................... 101 5.4 ENFORCEMENT..................................................................................................101 CHAPTER 6: GENERAL PLAN CONSISTENCY......................................................103 6.1 LAND USE ELEMENT........................................................................................... 103 6.2 CIRCULATION ELEMENT.....................................................................................104 6.3 LIVEABLE COMMUNITY ELEMENT......................................................................105 6.4 ECONOMIC DEVELOPMENT ELEMENT............................................................... 105 6.5 PARKS, RECREATION, AND TRAILS ELEMENT ..................................................... 105 6.6 HOUSING ELEMENT............................................................................................106 6.7 WATER RESOURCES ELEMENT...........................................................................106 6.8 OPEN SPACE AND CONSERVATION ELEMENT .................................................... 107 6.9 NOISE ELEMENT.................................................................................................107 iii 560 Table Of Contents Coral Mountain Resort Specific Plan FIGURE LIST FIGURE 1: REGIONAL LOCATION MAP .................. FIGURE 2: LOCAL VICINITY MAP ........................... FIGURE 3: AERIAL PHOTOGRAPH ......................... FIGURE 4: EXISTING GENERAL PLAN MAP ............. FIGURE 5: EXISTING ZONING MAP ....................... FIGURE 6: PROPOSED GENERAL PLAN MAP ......... FIGURE 7: PROPOSED ZONING MAP .................... FIGURE 8: CONCEPTUAL LAND USE PLAN ............ FIGURE 9: VEHICULAR CIRCULATION PLAN........... FIGURE 10A: TYPICAL ROAD SECTIONS (OFF -SITE) FIGURE 10B: TYPICAL ROAD SECTIONS (ON -SITE) FIGURE 10C: TYPICAL ROAD SECTIONS (ON -SITE) FIGURE 11: NON -VEHICULAR CIRCULATION ........ FIGURE 12: CONCEPTUAL OPEN SPACE PLAN ....... FIGURE 13: CONCEPTUAL PBS BARRIER PLAN ...... FIGURE 14: TYPICAL PBS CROSS SECTION ................ FIGURE 15A: REPRESENTATIVE PBS FENCE PHOTOS FIGURE 1513: REPRESENTATIVE PBS FENCE PHOTOS FIGURE 16: CONCEPTUAL WATER PLAN .................. .............................................................. 4 .............................................................. 5 .............................................................. 6 .............................................................. 7 ............................................................11 ............................................................12 ............................................................13 ............................................................18 ............................................................ 24 ............................................................ 25 ............................................................ 26 ............................................................ 27 ............................................................ 32 ............................................................ 34 ............................................................ 36 37 38 39 42 FIGURE 17: CONCEPTUAL SEWER PLAN..................................................................................43 FIGURE 18: CONCEPTUAL DRAINAGE PLAN...........................................................................44 FIGURE 19: OFF -SITE ELECTRICAL IMPROVEMENTS...............................................................45 FIGURE 20: CONCEPTUAL PHASING PLAN...............................................................................46 FIGURE 21: CONCEPTUAL LANDSCAPE PLAN..........................................................................90 FIGURE 22: PLANTING ZONES DIAGRAM................................................................................91 FIGURE 23: PLANTING ZONES DIAGRAM: REVEGETATION.....................................................92 FIGURE 24: PLANTING ZONES DIAGRAM: DESERT GARDEN...................................................93 FIGURE 25: PLANTING ZONES DIAGRAM: DESERT OASIS.......................................................94 FIGURE 26: PLANTING ZONES DIAGRAM: VILLAGE LANDSCAPE............................................95 iv 561 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1 Introduction 1.1 EXECUTIVE SUMMARY The Coral Mountain Resort Specific Plan ("Specific Plan," "SP", or "Project") is organized as follows: Section 1: Introduction. This Section provides an overview of the document, project setting and history, existing approvals, legislative authority for the specific plan process, the method of compliance with the California Environmental Quality Act (CEQA), the existing and proposed land use designations for the area, and the proposed entitlements to implement the Specific Plan. Section 2: Master Plan. This Section describes the primary development plan components required for orderly development of the project. These include land use, circulation, open space, infrastructure plans, and characteristics of designated planning areas. Section 3: Development Standards. This Section establishes the development standards applicable to land within the Specific Plan boundary. Development regulations are presented for each Planning Area. Section 4: Design Guidelines. This Section outlines the broad design approaches and themes intended to guide the visual appearance of future development for each planning area. Section 5: Plan Adminstration. This section describes the various processes and procedures used to administer and implement the adopted Specific Plan. Section 6: General Plan Consistency. This Section evaluates the consistency of the Specific Plan with the City of La Quinta General Plan and relevent General Plan Goals and Policies. 1 562 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.2 PURPOSE AND INTENT The Specific Plan presented herein is a comprehensive planning and development document intended to guide development of lands within the Specific Plan area boundary. This document establishes development plans, guidelines, and regulations for the project plan area and specifies development criteria for various uses permitted within the plan area. This document is intended to ensure a high quality of development consistent with the goals, objectives, and policies of the City of La Qui nta General Plan and the development goals of the property owner. These include: To implement a plan that recognizes and responds to the natural and aesthetic character of the property. To create a private resort community with a variety of interrelated and mutually supportive commercial and recreational land uses that will also generate transient occupancy and sales tax revenues in order to enhance the City's economic base and long-term financial stability. To promote walkability and non -motorized connectivity as an integral part of the project design, including (1) establishing residential neighborhoods that are linked through multi -use trails that connect neighborhoods throughout the project; and (2) providing "walk streets" in the Resort area to provide internal connection between facilities within the Resort and the Wave Basin. Establish a density hierarchy that situates the highest density development within the resort and gradually reduces density asyou move awayfrom the resort into the surrounding residential neighborhoods, while maintaining the overall density previously included for this property in the Andalusia Specific Plan. Provide a variety of open space and recreational uses (active and passive). Design a planned community that complements existing development in the surrounding area and is compatible with the surrounding environment. Develop a high -quality private wave basin (The Wave) that provides unique recreational opportunities for future residents of the project, and that attracts resort guests and creates a landmark facility that will enhance the City's reputation as the "Gem of the Desert". The Coral Mountain Resort Specific Plan replaces Specific Plan 03-067 for lands west of Madison Street, and establishes new standards for development within the project boundary including a degree of flexibility to respond to market -driven demand changes. 563 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.3 PROJECT SETTING The Specific Plan area is located approximately 130 miles from the City of Los Angeles and the Pacific coast, approximately 250 miles from the City of Las Vegas, and approximately 250 miles from the Phoenix/Scottsdale metropolitan region. As shown on Figure 1, Regional Location Map, the Specific Plan area is situated in the easterly portion of the Coachella Valley within the corporate limits of the City of La Quinta, Riverside County. The project is accessible from Interstate 10 by way of Monroe Street with immediate access to Avenue 58 to the North, as shown in Figure 2, Local Vicinity Map and Figure 3, Aerial Photograph. Consisting of approximately 386 acres, the Specific Plan area is generally defined by Avenue 58 along the northerly boundary, Madison Street to the east, Avenue 60 to the south, and vacant land and portions of the flood control dike to the west. In its existing setting, the project property is currently undeveloped. Surrounding land uses are listed in Table 1, Existing and Surrounding Uses, and shown in Figure 4, Existing General Plan Map. TABLE 1: EXISTING AND SURROUNDING USES Jurisdiction General Plan Zoning Existing Use Project La Quinta GC/LDR/OS-R RL/CN/GC Vacant Avenue 58, Vacant Land, Single North La Quinta LDR/MHDR/OS-R RL/RMH/GC Family Residences, Golf Course South La Quinta LDR/OS-N RL / OS Avenue 60, Single Family Residences, Natural Open Space East La Quinta LDR/GC/OS-R RL/CN/GC Madison Street, Single Family Residences, Golf Course, Vacant land West La Quinta OS-N OS Natural Open Space General Plan Designations: LDR - Low Density Residential / MHDR - Medium High Density Residential / OS-R - Open Space - Recreation/ OS-N - Open Space - Natural / GC- General Commercial Zoning Designations: RL - Low Density Residential / RMH - Medium High Density Residential / GC - Golf Course / CN - Neighborhood Commercial / OS - Open Space 564 3 CORAL MOUNTAIN RESORT SPECIFIC PLAN ! ir DESERT + SPRINGS Y.R� PALM SPRINGS ICATWWAL 'i CITY rr= RANCHO MIRAGE PALM DESERT TIMOIAN WELL$ 4� y a r 0.0 3 46, N.T.S. Source: MSA Consulting, Inc. MSA .:ONSULTING, If , PLANNING ,CIVIL ENCiI N EERING, LAND SURVEVI NG MSACONSULTINGINC.COM LA QUINTA Project Site 0 IL + • ,,� COACHELLA r Exhibit Date: July 27, 2022 REGIONAL LOCATION MAP FIGURE 1 PAGE 4 565 CORAL MOUNTAIN RESORT SPECIFIC PLAN im3 i 52ND AVENUE v � I CITY OF LA QUINTA k . k • � r 5 # Legend: Project Boundary 0 Existing City / County Boundary Source: MSA Consulting, Inc. MSA CONSULTING, IN , PLANNING ,CIVIL ENGINEERING, LAND SURVEYING MSACONSULTINGINC.COM W w z 0 V) p ►S 54TH AVENUE -AIRPORT- -AVENUE 58 AVENUE 60 .1 I BOULEVARD COUNTY OF RIVERSIDE I f _j I I .10 O R1 N.T.S. Exhibit Date: July 27, 2022 w VICINITY MAP FIGURE 2 PAGE 5 566 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: f � l Project Boundary1-� Mo. r A VENUE 58 h i } d , �!# �• j '• gar ' �SiFr ♦ �i •e I .S � �� • .... •+ . _ .-Y,. r � � -F 'fit` -,a �� Af� 1 � � � •' i a••_ -!� ' A i►• ,yam_ r t t rLL _ 4 •:• ate,. _R���. �I._R-S+•T is 4"FAF.r f+ {. ,� a4. yr f7 I ■ w. _ IF!tr L r-Zrl F I , r - � TI_ I� a • ' , � , , L J `AVENUE Source: MSA Consulting, Inc. MSA CONSULTING, If 'PLANNING >CIVIL ENGINEERING > LAND SURVEYING MSACONSULTINGINC.COM 60 N.T.S. Exhibit Date: July 27, 2022 AERIAL PHOTOGRAPH FIGURE 3 PAGE 6 567 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: • • roject Boundary Low Density Residential Medium/High Density Residential General Commercial Open Space - Natural Open Space - Recreation Source: MSA Consulting, Inc. IDMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM 7.0 R l N.T.S. Exhibit Date: July 27, 2022 EXISTING GENERAL PLAN LAND USE FIGURE 4 PAGE 7 568 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.4 PROJECT HISTORY This property was originally part of the larger "Rancho La Quinta Specific Plan" approved in 1988 while part of unincorporated Riverside County. The Specific Plan area was later annexed to the City of La Quinta. The area south of Avenue 58 and north of Avenue 60 became known as the "Andalusia at Coral Mountain Specific Plan 03-067" and included areas east and west of Madison Street. The eastern half was eventually developed with the Andalusia Country Club while the western half remained vacant. Approval of this Coral Mountain Resort Specific Plan will establish a new master plan and development standards for the property west of Madison Street to allow creation of a boutique resort and master -planned community. Concurrently, Amendment 5 of Specific Plan 03-067 is being processed to remove the western half such that only the Andalusia Country Club east of Madison Street will remain. This will create two separate and distinct communities, "Coral Mountain Resort", west of Madison Street and "Andalusia Country Club" east of Madison Street 1.5 ENABLING LEGISLATION The authority to prepare, adopt, and implement the Specific Plan is granted to the City of La Quinta by the California Government Code §65450 - 65457.). The Planning Commission must hold a public hearing before it can recommend to the City Council the adoption of a Specific Plan or an amendment thereto. The City Council may adopt a Specific Plan and/or an amendment to the Specific Plan by either ordinance or resolution. This Specific Plan is a regulatory document that, once adopted, will serve as the Zoning Code for the plan area. Upon completion of the Specific Plan adoption process, future development must be consistent with the Specific Plan and amendments thereto. 569 8 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.6 CEQA COMPLIANCE The project is subject to the requirements of the California Environmental Quality Act (CEQA). An Environmental Impact Report (EIR) was prepared for the project in conformance with CEQA guidelines. The EIR evaluated potential environmental impacts associated with the development as described in this Specific Plan and included mitigation measures to reduce those impacts wherever possible. The mitigation measures will be applied to all applicable components of the project as it is developed. 1.7 Sustainability and Project Design Features The Project will be designed with sustainability features to reduce Greenhouse Gases (GHGs) and promote energy efficiency project -wide. Such features include but are not limited to, pedestrian connections and interconnectivity, implementation of ride share programs, drought -tolerant landscaping, and use of photovoltaic systems. These Project Design Features (PDFs) are described below: • Use of Pedestrian connections to promote access, interconnectivity, and vehicle trip reduction. • Variety of proposed land uses and amenities within the Project to promote vehicle trip and emission reductions. • Implementation of ride sharing programs (including designated ride -share vehicle parking) and employer -sponsored shuttle services to reduce commute trips. • Compliance with Title 24 standards for residential and non-residential buildings. • Use of drought -tolerant plants in landscape design. • Use of energy efficient lighting. • Use of photovoltaic (PV) systems 570 9 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.8 GENERAL PLAN AND ZONING The La Quinta General Plan (2035), establishes the City's policy relative to the planned future pattern, intensity, density, and relationships of land uses in the City and the various infrastructure systems needed to effectively support those land uses. The Specific Plan implements the City's General Plan by bringing detailed policies and regulations together into a focused development plan for the Specific Plan area. It serves as a link between the General Plan and subsequent development proposals within the Specific Plan area. The Specific Plan is a regulatory document which, when adopted by the La Quinta City Council, governs all facets of project development including the distribution of land uses, location and sizing of supporting infrastructure, as well as development standards and regulations. Per the La Quinta General Plan Land Use Map, the land use designations for the site are General Commercial, Low Density Residential, and Open Space - Recreation. Figure 4, Existing General Plan Map, displays the General Plan Land Use designations in effect when this Specific Plan was proposed. Zoning implements the General Plan land use by applying appropriate development standards for allowable uses, minimum lot size, yard setbacks and similar development considerations. Figure 5, Existing Zoning Map, displays the zoning designations for the site at the time this Specific Plan was proposed: Low Density Residential (RL), Neighborhood Commercial (CN), and Golf Course (GC). General Plan and Zoning Map Amendments were processed as part of the project entitlements to establish Specific Plan consistency with these regulatory documents. The proposed General Plan and Zoning Map designations are illustrated in Figure 6, Proposed General Plan Map, and Figure 7, Proposed Zoning Map. 571 10 +15 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Neighborhood Commercial Low Density Residential Tourist Commercial Open Space (Recreation) I I I �I OPEN S RECRE Source: MSA Consulting, Inc. IDMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 7n,7 COMMERCIAL I OURIST ICOMMI� •mmmm'. AVENUE 60 i �.0 R l N.T.S. w Exhibit Date: July 27, 2022 PROPOSED GENERAL PLAN LAND USE FIGURE 6 PAGE 12 573 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Low Density Residential (RL) Tourist Commercial (CT) Neighborhood Commercial (CN) Parks and Recreation (PR) I I I I I I C I I I r I I I PARKS" AN; RECREATION (PR) - I Source: MSA Consulting, Inc. MSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 NEIGHBORHOOD COMMERCIAL (CN) I I O Z LOW DENSITY / RESIDENTIAL (RL) �m i� \ I I I � L ) � I 1 I I I I I • I OURIST � COMME L (CT O R� AVENUE 60 N.T.S. w Exhibit Date: July 27, 2022 PROPOSED ZONING FIGURE 7 PAGE 13 574 CORAL MOUNTAIN RESORT SPECIFIC PLAN 1.9 ENTITLEMENT PROCESS Approval of the following entitlements will implement this project: General Plan Amendment (GPA) - The GPA will amend the current General Plan land use designations to General Commercial, Low Density Residential, Open Space - Recreation, and Tourist Commercial. The GPA requires public hearings before the Planning Commission and the City Council. Zone Change (ZC) - The ZC will change the existing zoning of the Specific Plan area to Neighborhood Commercial, Low Density Residential, Parks and Recreation, and Tourist Commercial. The ZC requires public hearings before the Planning Commission and the City Council. Specific Plan (SP) - The Coral Mountain Resort Specific Plan will be adopted as the master plan governing the allowable land uses, development standards and design guidelines for the project. The SP requires public hearings before the Planning Commission and the City Council. Tentative Tract Map (TTM) - TTMs are intended to implement the project and subdivide the property into smaller lots for development. TTMs may be filed with each phase of development as necessary. Each TTM will require review by the Commission. Site Development Permit (SDP): SDPs are required by the City for approval of site- specific landscape design, architectural design, and site plans. Individual SDP's may be required for each phase of development. These may be processed concurrent with or subsequent to other entitlement approvals. Each SDP will require public hearings before the Commission. Conditional Use Permits (CUP): As provided in Section 3 of this document, uses that require a CUP under the City's Zoning Ordinance shall be processed in accordance with Section 9.210.020 of the La Quinta Municipal Code. Temporary Use Permit (TUP): TUPs are required by the City to accommodate special, unique, and limited duration activities that might otherwise be outside the provisions of normal zoning. Temporary uses are expected on a limited basis by this Specific Plan as discussed in Section 2.1. TUPs are reviewed administratively by the Design and Development Director. Development Agreement (DA): The DA would vest the applicant's right to develop the Coral Mountain Resort Specific Plan area pursuant to the entitlements described above, address short-term rentals within the project, provide assurances to the City that the project will have a net positive fiscal impact on the City, ensure the timely completion of 14 575 CORAL MOUNTAIN RESORT SPECIFIC PLAN infrastructure to serve the project and surrounding area, and ensure that the project design features and mitigation measures are enforceable project requirements. 1.10 FUNDING AND FINANCING The Coral Mountain Specific Plan will be developed using private funds. 576 15 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2 Master Plan 2.1 LAND USE PLAN The Specific Plan will facilitate development of a boutique resort and planned residential community. The project will contain a variety of resort facilities, residential units and amenities, featuring an artificial wave basin as the focal point for the community. The Land Use Pion, as shown in Figure 8 and detailed in Table 2, Conceptual Land Use Summary, proposes 600 residential units and up to 150 hotel keys, distributed within approximately 386 acres. These buildings are arranged in configurations which may include estate compounds, single-family detached units, townhome-styled units and/or stacked flats of two, four, and six units each. Additionally, a neighborhood commercial area is planned at the southwest corner of Madison Street and Avenue 58. 2.1.1 Land Use Summary The development plan for the Coral Mountain Resort Specific Plan includes: Necessary infrastructure to assure adequate facilities and services; 60,000 sf of neighborhood commercial uses on 7.7 acres located at the corner of Avenue 58 and Madison Street; A resort community on approximately 121 acres including a hotel with up to a 150 keys, 104 resort residential units and 57,000 sf of complementary resort -serving commercial and recreational uses and amenities and a recreational surf wave basin with operational, administrative and maintenance equipment/facilities. Up to 496 residential units with an average densitiy of up to 4 units per acre, ownership options and product types along with compatible recreational amenities, such as golf, on approximately 232 acres. 16 577 CORAL MOUNTAIN RESORT SPECIFIC PLAN TABLE 2: CONCEPTUAL LAND USE SUMMARY Non - Planning Land Use Gross Land Residential Max. Dwelling Max. Hotel/Resort Area Category Area (Acres) Building (SF) Units (DU) Units (DU) PA I GC 7.7 60,0001 IF PA II LDR 232.3 IF 496 PA 111 TC 120.8 002 IF 104 150 PA IV OS-R 23.6 TOTAL 384.4 s=11 117,000 _]L_600 150 Key. GC = General Commercial, LDR = Low Density Residential, TC = Tourist Commercial, OS-R = Open Space - Recreation Notes: 1. Consisting of retail commercial uses available to the general public. 2. Consisting of private resort -serving uses available to residents, members and guests. 3. Excluding 1.5 acres dedicated to perimeter public ROW. 17 578 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Planning Area Boundary - — — — - Planning Area Sub -Boundary Neighborhood Commercial Low Density Residential Resort Open Space (Recreation) III Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 ■ ='I ■ \MMERCIALV � AVENUE 60 A 1•0 R. I d` N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL LAND USE PLAN FIGURE 8 PAGE 18 579 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.1.2 Planning Area Descriptions The Specific Plan is broken into four Planning Areas, each corresponding with a basic land use component. Planning Area I (PA-1) - Neighborhood Commercial PA I consists of approximately 7.7 acres of land and will allow for up to 60,000 sf of publicly accessible neighborhood commercial building space. Retail development is proposed at the southwest corner of Madison Street and Avenue 58 and will consist of a mixture of neighborhood commercial and resort -related commercial development. Allowable uses are discussed in Chapter3. Planning Area II (PA -II) - Residential PA-11 consists of approximately 232 acres of land and will allow for the construction of up to 496 single family attached and detached dwellings and affiliated amenities. Residential neighborhoods of various types occur throughout the project. Product types may include estate compounds, single-family detached/attached units, alley loaded homes, and clustered products so long as the overall number of allowable units within the PA is not exceeded. This would mean that if denser housing products are used, a larger percentage of the planning area would be retained in open space. Ownership and occupancy of these units may include primary, secondary and fractional ownership along with short term vacation rentals. Planning Area III (PA -III)- Resort PA -III consists of approximately 121 acres of land and allows for construction of a mixed - use private resort including a surf wave basin, a boutique hotel, a walkable residential village, an entertainment and fitness complex, and a private community clubhouse. The resort will contain 150 hotel keys, 104 residential units, and 57,000 square feet of resort - serving commercial and recreational building space, outdoor amenities and a community clubhouse. For descriptive purposes, the resort is further divided into seven planning subareas as noted below. PA-lll (A) Resort Hotel The Resort Hotel subarea contains approximately 8.5 acres and will accommodate a boutique resort hotel with up to 150 keys along with customary resort amenities. The Resort Hotel will provide a hospitality component with relaxed surf -village feel. Amenities may include a restaurant and bar, retail space, meeting space, swimming pool, fitness center, spa and lodging. Lodging options will provide a range of traditional hotel rooms, suites, and casitas. 580 19 CORAL MOUNTAIN RESORT SPECIFIC PLAN PA-111(B) The Wave The Wave subarea contains approximatly 31.2 acres containing an artificial surf wave basin that will function as the focal amenity for the community. "The Wave" basin will feature state of the art proprietary technology designed to re-create ocean waves for recreational surfing by individual resort residents, members and guests as well as the hosting of limited private and public events by reservation. Like other major recreational amenities, the Wave requires ancillary operational, administrative and maintenance functions for basin operations that are located and further described in PAIII-G. The Wave basin operates under ambient temperatures and does not require heating. PA -Ill (C) Wave Club The Wave Club subarea contains approximatley 3.2 acres fronting the wave basin and will function as a private clubhouse with amenities for exclusive use by the Coral Mountain Resort community. Representative amenities at the "Wave Club" may feature changing rooms, surfboard storage, pool, and a casual dining / lounge area. PA-111(D), PA-111(E) Resort Residential West & East These Planning subareas contain approximately 40.5 acres and are planned as a grid - patterned village that flanks the hotel and resort amenities. Structures will consist of 104 residential units designed on a compact gridlike network of streets and pathways. The majority of the Resort Residential neighborhoods are located within a 1,200' walking radius of the Hotel, Wave Basin, Wave Club, and Farm (see description below) to concentrate density within easy walking distance of the key resort amenities. Residents are encouraged to walk or use alternate forms of transportation such as golf -carts, bikes, scooters, and skateboards to access the hotel or resort amenities to promote a pedestrian friendly community that reduces reliance on automobiles. The 104 units will be allowed to participate in a resort rental program through the hotel. PA-111(F) The Farm The Farm contains approximately 11 acres of land for construction of private resort - serving entertainment facilities and amenities. It will offer a wide range of community and active lifestyle amenities such as golf, golf practice and training facilities, hiking, biking, bicycle pump -track, raquet sports, fitness and swimming pool areas. In addition, spa and dining facilities may be provided within the Farm for residents and hotel guests so that, upon arrival, everything is available for a full resort experience with no reason to leave the resort grounds. 581 20 CORAL MOUNTAIN RESORT SPECIFIC PLAN PA-lll G Back of House The Back of House subarea contains approximately 26.5 acres that will be graded as level, largely open, land south of the wave basin. This subarea will provide flexible gathering and staging space for temporary equipment such as port -a -potties, shade structures, tenting for inclement weather, and catering equipment that might be used during temporary events. It will also house up to 12,000 square feet of necessary permanent support facilities for maintenance, service and administrative operation of the wave basin and resort including employee parking (estimated at about 18 spaces based on existing operations at the Lemoore Surf Ranch, a comparable wave basin.) The back of house subarea will also be used to host public ticketed events on the wave basin. These events may occur up to 4 times per year and are restricted to 4 days duration with a maximum of 2,500 guests per day. Planning Area IV (PA -IV)- Open Space PA -IV contains approximately 24 acres of natural open space that may also be used for low -impact active and passive recreation activities, such as hiking, biking and ropes courses. This Planning Area will be maintained largely in anatural desert landscape to complement the rugged beauty of Coral Mountain, the visual backdrop forthe wave basin. 21 582 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.2 PHASING PLAN The Project is designed for construction in eight (8) primary development phases with build out over approximately 4-6 years. Each primary development phase may be broken into subphases in response to market conditions and consumer demand. For example, the hotel of up to 150 keys may be constructed in multiple subphases. Similarly, the resort and retail commericial areas may be built at different times as demand dictates. Construction of Phase 1 is estimated to begin in 2021 with full buildout estimated to be complete by 2026 subject to market conditions. Figure 20, Conceptual Phasing Plan reflects the anticipated construction sequence and may be non -sequential and adjusted subject to market conditions (so long as necessary utilities and access points are provided). Phased development will be accompanied by the orderly extension of circulation and parking facilities, public utilities, and infrastructure in accordance with the final conditions of approval for the project and the City Engineering Services Division. Phasing is conceptual and subject to refinement with final engineering design and changes in sequence in response to market conditions 2.3 CIRCULATION PLAN Vehicle and pedestrian circulation systems are an important component of every development project. This Specific Plan is designed to promote alternative forms of transportation while still providing for vehicular access through a roadway network that interconnects all land uses within the Project. The following sections provide an overview of the circulation system proposed for the Project. This Specific Plan takes a multi -modal approach to circulation system planning within the Project. This design seeks to decrease automobile dependency by providing transportation facilities for a variety of user groups including motorists, cyclists, pedestrians, and drivers of electric vehicles. With this goal in mind, the backbone system of circulating roadways throughout the Specific Plan with multiple access points will serve as vehicular and multi -use transportation routes for residents and visitors. Convenient access and parking is planned in close proximity to retail and resort areas for visitors. The internal system of private local roadways will allow residents of individual neighborhoods to access all Planning Areas internally without exiting onto surrounding public streets. The following are characteristic features accommodated within the project's multi -modal transportation system consisting of walk streets, sidewalks, multi- use trails and shared use low -speed, low -volume roadways: Off-street bicycle and pedestrian paths/routes; 22 583 CORAL MOUNTAIN RESORT SPECIFIC PLAN Sidewalks in higher traffic areas; Enhanced pedestrian/bicycle crosswalks; Pedestrian and multi -use paths and streets; Traffic calming methods; Short street segments with frequent caution zones and stopping points; Golf cart and other alternative forms of personal transportation 2.3.1 Vehicular Circulation The ability to move easily from one area of the Project to another using multiple modes of transportation is a key organizing principle of this Specific Plan. As illustrated on Figure 9, Vehicular Circulation Plan, the interior street system envisioned for the Project is an internal system of private streets linking all neighborhoods to provide open circulation. The Entry Drive, leading from the Project entry off of Madison Street to the resort area in Planning Area 111, is intended to create a sense of place. Local Roads branch off the primary entry drive, linking residential and resort residential areas to the main street. Resort Drives are open to the guests and residents of the community and convey vehicles, pedestrians, and bicycles throughout the Resort. A secondary entrance is provided from Avenue 60. The Community is bordered on the north and east sides by public streets designated as Secondary Arterials in the City of La Quinta General Plan 2035 and on the south by a segment of Avenue 60, which is designated as a Collector Road The Specific Plan's circulation system contains a network of access points and streets arranged according to the function, character, and location of each intersection and roadway. The Specific Plan provides access to the Neighborhood Commercial in Planning Area 1 with a primary public entry from Madison Street and two public entries from Avenue 58. An internal access from the project Entry Drive is also provided. Entries to residential neighborhoods will be provided from the primary entry drive and their conceptual locations are illustrated in Figure 9, Vehicular Circulation Plan. Brief descriptions of each street classification are illustrated in Figures 10 A-10C Typical Road Sections. Image Corridor Standards for the Specific Plan Area Development adjacent to City of La Quinta General Planned Image Corridors located on Avenue 60, Madison Street, and Avenue 58 shall be restricted to a height limitation of 22' from pad grade within 150' of the right-of-way. Rear and side yard setbacks for lots adjacent to the Image Corridors shall be expanded to a minimum of 25' per La Quinta Municipal Zoning Code Section 9.50.020. 584 23 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary OConceptual Residential Entry Point OConceptual Residential Gated Entry Point 24' Right of Way: Entry Drive Right of Way: Local Road "A" 24' Right of Way: Resort Drive 26' Right of Way: Resort / Commercial Drive 1124' 28' Right of Way: Entry Drive 32' Right of Way: Resort / Commercial Drive 40' Right of Way: Entry Drive 40' Right of Way: Resort Drive ,60' Right of Way: Resort Drive I— ---- -„ \ — \ / I � \ ■ ■ Notes: 1. Conceptual residential entry points reflect anticipated locations only. Entry locations are conceptual and subject to refinement as the project is built out. 2. Local Road Sections "B" and "C" (not shown) may be used in future development areas. 3. Final geometry and alignments to be determined with future SDPs and final engineering design plans. Source: MSA Consulting, Inc. IRMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM L� 01 O a ` O ♦ Z 7.O R I AVENUE 60 N.T.S. Exhibit Date: July 27, 2022 VEHICULAR CIRCULATION PLAN FIGURE 9 PAGE 24 585 CORAL MOUNTAIN RESORT SPECIFIC PLAN ±20' EX. LANDSCAPE PARKWAY 44' (EX. R/W) 99, 30'(EX. R/W) 1 44' 55' 1 ±69' (EX. IMPROVEMENTS) EX. E/P 30' (PROP. IMPROVEMENTS) 10, EA5EI ±12' ±6' ±12' ±12' ±12' ±12' 12' 6' VARIES 12' EX. EX. TRAVEL LANE EX. TRAVEL LANE EX. PAINTED EX. TRAVEL LANE PROP. PROP. PROP. SHOU- MEDIAN EX. TRAVEL LANE I SHOO- MEANDERING LDER A.C. LDER SIDEWALK PAVEMENT OVER A.B. _ EX. CURB 8 GUTTER AVENUE 58 PROP. CURB 8 GUTTER (SECONDARY ARTERIAL / PUBLIC ROAD) N.T.S. 11 0'(EXISTING R/W) ADDITIONAL 55' 55' LANDSCAPE EASEMENT 10, +12, ±qg, rL ±43' (BY OTHERS) +12• 11.5' ±8' +13' +13' +18, +13' +13' +8' +8' +4' PROP. EX. EX.TRAVELLANE EX. TRAVEL LANE EX. RAISED MEDIAN EX.TRAVELLANE EX.TRAVELLANE EX. 6• IMPOVEMENTS SHOULDER SHOULDER ±4 ±8' I I, =1 1=IIII I PROP. 6' MEANDERING I I 1 5 I _ Ili I EX. MEANDERING SIDEWALK J J L SIDEWALK EX. TER CURB & EX. BARRIER CURB MADISON STREET EX. BARRIER CURB EX. CURB & (SECONDARY ARTERIAL / PUBLIC ROAD) GUTTER N.T.S. EX. R/W 30' (EX. R/W) 80' (ULTIMATE R/W) 30' (EX. R/W) FUTURE R/W 'IONAL 40' 40' (BY OTHERS) SCAPE MENT 10' 15' 25' ' 25' (BY OTHERS) 15, 12' 11' 8' 8' 7' SIDEWALK SHOULDER TRAVEL LANE PAINTED MEDIAN TRAVEL LANE BIKE LANE A.C. PAVEMENT 1�1=1�1—III=1�1=1�1, III III, III I OVER A.B. GUTTER P. URIB&III PRO 1=III=III=III=III=III=III=IIIAVENUE GO EX. CURB& TER (COLLECTOR / PUBLIC ROAD) N.T.S. Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM Exhibit Date: July 27, 2022 TYPICAL CROSS SECTIONS (OFF -SITE) FIGURE 10A PAGE 25 586 CORAL MOUNTAIN RESORT SPECIFIC PLAN PEDESTRIAN PROP. PROP. EASEMENT 80, R/W 40' R/W VARIES 5' VARIES 10, 20' 20' 10, P.U.E. TRAVEL LANE TRAVEL LANE P.U.E. 2' A.C. PAVEMENT 2' OVER A.B. = PROP. PROP. III III III III III III III III III III III III III III II 2' MEANDERING 2 PROP. PATH PROP. 1'11, VALLEY ENTRY DRIVE VALLEY DRAINAGE SWALE GUTTER N.T.S. GUTTER PEDESTRIAN PROP. PROP. EASEMENT 88' R/W 24' R/W VARIES 5' VARIES 10' 12' 12' 10' PEDESTRIAN 80' EASEMENT 20' PROP. 1' DRAINAGE SWALE PEDESTRIAN 88, EASEMENT VARIES P.U.E. TRAVEL LANE I TRAVEL LANE P.U.E. EMENT O ER A.B. III 1I PROP.III 11III11-III 1I11I PIROPI III III III III III III 11I 1 III 11I 11I 11I 11I 11I 11I 1 MEANDERING 2'PROP. 2' PATH VALLEY ENTRY DRIVE VALLEY PROP. 1' DRAINAGE SWALE DRAINAGE SWALE GUTTER N.T.S. GUTTER PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 86' R/W 28' R/W 86' EASEMENT VARIES 5' VARIES 10' 14' C6 14' 10' VARIES P.U.E. TRAVEL LANE I TRAVEL LANE P.U.E. PAVEMENT OVER PROP. IIIIIIIIIIIIIIIIIIIIIIII-III IZ II I I=III LOP. I IIII IIIIIIIIIIIIII=III= MEANDERING PROP. 2 PATH PROP. 11' VALLEY ENTRY DRIVE VALLEY PROP. 1' DRAINAGE SWALE DRAINAGE SWALE GUTTER N.T.S. GUTTER P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT R/W R/W _. EASEMENT IU 60 IV (COMMERCIAL) 5' 5' 18, 24' 18, 5' 5' 15' ANGLED PARKING TRAVEL LANES ANGLED PARKING SETBACK 2 rA.0 PAVEMENT OVER A.B. i 2, (HOTEL) III1 I I1 I I1 I I III1 I I ITIITIITIITIII ITIITIITIITIITIITIITIITIITI PROP. SIDEWALK PROP. 2' VALLEY - -III _ _ _ = = = = = III III III III - =IIIIIIIIIIIIIIIIIIIIIIII=III (PROP. III -III IIIIIIIIIIIIIIII I I IIIIIIIIIIIIIII=III= (PROP. SIDEWALKIIII GUTTER RESORT DRIVE 2' VALLEY GUTTER GUTTERIIII-III- N.T.S. P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 10' R/W 40' RI 10' EASEMENT 24' VARIES 5' 5' 8' 12' q 12' 8' 5' 5' VARIES SETBACK LANDSCAPE TRAVEL LANE I TRAVEL LANE PARKING SETBACK 2' A C PAVEMENT 2' OVER A.B. iIII i I I � IPROP. SIDEWALK= = = = =III= = =III=III=III=III= III=III=III=III= I i I I I PROP.SIDEWALK� PROP. 2'VALLEY GUTTER RESORT DRIVE PROP. 2' VALLEY GUTTER N.T.S. Note: Street sections may be refined or adjusted if approved by the City Public Works Director. Source: MSA Consulting, Inc. Exhibit Date: July 27, 2022 MSA ,PLANNING CIVIL ENG IN EPPING I LAND SURVEYING MSACONSULTINGINC.COM TYPICAL CROSS SECTIONS (ON -SITE) FIGURE 10B PAGE 26 587 CORAL MOUNTAIN RESORT SPECIFIC PLAN P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN FASFMFNT.... R/W R/W ­ FASFMFNT VARIES 5' 5' 13' 13' 5' 5' VARIES ETBACK TRAVEL _LANE TRAVEL LANE SETBAC 2 I OVER PAVEMENT �12 PROP. SIDEWALK J PROP. 2'J VALLEY RESORT / GUTTER COMMERCIAL DRIVE N.T.S. P.U.E. & PEDESTRIAN PROP. EASEMENTIO' R/W 32' 24' VARIES 5' 5' 12' j 12' ETBACK TRAVELLANETRAVEL LANE 2 I OVER A PAVEMENT--] 2' PROP. 2' L-- PROP. SIDEWALK VALLEY GUTTER P.U.E. & PROP. PEDESTRIAN R/W 101EASEMENT 8' I 5' 1 5' I VARIES PARKINGI I ISETBACI PROP. SIDEWALK PROP. 2'J L PROP. 2' PROP. SIDEWALK RESORT VALLEY � VALLEY GUTTER GUTTER COMMERCIAL DRIVE N.T.S. *Note: Parking Only Occurs on One Side of Travel Lane but may Alternate from Side to Side. See Detail "A" on Sheet 2 of 2 of the Tentative Tract Map. P.U.E. & PEDESTRIAN PROP. FAUMFNT._. R/W P.U.E. & PROP. PEDESTRIAN R/W _.FASFMFNT VARIES 5' 5' 12 12 VARIES SETBACK TRAVEL LANE IFTRAVELIANn SETBACK 2 I A ER AVEMENI�2 PROP. SIDEWALK --J PROP. 2' VALLEY J LOCAL ROAD "A" GUTTER N.T.S. P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT R/W R/W EASEMENT 12' 12' VARIES TRAVELLANETRAVEL LANE SETBACKVA ,A'�VARIES 2 I OVER AB_ T I PROP.2'—J RESORT DRIVE PROP. 2' VALLEY N.T.S. VALLEY GUTTER GUTTER P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 10' R/W 32' R/W 10' EASEMENT 16' 16' I�TRAVEL LANE I TRAVEL LANE 2 I OVER APAVEMENT 2 111111111111=III J —---—=11111111111 _III=1 1=1 1=1 1=1 1=1 L=1 L=1 1=1 L=1 IJ I- 1 PROP. 2' LOCAL ROAD "B" PROP. 2' VALLEY VALLEY GUTTER N.T.S. GUTTER PROP. 2' VALLEY GUTTER PROP. PROP. LOT 20' LOT RESIDENCE 1 6' 8' 6' I RESIDENCE *WALKING PATH 111=11 WALK STREET *Note: Private (Bicycle & N.T.S. Pedestrian Only) P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT R/W R EASEMENT 10, 36' IW 10' 18' It 18' TRAVEL LANE TRAVEL LANE 2 PAVEMENT I-O 2 ERA III I1 I_1 IJ If 1=1 IJ L=1 L=1 L=1 1=1 1=1 IJ 1=1 1=1 1=1 PROP. 2' LOCAL ROAD "C" PROP. 2' VALLEY GUTTER N.T.S. VALLEY GUTTER Note: Street sections may be refined or adjusted if approved by the City Public Works Director. Source: MSA Consulting, Inc. Exhibit Date: July 27, 2022 IRMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPING> LAND SURVEYING MSACONSULTINGINC.COM TYPICAL CROSS SECTIONS (ON -SITE) FIGURE 10C PAGE 27 588 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.3.2 Street Sections The Vehicular Circulation Plan illustrates the network of streets and entries that provide connectivity to all areas within the Project. This section details the distinct Private, Local, Entry, Commercial, and Resort Drivesthat interconnectto comprise the circulation system. Each street classification is described below and illustrated in Figures 10A-10C, Typical Cross Sections, showing the minimum pavement widths that apply within the Project. The vehicular circulation system is as follows: Perimeter Streets Perimeter public streets designated on the City's General Plan Circulation Element border the Project on three sides. These roads are largely improved to their ultimate lane width, needingonlythe addition of minorwidening, a meandering multi -purpose trail, sidewalks, and parkway landscaping along the boundary of the Specific Plan. These roads comprise the major transportation corridors for this portion of the Coachella Valley and provide connection to interstate and regional access routes such as the Interstate 10 Freeway and State Highway 111 to the north. They also include sidewalks and bicycle lanes that link with these systems throughout the rest of the City. Avenue 58 on the north and Madison Street on the west are designated as Secondary Arterials with a right-of-way width of 102 feet. Within the right-of-way, improvements include four travel lanes separated by a raised landscape median and two painted bike lane. A supplemental landscape easement borders the right- of-way to accommodate streetscape enhancements and a meandering pathway for shared use by golf carts, pedestrians, and cyclists. The Specific Plan street section for Avenue 58 conforms with the General Plan. However, Madison Street was constructed with a wider pavement section and slightly exceeds the General Plan street width. The Specific Plan reflects the built condition. Avenue 60 on the south is designated as a Collector with an ultimate right-of-way width of 80 feet. Ultimate improvements will include painted bike lanes and two travel lanes separated by a painted median. Internal Streets Internal streets provide overall Project connectivity and link the various neighborhoods, commercial, and resort areas. Streets within the resort core are intended for safe, shared, multi -modal use by cars, golf carts, bicycles and pedestrians.The internal street system is summarized below and illustrated in Figure 9: Vehicular Circulation and Figures 10 A- 10C, Typical Cross Sections. 589 28 CORAL MOUNTAIN RESORT SPECIFIC PLAN • 24' Right of Way - Resort Drive to be utilized by residents for access to their homes in the village core. Local Road A will provide internal circulation to residences within future PA -II neighborhoods. • 24' Right of Way - Resort Drive to accommodate secondary resort traffic and provide connections to Local Roads and the Resort/Commercial Drive. • 24' Right of Way - Local Road A to accommodate circulation around the village, within the estate lot neighborhood • 26, 32' Right of Way - Resort/Commercial Drive to be utilized for internal village and commercial area circulation, with limited parking for community guests. (Reference Figure 9: Vehicular Circulation forvarying width locations.) • 40' Right of Way - Resort Drive functions as the central community arrival drive, with limited parking on one side. • 60' Right of Way - Resort Drive functions as the central communtiy arrival drive, with angular parking at the village core. • 24', 28', 40' Right of Way - Entry Drive is the principal road by which all guests and residents enterthe community and reach the village core. (Reference Figure 9: Vehicular Circulation for varying width locations.) 2.3.3 Non -Vehicular Circulation In addition to accommodating automobiles, the Project's Circulation Plan also addresses the movement of pedestrians, bicyclists, golf carts, e-vehicles, and other forms of alternative personal transportation Golf carts, e-vehicles and other alternative forms of low -speed transportation are accomodated in the streets with no striping or designated lanes. The overall intent and design of the Specific Plan is geared toward creating a transportation environment that accommodates vehicles, but also minimizes barriers to and promotes convenient multi -use connectivity throughout the Specific Plan. While pedestrian access will be incorporated at all levels, many internal and external trips cannot orwill not be undertaken by foot due to climate, distance, accessibility needs, or general inconvenience. Accordingly, the Specific Plan also accommodates access for bicycle, golf cart, and other forms of alternative personal transportation throughout the site and into the surrounding community. The Non -Vehicular Circulation Plan is shown in Figure 11. The components shown in Figure 11 are described below. 590 29 CORAL MOUNTAIN RESORT SPECIFIC PLAN Multi -Use Trail -An 8' wide multi -use trail will be incorporated along the main spine road to provide future neighborhoods with a central bike and pedestrian connection to the resort core as well as the main entry gate and retail area. Sidewalk - Sidewalks are included along key streets in the resort core to provide a completely interconnected pedestrian grid experience so that resort guests can walk or bike to all activities at the wave basin and resort facilities. Sidewalks are optional on local streets, depending on the street section chosen. Walk Street - Designed as narrow walkways between homes, Walk Streets provide connectivity with immediate residential frontage. The Walk Street network is one of the primary organizing components of the community plan. Terminating at the Boardwalk, Walk Streets are limited to pedestrian and bicycle use linking residents to The Wave, The Farm, and the greater network of trails and open spaces, enabling convenient access to alternate personal transportation modes throughout the community. The Boardwalk - The wave basin and its integrated pedestrian boardwalk is the terminus for nearly all of the Walk Streets - functioning as a gathering space as well as an active recreational amenity. 591 30 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.3.4 Traffic Calming Low speed, low volume roads within the resort are intended to safely intermix vehicles, golf carts, bicycles and pedestrians. To achieve this, various design techniques are applied that cause vehicles to slow and exercise caution creating a safe shared -use environment for pedestrians and other transportation modes. Street segments are intentionally designed to be short (typically less than 200' long) with frequent stops and caution zones to ensure that vehicles maintain low speeds. Safe zones are demarcated at "walk street" crossings with visual and textural indicators to ensure that vehicles slow and yield to pedestrians. Traffic volumes are kept far lowerthan in traditional developments by situating recreation venues and services on site in close proximity such that they are most conveniently and quickly accessed on foot, by bike or by golf cart. Consequently, there will be very little need for a car. The focus on non - vehicular travel will ensure the safety and comfort of guests using all means of transportation on these shared roadways. The following sketch depicts a typical street/walk street interface illustrating the use of pavement texture, traffic control bollards, and alternating single sided parking stalls to create a safe, low speed roadway. WALK STREET PAVING SANDS TO WALK STREF PAVING MATCH WALK STREET i COMNUES ACROS$ ROAD CGBLESTONE PARKING } PLANTING APEAS STALL MARKERS _ i A .;I R lPf- HAMS! � PARKING AREA PAVINGTQMATCH N,, TTi,,FFIC CONTROL BOLLARDS f WALK STRkT & ROAD SANDING f SIDEWALK + i o I' - rL4 6rA r 592 31 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: m m Project Boundary Multi -Use Trail Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 /A V C IV V C U U Exhibit Date: July 27, 2022 NON -VEHICULAR CIRCULATION PLAN FIGURE 11 PACE 32 593 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.4 OPEN SPACE PLAN Open space is a community asset with multiple benefits. These areas provide distant vistas, introduce appealing landscapes for a more attractive and comfortable living environment, and provide convenient access to recreational opportunities without leaving the Community. In addition to the the Wave basin, open space will be distributed throughout the Project with integrated plazas/greenspaces. A conceptual open space design is shown in Figure 12 Conceptual Open Space Plan, but remain subject to change as to specific location and type. The Wave Basin: The wave basin is the primary open space amenity and centerpiece to the resort, accommodating both surfers and spectators. Open Space Planning Area: West of the wave basin, the Open Space Planning Area (Planning Area IV) provides open space complete with a trail network that connects with the community trail system. Primary Entry Drive: The primary entry road is flanked by a generous landscape easement to create a aesthetically pleasing experience for residents and guests as they proceed from the main entry to the resort core and individual neighborhoods. Greenways: Greenways are interconnecting corridors (walk streets) distributed throughout the resort core. 594 33 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary The Wave Basin Retention Greenways Open Space Primary Entry Streetscape Corridor Public Streetscape I I I I I I I I I i Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 I �I I / I � D� AVENUE 60 N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL OPEN SPACE PLAN FIGURE 12 PAGE34 595 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.5 SHEEP PROTECTION PLAN The project includes specific measures to ensure that Peninsular Bighorn Sheep (PBS) are restricted from entering the project and to promote proper human interactions between residents/guests and PBS. 2.5.1 Barrier Plan The Specific Plan will incorporate fencing and walls along the entire project perimeter as shown on Figure 13 Conceptual PBS Barrier Plan. This will serve as a physical barrier to prevent Peninsular bighorn sheep (PBS) from accessing the site. The fence/wall design will be approved by the City of La Quinta in consultation with the California Department of Fish and Wildlife (CA DFW). It will draw from the prototypical fencing types described in the Coachella Valley Conservation Commission (CVCC) "PBS Barrier Project" as shown in Figure 14 Typical PBS Fence Cross Section and Figures 15a & b Representative PBS Fence Photos, and will be consistent with the Coachella Valley Multi -Species Habitat Conservation Plan. Additionally, Tribal monitoring will apply to the fence construction and trail alignment in any areas containing Tribal cultural resources per City of La Quinta requirements. 2.5.2 Plant Palette The Specific Plan plant palette (Table 3 in Section 4.4.3) includes approved native specimens listed as "Coachella Valley Native Plants Recommended for Landscaping" (CVMSHCP Table 4-112) and will avoid specimens listed as "Prohibited Invasive Ornamental Plants" (MSHCP Table 4-113) in certain open spaces areas and on lots adjacent to any sheep barrier as shown on Figure 13 Conceptual PBS Barrier Plan. In addition, the approved project plant palette will be referenced in the Project CC&Rs and will be enforceable by the property owners' association for the life of the project. 2.5.3 Education Program The project will prepare collateral materials for dissemination to buyers and hotel guests that educate and inform regarding the local environmental setting, including proper interactions with PBS. Additionally, Coral Mountain intends to collaborate with the Desert Recreation District regarding the planned public trail connection through the property. DRD's master plan envisions interpretative materials on the trail and markers intended to educate and inform experiences regarding the local setting, including desert flora and fauna. 596 35 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: — - - — Project Boundary Proposed &CMU Community Perimeter Wall i Proposed 8' Sheep Barrier - - - - - - - - - Alternative Barrier Alignment Restricted Plant Palette Additional Restricted Plant Palette For Alternative Barrier Alignment Notes: 1. Information shown is conceptual only. tFinal alignment may be adjusted to accommodate ground features and other design and/or environmental considerations. 2. Perimeter Wall & Sheep Barrier as approved by City of La Quinta. 3. Sheep barrier to consist of 8' high fencing as shown in approved CVCC "PBS Barrier Project" (see Figure XX) or equivalent combination of 6' CMU and 2' decorative wrought iron or tubular steel view fence as appropriate. 4. See Table 3 of Section 4.4.3 for plant restrictions. Source: MSA Consulting, Inc. IDMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 AVENUE 60 N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL PBS BARRIER PLAN FIGURE 13 PAGE 36 597 CORAL MOUNTAIN RESORT SPECIFIC PLAN T -1 EX. GROUND CATCHMENT Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM Exhibit Date: July 27, 2022 TYPICAL PBS FENCE CROSS SECTION FIGURE 14 PAGE 37 598 CORAL MOUNTAIN RESORT SPECIFIC PLAN r R Source: CVCC Peninsular Bighorn Sheep Barrier Project Exhibit Date: July 27, 2022 REPRESENTATIVE PBS FENCE PHOTOS MSA CONSULTING, INC. > VLANNINC>CIVIL ENCINEERINC> LAND SURVEYING MSACONSULTINGINC.COM FIGURE 15A PAGE 38 599 CORAL MOUNTAIN RESORT SPECIFIC PLAN Fence Type We Idea Steel 7 - +- Arp Fence Type: Chain Link Fence Type: Tubular Steel Fence Type: Chain Link aZ Source: CVCC Peninsular Bighorn Sheep Barrier Project Exhibit Date: July 27, 2022 REPRESENTATIVE PBS FENCE PHOTOS MSA CONSULTING, INC. > VLANNINC>CIVIL ENCINEERINC> LAND SURVEYING MSACONSULTINGINC.COM FIGURE 15B PAGE 39 600 CORAL MOUNTAIN RESORT SPECIFIC PLAN 2.6 INFRASTRUCTURE PLANS The infrastructure system planned to serve the Project described below will be designed to provide a coordinated system of infrastructure and public services to adequately serve the plan area at full buildout. Standards for infrastructure and public services relative to land use intensity envisioned for the Specific Plan area will be served by the following utilities: Sewer: Coachella Valley Water District (CVWD) Water: Coachella Valley Water District (CVWD) Electricity: Imperial Irrigation District (IID) Gas: Southern California Gas Company 2.6.1 Water and Sewer Plan The intent of the Specific Plan is to utilize existing water and sewer facilities where possible, and to provide additional or upgraded facilities as necessary. Water and sewer service for the Specific Plan area is provided by the Coachella Valley Water District (CVWD). The CVWD provides domestic water from wells. Non -potable water sources are intended to be used for the irrigation of common landscape areas. An underground irrigation distribution system providing water to the valley traverses the western portion of the Specific Plan property from the northwest to the southwest and bisecting the site from east to west. The Specific Plan will conform to the requirements of the CVWD's current and future programs and requirements pertaining to water management and conservation. See Figure 16 for the Conceptual Water Plan and Figure 17 for the Conceptual Sewer Plan. 2.6.2 Drainage Plan As shown in Figure 18, Conceptual Drainage Plan, the Specific Plan includes a comprehensive drainage system that collects storm flows, retains the incremental post - development increase and discharges surface water at pre -development levels. This drainage system design ensures that regulatory flood protection requirements are met to protect individual residences, the resort, and commercial uses as well as downstream properties. Surface drainage will be conveyed by the local street system from development areas to a system of basins and underground storm drains. As illustrated in the conceptual drainage plan, multiple retention basins and lakes (including the Wave), will be used for stormwater storage in accordance with regulatory design requirements. Retention basins will be constructed and sized to retain a 100- year storm event. These 601 40 CORAL MOUNTAIN RESORT SPECIFIC PLAN basins will also include water quality elements that serve as structural Best Management Practices (BMPs) in accordance with the MS-4 Whitewater River Watershed Municipal Stormwater Program. 2.6.3 Off -Site Electrical Improvements Electric utilities for the site are provided by the Imperial Irrigation District (IID). The developer is completing service planning with IID on the timing and scope of project level improvements to IID's system. The Project's CEQA document analyzes and covers these improvements in further detail. Figure 19, Off -Site Electrical Improvements, shows the location of the existing substation and proposed distribution line(s) and upgrades. 41 602 CORAL MOUNTAIN RESORT SPECIFIC PLAN Ll i Legend: w m Project Boundary ■w— Existing Water Main O Proposed CM.W.D. Well Site Proposed Public 8" Water Main 12W� Proposed Public 12" Water Main 118w- Proposed Public 18" Water Main Notes: 1. Information shown is conceptual only. 41IF ft Final engineering design plans may deviate. 2. Number and location of wells is preliminary & subject to further discussion with C.V.W.D. Source: MSA Consulting, Inc. MSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM AVENUE 58 �w_7 — ,C I I wi N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL WATER PLAN FIGURE 16 PAG F 42 603 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: m m Project Boundary N. I .J. _ J Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM Exhibit Date: July 27, 2022 CONCEPTUAL SEWER PLAN FIGURE 17 PAGE 43 604 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: - - Project Boundary Water Feature / Retention Conceptual Drainage Sub -Area Conceptual 100-Year Sub -Area Retention ■ T Site Drainage Flows Off Site Drainage Direction AVENUE 58 I ' Note: Drainage and retention is conceptual and subject I to refinement With final engineering design. i �l r Source: MSA Consulting, Inc. IRMSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM ' man r � I M � 1 wm nowemu � �. 4;41*444* •! 'V 0 R..1 ` A VENUE 60 N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL DRAINAGE PLAN FIGURE 18 PAGE 44 605 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Proposed Conduit System 3 Proposed Transformer Bank EXISTING I.I.D. SUBSTATION Source: MSA Consulting, Inc. MSA CONSULTING, IN PLAN NINC >CIVIL ENGINEERING I LAND SURVEYING MSACONSULTINGINC.COM L L 7 AVENUE 6( 1 � , it 4tiO R I' N.T.S. Exhibit Date: July 27, 2022 OFF -SITE ELECTRICAL IMPROVEMENTS FIGURE 19 PAGE 45 606 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary Phase Boundary — — — — — Development Area Boundary Phase 1 Phase 2 Phase 3 AVENUE 58 _ � p I � 8 N, 'Notes: 1. Phasing plan reflects the anticipated construction sequence. It is conceptual and subject to refinement 7 in response to market conditions. I 2. Numbers I - 8 indicate Development Areas. Source: MSA Consulting, Inc. MSA CONSULTING, INC. PLANNING >CIVIL ENGINEEPINC> LAND SURVEYING MSACONSULTINGINC.COM AVENUE 60 A N.T.S. w Exhibit Date: July 27, 2022 CONCEPTUAL PHASING PLAN FIGURE 20 PAGE 46 607 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3 Development Standards As provided for in local ordinance and Califonia Government Code, Specific Plans allow the creation of flexible and customized development standards suited to the unique needs of individual projects. This Specific Plan is divided into four Planning Areas, each representing a logical sub -area of development with common characteristics and defining surface features (e.g. streets, lot lines, and other physical features). Planning Areas for this Project are depicted in Figure 8, Land Use Plan. This chapter identifies the development standards applicable to each Planning Area, including a statement of development intent, permitted uses and development standards. Where differences may occur, these development standards take precedence over the Municipal Code 3.1 PA -I NEIGHBORHOOD COMMERCIAL (CN) 3.1.1 Development Intent Planning Area I (PA-1) is intended to allow for the construction of Neighborhood Commercial buildings with affiliated circulation and infrastructure improvements. PA-1 is located at the southwest corner of Avenue 58 and Madison Street. This Planning Area contains approximately 7.7 acres of land and will allow for up to a maximum of 60,000 sf of Neighborhood Commercial building space. 3.1.2 Allowable Uses All uses listed in the Neighborhood Commercial (CN) District of the La Quinta Municipal Code (Section 9.80.020) are allowed in PA-1 in accordance with Table 9-5. except that the uses listed below are specifically considered permitted uses. TABLE 3.1A NEIGHBORHOOD COMMERCIAL PERMITTED USES PERMITTED USES Retail Stores Food, liquor, and convenience stores Restaurants Banks Medical offices Boutique Agriculturel Footnotes: 1. Including orchards, date, citrus, and olive groves, vegetable gardens, etc. that are for community use or that supply produce to Farm -to -Table restaurants and fresh food markets on lots not exceeding 5- acres in aggregate size in the Planning Area. 47 608 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.1.3 Development Standards These standards apply to all land within PA-1 as described within the text and graphics of this Specific Plan. TABLE 3.113 - NEIGHBORHOOD COMMERCIAL DEVELOPMENT STANDARDS STANDARD Max. Structure Height 35 ftl,z Max. No. of Stories 2 Min. Front Setback 10 ft Min. Rear Setback loft Min. Parking 1/250 ft GLA. Max. Building Floor Area in PA 1 60,000 SF Min. Building Setback to Avenue 58 F 25 ft Min. Building Setback to Madison Street F 25 ft Min. Setback from Interior Property Linea F 0 ft Min. Building/Landscape Setback from Residential PA4 40 ft/20 ft Max. Wall Height 6 ft Max. Light Pole Height 25 ft Min. Parking Provideds Per Code Min. Parking Dimension 9' X 19, Min. Bicycle Parking Per Code Min. Golf Cart / NEV Parking Per Code Min. Electric Vehicle Charging Spaces Per Code Footnotes: 1. Height is limited to 22' within 150' of the Madison &Avenue 58 R.O.W. 2. Architectural and roof projections, such as chimneys, spires, finials, parapets, and similar features not providing habitable or otherwise unusable space shall be permitted to extend up to fifteen feet above the maximum structure height. 3. Mechanical equipment to have a minimum 3-foot setback from interior property lines. 4. Landscape setback occurs within the building setback. 5. Including shared parking subject to provisions of LQMC 9.150.060 609 48 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.2 PA II - LOW DENSITY RESIDENTIAL (RL) 3.2.1 Development Intent Planning Area II (PA -II) is intended to allow for the construction of residential neighborhoods with affiliated amenities, circulation, and infrastructure improvements. In addition to permanent year round use, various forms of short-term and long-term rentals, and fractional interest programs may be accommodated. Open space, golf, and various other complementary recreational uses may be integrated with residential development. PA -II contains approximately 232 acres of land and will allow for the construction of up to 496 single family attached and detached dwellings. 3.2.2 Allowable Uses All uses listed in the Low Density Residential (RL) District of La Quinta Municipal Code Section 9.40.030 are allowed in PA -II in accordance with Table 9-1. except that the uses listed below are specifically considered permitted uses. TABLE 3.2A- LOW DENSITY RESIDENTIAL PERMITTED USES PERMITTED USES Single -Family Detached Dwellings Single -Family detached Patio Homes Duplexes Single Family Attached Dwellings Townhome Dwellings Condominium Multi -Family Short Term vacation Rental Units Timeshare Units Fractional Ownership Units Lakes with active recreation Golf Courses, Driving Ranges, and Golf Related Uses. Clubhouse Community Gardens/Boutique Agriculture' Footnotes: 1. Including orchards, date, citrus, and olive groves, vegetable gardens, etc. that are for community use or that supply produce to Farm -to -Table restaurants and fresh food markets on lots not exceeding 5- acres in aggregate size in the Planning Area 610 49 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.2.3 Development Standards These standards apply to all land within PA -II as described within the text and graphics of this Specific Plan. TABLE 3.213 — LOW DENSITY RESIDENTIAL DEVELOPMENT STANDARDS STANDARD DETACHED PRODUCT ATTACHED PRODUCT ACCESSORY BUILDING' Min. Lot Size 11 3,600 sf 3,600 sf N/A Max. Structure Height 32 ft 2,3 32 ft 2,3 28 ft 2,3 Max. No. Of Stories 2 2 2 Min. Area Per Unit 1,400 sf 1,000 sf 250 sf Min. Front Setback 10 ft 10 ft 10 ft Min. Rear Setback 5 ft 5 ft 2 ft Min. Interior/Corner Side Yard Setbacks4 5 ft / 5 ft 5 ft 5 / 5 ft 5 ft'/ 5 ft Min. Building To Building Setback e 0 ft 0 ft 0 ft Max. Wall Height Min. Parking Required 6 ft 2 garage/carport spaces plus 0.5 guest space 6 ft 2 garage/carport spaces plus 0.5 guest space 6 ft N/A Footnotes: 1. Detached garages/carports, casitas, carriage house units, and pool houses. 2. Height is limited to 22' within 150' of the Madison &Avenue 58 R.O.W. 3. Excluding chimneys, porticos, parapets, and other incidental architectural features etc. may exceed max. structure height by up to 5 feet. 4. AC units, trellis elements, pools, and spas are allowed to encroach into side and rear setback areas within 3' of property line. 5. O'setback allowed for products, such as duplexes orzero lot line units, that share a common wall orzero lot line units with walls built to the side property line. 6. Subject to applicable building code requirements 611 50 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.3 PA -III TOURIST COMMERCIAL (CT) 3.3.1 Development Intent Planning Area III (PA -III) is intended to allow for Resort Residential and Tourist Commercial uses and is located in the south-central portion of the Project. PA -III is structured around the wave basin, a private artificial wave generating basin. This Planning Area contains approximately 121 acres of land and will allow construction of the wave basin, up to a 150- key resort hotel,104 resort residential units, restaurants, golf, and other resort supporting uses and amenities. To help facilitate resort and wave basin operational needs, supporting uses may include water storage tanks and outdoor storage areas among other uses. Open gathering areas south of the wave basin may be used to host public and private events with non -permanent, portable convenience facilities (such as port -a -potties, shade structures, tenting, and catering equipment) through the approval of a Temporary Use Permit, consistent with Section 9.210.050 of the Municipal Code. 3.3.2 Purpose and Intent To provide for the development and regulation of a range of specialized Tourist Commercial uses oriented to resort lifestyle activity, located in areas designated within PA -III in the Specific Plan. Representative land use includes a resort hotel, the "Wave", clubhouse and resort amenities, and supporting functions to those uses. 612 51 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.3.3 Allowable Uses All uses listed in the Tourist Commercial (CT) District of La Quinta Municipal Code Section 9.80.020 are allowed in PA-1 in accordance with Table 9-5 except that the uses listed below are specifically considered permitted uses. TABLE 3.3A-TOURIST COMMERCIAL PERMITTED USES PERMITTED III -A III-B III-C III-D III-E III-F III-G > j Z Z oC W o 2 USES a O 3 iy W > 0a of H WW oo I., I.,Vf LU W LL W O 5 Q m [Barsandcocktaillounges Retail Stores Restaurants, other than drive -through ✓ ✓ ✓ Community Gardens/"Boutique" Agricultural Uses' ✓ [Golf Facilities Indoor and Outdoor Recreation Facilities ✓ ✓ ✓ ✓ ✓ ✓ ✓ Meeting and Club Facilities ✓ ✓ ✓ Parking Lots Recreational Water Amenities ✓ ✓ ✓ ✓ Resort Residential 2 Resort Hotel 613 52 CORAL MOUNTAIN RESORT SPECIFIC PLAN Resort Support and Accessory Uses3 ✓ ✓ Clubhouse ✓ ✓ ✓ Water Storage Tanks ✓ Outdoor Storage (For Resort and Wave Basin ✓ ✓ Operations). Footnotes: Including orchards, date, citrus, and olive groves, vegetable gardens, etc. that are for community use or that supply produce to Farm -to -Table restaurants and fresh food markets on lots not exceeding 5- acres in size. 2. Including short-term rentals and timeshare/fractional ownership units. 3. Including Operation, Maintenance, Administrative and Service Facilities, Equipment and Directional Lighting. 614 53 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.3.4 Development Standards The following development standards apply to property in Planning Area III as described within the text of this Specific Plan. TABLE 3.3B - TOURIST COMMERCIAL DEVELOPMENT STANDARDS STANDARD III -A III-B III-C III-D III-E III-F III-G > a 00 J W J W a W N O O 3 tA w ON 2 v~i LL w LL Y F- a' d' F- Q m Min. Lot Size 20,000 sf 20,000 sf 20,000 sf 3,600 sf 3,600 sf 20,000 sf 20,000 sf Max. Lot Coverage Min . Lot Frontage Min. Livable Area 1 NA NA NA 1,400 sf 1,400 sf NA NA Min. Accessory Building Area z NA NA NA 300 sf 300 sf NA NA Min. Front Setback 10' 0' 10' 10' 10' 10' 10, Min. Setback from Walk Streets or Sidewalks s 5' NA Min. Setback from Wave Basin parcel 0' Min. Front Facing Garage/Carport Setback NA NA NA 10' 10' NA NA Min. Side Facing Garage/Carport Setback NA NA NA 12' 12' NA NA Min. Rear Setbacks NA NA NA 5' S' NA 25' Min. Interior/Corner Side Setback 5,6,7 NA E:]E:]LE]LE]LNA NA 615 54 CORAL MOUNTAIN RESORT SPECIFIC PLAN Min. Setback from Planning Area II NA 50' 15' NA NA NA 50' Max. Height '•$•9(ft/stories) 40'/3 40'/3 40'/3 30'/3 30'/3 40'/3 30'/2 Min. Bldg. Separation 9 15 6'� Max. Pole Light Height 25' 40' 25' NA NA 25' 25' Max. Wall / Fence Height 6'lo g io 6 io 6 io 6 io 6 io g io 1 per full Min. Parking Provided", iz 1.1 per time 1 per 500 2 per unit 2 per unit 1 per 500 1 per key sf sf 1,000 sf employee Min. Parking Dimension 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19' 9' X 19, Min. Bicycle Parking Per Code Per Code Per Code Per Code Per Code Per Code Per Code Min. Golf Cart / NEV per Code Per Code Per Code Per Code Per Code Per Code Per Code Parking Min. Electric Vehicle per Code r Code E EPerCode Per Code Per Code Per Code Per Code Charging Spaces Footnotes: 1. Excluding garages, casitas or carriage units. 2. Detached garages/carports, casitas, carriage house units. 3. Where walk street occurs at rear or side property line, walk street setback shall govern. 616 55 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4. The following illustration depicts a typical interface between the Wave Basin and adjoining units, including the 5' property line setback. For conceptual purposes only, final layout and product to be determined. 4AW Pa H k . ftWAx 5. AC units and other mechanical equipment may encroach within setback up to Y from property line. 6. O'setback allowed for products, such as duplexes that share a common wall orzero lot line units with walls built to the side property line. 7. Excluding chimneys, porticos, parapets, and other incidental architectural features up to 5 feet. 8. Including rooftop deck and terraces (e.g. railings, parapets, furniture, shade structures, umbrellas, stairs, access lifts, elevator housings, etc.). 9. Subject to applicable building code requirements. 10. Security fencing up to 8' may be allowed if approved by the planning director. 11. Parking requirements for special events and temporary uses to be reviewed through the Temporary Use Permit Process. 12. Shared parking may be allowed subject to provisions of LQMC 9.150.060 General Note: All residential standards apply to both detached and attached units 617 56 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.4 PA -IV PARKS & RECREATION (PR) 3.4.1 Development Intent Planning Area IV (PA -IV) is intended to allow for open space, active -recreational, and ancillary uses compatible with the resort. This Planning Area contains approximately 24 acres that will allow open space and recreational activities, such as hiking trails, biking trails and ropes course. This also includes accommodation for a future public trail roughly following the toe of slope of Coral Mountain, to be constructed at such time as the Desert Recreation District obtains a lease extension from the Bureau of Reclamation (BOR) to allow connecting public trails to the south and west. 3.4.2 Allowable Uses All uses listed in the Parks and Recreation (PR) District of La Quinta Municipal Code Section 9.120.020 are allowed in PA -IV in accordance with Table 9-8 except that the uses listed below are specifically considered permitted uses. TABLE 3.4A - OPEN SPACE PERMITTED USES PERMITTED USES Multi -Use, Nature and Bike Courses/Trails Shade Structures, Relief Stations Recreational Equipment 1 Water Tanks and Reservoirs for purposes of domestic water use or fire flown Wayfinding Signage Outdoor Storage (For Resort and Wave Basin Operations). Footnote: 1. Including but not limited to aerial adventure and rope courses, bicycle park, ziplines, etc. 2. Including private wells and appurtenant facilities. 618 57 CORAL MOUNTAIN RESORT SPECIFIC PLAN 3.4.3 Development Standards The following development standards apply to property proposed for development designated the Land Use Plan and/or Zoning figures as Parks and Recreation PR and as described within the text of this Specific Plan. TABLE 3.413 - OPEN SPACE RECREATION DEVELOPMENT STANDARDS STANDARD Min. Building Site n/a Min. Lot Frontage n/a Max. Structure Height 12 ft Max. Height- Ropes Course/Zipline r 50 ft Max. Height - Other Recreational Equipment 20 ft Max. Building Coverage in PA IV 5,000 sf Max. Number of Stories 1 Min. Setback from Property Line loft Min. Parking Provided Per Code Min. Parking Dimension 9' X 19, Min. Bicycle Parking Per Code Min. Golf Cart / NEV Parking Per Code Min. Electric Vehicle Charging Spaces Per Code 619 58 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4 Design Guidelines The Wave Basin, Boardwalk, Hotel, and Surf Village at Coral Mountain The guidelines contained in this chapter identify unifying elements for design of permanent buildings and landscaping within each Planning Area. Renderings, simulations and photographs are intended as thematic illustrations and do not depict final designs, nor should they limit the range of creative expression available to the developer or their professional design team. These guidelines will be reflected in subsequent implementing subdivision maps and development permits.The Specific Plan emphasizes the creation of low -density, walkable neighborhoods oriented around the Wave as the central amenity within the Project. These guidelines will assist the developer of the Specific Plan project to execute a built environment that incorporates the following main concepts: Develop a private resort that includes recreational amenities, retail shops and diningvenues. Establish residential neighborhoods that are linked through multi -use trails that connect neighborhoods throughout the Project. "Walk Streets" will provide internal connection between facilities within the Resort and the wave basin. 620 59 CORAL MOUNTAIN RESORT SPECIFIC PLAN Resort residential "Walk Street" with vehicular "Resort Drive" cross -street Establish a density hierarchy that situates the highest density development within the resort and gradually reduces density as you move away from the resort into the surrounding residential neighborhoods. Develop buildings which respond to the desert environment and utilize passive heating / cooling techniques through orientation and design. Incorporate a variety of open space and recreational uses (active and passive). Design a planned community that complements existing development in the surrounding area and is compatible with the surrounding environment. Develop a high -quality private wave basin (The Wave) that provides unique recreational opportunities for future residents of the Project and creates a landmark facility that will enhance the City's reputation as the "Gem of the Desert". Develop a community that is visually attractive and captures the essence of the Coral Mountain landscape. 621 60 CORAL MOUNTAIN RESORT SPECIFIC PLAN Embrace "Desert Modern" as the over -arching architectural theme for the entire project. The intent of this broad theme is to encourage creativity, flexibility, variability, diversity and individuality when considering the architectural design of buildings within the development. To implement these concepts, design guidelines and standards are provided for each of the Specifc Plan's four Planning Areas. 622 61 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.1 NEIGHBORHOOD COMMERCIAL(PA-1) GUIDELINES 4.1.1 Design Vision The Neighborhood Commercial (PA-1) area will create a memorable arrival experience to the overall Project and provide an attractive public retail experience. This commercial cornerwill provide resort guests, homeowners, and neighbors with convenient retail, food and beverage services in a relaxed lifestyle environment. 1 Neighborhood Commercial character inspiration The Neighborhood Commercial area has been planned as a publicly -accessible retail commercial use fronting Madison Street and Avenue 58. It is anticipated that the commercial development will include both neighborhood- and visitor -serving businesses. In addition to vehicular access, a multi -use trail will accommodate pedestrian and bicycle access from within the Coral Mountain Resort communities and from sidewalks on adjoining public streets. Commercial buildings will be one and two-story with pedestrian - level interest or detailing. The following principles are intended to guide the overall design and development goals of the Neighborhood Commercial area: Streets will maintain a narrow road profile with on -street parking to help slow traffic and encourage walking or electric cart circulation. Utilize smaller, neighborhood -scale retail buildings to create a walkable, pedestrian -friendly environment. Shade and pedestrian comfort will be provided through the use of arcades, shade devices, landscaping, and building orientation. 623 62 CORAL MOUNTAIN RESORT SPECIFIC PLAN Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian scale of the commercial area and to provide comfortable spaces for outdoor dining. Provide flexibility in commercial architecture to encourage creative and innovative retail concepts. 4.1.2 Materials Materials for Neighborhood Commercial (PA -I) should be complementary to Tourist Commercial (PA -III) materials and feature high-performance characteristics with sustainable attributes. Natural stone, stucco, architectural concrete, pre -finished metal panels, cementitious panels or siding, and thermally -modified wood siding maybe utilized as the finish material for vertical surfaces in a range of natural colors which complement the desert landscape. Roofing products may be selected from a variety of metal profiles like corrugated or standing seam as well as a variety of membrane roofs. The colors of the roofing materials shall conform to a range of lighter tones to reduce heat gain such as white, sand, and gray. Roof mounted photo -voltaic solar panels may be used throughout the Project to encourage the use of alternate transportation within the Project. Parking areas shall provide clearly defined pedestrian circulation. 624 63 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.2 LOW DENSITY RESIDENTIAL (PA -II) GUIDELINES Planning Area II (PA -II) will accommodate residential neighborhoods that take access from the primary entry road. Residences here will take advantage of spectacular south to southwest facing views of Coral Mountain and the Santa Rosa Mountains. Pedestrian and bike trails will provide multi -use connectivity to the Wave resort and Neighborhood Commercial area. These guidelines shall apply equally to both attached and detached products. 4.2.1 Design Vision The intent in PA -II is to create residential neighborhoods that maximize privacy between individual homes while embracing the desert landscape. Residential design may be reflective of contemporary desert architecture, desert vernacular, and simple interpretations of agricultural form. Spanish Colonial, Moorish, or other historically themed architectural styles should be avoided withing the "Desert Modern" theme for the project. 625 64 CORAL MOUNTAIN RESORT SPECIFIC PLAN Residential design inspired and informed by the desert environment Planning for the residential areas within the Specific Plan is oriented towards and influenced by the resort and village core as the activity hub for the Project with open space and trail connections providing easy access to all amenities. Residents are encouraged to walk or use alternate forms of transportation to access the Resort to help promote a pedestrian friendly community and reduce traffic. The climate in La Quinta is characterized by sunny and hot weather in the summer and relatively mild winters with excellent air clarity. The design of residences shall incorporate elements that respond to these conditions, such as patios, courtyards, arcades, plazas, and outdoor pedestian areas which encourage residents to take advantage of outdoor living. Other residential site planning considerations include the following: The placement of structures should consider prevalent environmental conditions including sun orientation, prevailing winds, and desired views. Orientation of residential development edges should maximize view potential and access to natural open areas and recreation areas. Varying house configurations are encouraged to promote variety in the street scene. A combination of side -entering and front -entering garages with varied driveway locations are encouraged in orderto manage repetitive curb cuts and yard patterns. Recreation areas/greenbelt features shall be, wherever feasible, visible upon entry to neighborhoods to enhance neighborhood value. 626 65 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.2.2 Materials Building materials will feature high-performance characteristics meant to reduce carbon footprint with sustainable attributes. Natural stone, stucco, architectural concrete, pre - finished metal panels, cementitious panels or siding, and thermally -modified wood siding may be utilized as the finish material forvertical surfaces in a range of natural colors which complement the desert landscape. Roofing products may be selected from a variety of metal profiles like corrugated or standing seam as well as a variety of membrane. The colors of the roofing materials shall conform a range of lighter tones to reduce heat gain such as white, sand, and gray. Roof mounted photo -voltaic solar panels may be used throughout the project. PSJ Sustainable and high-performance residential building materials 4.2.3 Massing and Scale Residences will be broken down into a collection of building forms to avoid a singular massing expression. Courtyards are encouraged as an effective way to engage the desert landscape while reducing the apparent mass of a home. Stand alone casitas or guest and pool houses as well as detached garages with and without carriage units are encouraged. Buildings shall be generally one-story in scale and appropriately massed with secondary two-story elements that create visual intrest. Porches, loggias, trellises, and brise-soleil are encouraged to provide solar control and create opportunities to express crafted details. 4.2.4 Architecture Residences should express the individuality of the homeowner with the intent of creating a place instead of a Project. A variety of architectural designs are preferred. Further, special consideration should be given to passive solar building orientation in order to develop custom homes that perform efficiently in the desert environment. 627 66 CORAL MOUNTAIN RESORT SPECIFIC PLAN Windows and Doors To withstand the desert heat, high-performance residential windows with responsive passive solar shading strategies are encouraged. Window sash colors shall complement the building. Large panes or walls of operable glass allow spaces to flow seamlessly indoor - outdoor may be used at select locations. Window and door details that reveal the depth of the wall assembly are encouraged. If trim is used, it shall complement the building. The style of windows shall be compatible with the architectural style of the residence. The eclectic use of different window styles or shapes on one building plane may be considered appropriate provided the resulting composition remains coherent. Clerestory windows encouraging a natural stack effect for ventilation and visually allowing the roof to float above the wall plane shall be used as long as they are consistent with the style of the residence. A variety of residential window and door configurations adapted for the desert environment Entries The entry of a residence shall be an important design consideration for PA -II. Entries can be signified by porches, trellises, columns, recesses, projections, sidelights, other architectural features and\or vibrant color accents. Residential entries shall be scaled appropriately. 628 67 CORAL MOUNTAIN RESORT SPECIFIC PLAN Porches, Loggias, Balconies, and Railings Front porches encourage neighborly interaction and signify entry to the unit. Porches and loggias shall be incorporated into residential design to the greatest extent possible with a focus on craftsmanship and sun control. Porches, loggias, and balconies facilitate seamless indoor -outdoor experiences and provide visual interest, shadow, texture, and shade. Second story balconies shall be designed as an integral component of the residence and may be expressed as recessed or additive. Railing details will be in harmony with the architectural character of the residence. Residential porches functioning as shading devices from the intense sun Columns Columns shall be used as structural elements consistent with the architectural expression of an individual residence. Columns may be used as supports for porches, loggias, balconies, and roofs and express craftsmanship through connection details or material assemblies. Use of historic column forms (doric, ionic, corinthian, etc.) are not permitted. Chimneys Chimneys are often important design elements and signature features on residences. Chimney caps shall be simple in design and provide visual screening for vent or flue terminuses. The design of chimneys shall be compatible with residential architecture. 629 68 CORAL MOUNTAIN RESORT SPECIFIC PLAN Garage Doors Garage doors shall be compatible with the architectural style of the residence. Design details like porches, trellises, or deep recesses minimize the impact of garage doors from the driveway and street. It is encouraged that two single doors (or a single door designed to look like two doors) be utilized for two -car garages while three -car garages may incorporate a double door and single door or three single doors. Where three car garages are proposed, at least one garage entrance should be offset or detached from the remaining two entrances. Exterior Stairs Exterior Stairs shall be simple elements which complement the massing and form of the residence. Building Details Exterior residential mechanical equipment shall be screened from view by walls, fences, or landscaping. Guest houses, casitas, detached garages, and carports will be integrated into the design of individual residences and neighborhoods. Finish materials on raised planters for floral, vegetable, or herb gardens should complement materials used in the residence. Flashing and sheet -metal shall be prefinished. Vents, roof appurtenances, gutters, and downspouts shall be integrated into the residential design or screened from view. 4.2.5 Outdoor Spaces Residential courtyards and outdoorspaces will be designed to seamlessly integrate indoor and outdoor experiences. Trees, shade canopies, trellises, or other landscape elements provide shade and comfort and create outdoor gathering spaces that connect with interior uses. 630 69 CORAL MOUNTAIN RESORT SPECIFIC PLAN Thoughtfully planned outdoor spaces create privacy for individual residences Walls and Fences When walls and fences are visible from any street, open space, or other common areas, they shall be compatible in material, color, and design of adjacent architectural features. 4.2.6 Parking All residential parking areas, including auto -courts, shall be screened from view of adjacent roadways and neighbors. 631 70 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.3 TOURIST COMMERCIAL (PA -III) GUIDELINES 4.3.1 Design Vision Appropriate site planning as described below shall be used to ensure functional and aesthetic development within the Tourist Commercial area that contains the wave basin and resort hotel. These guidelines are intended to be flexible and not all guidelines are applicable in all situations. Reasonable application of guidelines in orderto achieve a high - quality consistency in design theme within the adjacent architectural context will be necessary. The following principles shall be used in the design and development of the Tourist Commercial planning area: Create a casual and comfortable neighborhood scale within a walkable, pedestrian friendly environment. Establish a "Main Street" feel with emphasis toward on -street parking. Encourage a variety of small boutique retailers to enhance the resort experience. Maintain flexibility to encourage creative and innovative resort concepts. Main Street arrival into Resort 632 71 CORAL MOUNTAIN RESORT SPECIFIC PLAN The Tourist Commercial area has been planned to function as the social center of the community and contains a variety of resort hotel amenities including: The Wave, retail shops, a boutique hotel, and dining venues. The Tourist Commercial area has been designed to minimize the use of cars and encourage walking by linking central amenities with the neighborhoods through pedestrian -friendly roadway detailing and the creation of a community -wide "Walk Street" network. The following principles are intended to guide the overall design and development goals of the Tourist Commercial area: Establish a "Main Street" feel with an emphasis toward on -street parking "Walk Streets" will terminate on The Wave providing a physical and visual connection from the neighborhoods to the resort. Streets will maintain a narrow road profile with on -street parking to help slow traffic and encourage walking or electric cart circulation. The resort will focus on establishing neighborhood scale buildings and a walkable, pedestrian -friendly environment. HOA and club amenities will be spread throughout the resort to create several group function areas and a lively pedestrian experience. Shade and pedestrian comfort will be provided through the use of arcades, shade devices, landscaping, and proper solar orientation when siting buildings. Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian scale of the community. 4.3.2 Elements The climate in La Quinta is characterized by sunny and hot weather in the summer and relatively mild winters that feature excellent air clarity. The design of Resort Residences in PA -III shall incorporate elements that respond to these conditions, such as patios, courtyards, arcades, plazas and Walk Streets which encourage residents to take advantage of outdoor living. Other residential site planning considerations include the following: The placement of structures should consider prevalent environmental conditions including sun orientation, prevailing winds and desired views. Orientation of residential development edges should maximize view potential and access to natural open areas and recreation areas. The entry of a residence shall be an important design consideration for PA -III. The majority of residences will have two entries one oriented towards a Walk Streetand one towards a vehicular street. 72 633 CORAL MOUNTAIN RESORT SPECIFIC PLAN Varying house configurations on corner lots are encouraged to promote variety along the street. A combination of side entering and front -entering garages and varied driveway locations are encouraged to breakup repetitive curb cuts and yard patterns. Guest parking shall be, wherever feasible, located to provide easy access to units. Neighborhoods bordering open areas shall be, wherever feasible, sited to maximize views of the amenities, while discouraging through access. Recreation areas/greenbelt features shall be, wherever feasible, visible upon entry to neighborhoods to enhance neighborhood value. Casual, relaxed main street vibe 4.3.3 Materials Architecture shall defer to the desert landscape with natural textures, tones, and materials consistent with the desert color palette of the Coachella Valley. Bright vibrant colors, echoing native desert wildflowers and artistic interpretations of the desert landscape, are encouraged as building accents or focal points within the resort. 634 73 CORAL MOUNTAIN RESORT SPECIFIC PLAN In order to visually support the resort concept, there will not be a predominant exterior building material for the project. An eclectic variety of high-performance materials ranging from cast or rammed earth to board -formed concrete and stucco orthermally-modified wood will be used. Additionally, natural stone, pre -finished metal panels, and cementitious panels or siding may also be utilized as the finish material for vertical surfaces in a range of natural colors which complement the desert landscape. Roof colors ranging from gray, beige, white, sand, taupe, or natural metals such as raw aluminum and bonderized steel provide a range of lighter color options compatible with the desert landscape while reducing heat gain. Roof materials shall be selected for high-performance characteristics in a variety of profiles like corrugated or standing seam metal as well as a variety of membrane roofs such as TPO Thermoplastic Polyolefin (TPO) or Polyvinyl Chloride (PVC). Roof mounted photo -voltaic solar panels and roof mounted evaporative cooling mechanical equipment with proper screening may be used throughout PA -III. Varied building materials create eclectic look 74 635 CORAL MOUNTAIN RESORT SPECIFIC PLAN Reclaimed or pre -weathered wood, tile, concrete block, and oxidized steel shall be appropriately incorporated as accent materials and be consistent with the architectural style of the resort. Pedestrian -level roof detail 636 75 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.3.4 Building Material Vignettes Thermally Modified Wood and Portland cement stucco - - t w mq raj a Ar _ r � or Natural Stone, Board -formed Concrete, and Breeze Block 000or / Z Z / / Oxidized Steel, Standing Seam Roofing, and TPO Membrane Roofing 637 76 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.3.5 Massing and Scale Buildings with small footprints shall be used as an integral part of the site planning design to provide open view corridors to the wave basin in a casual village -like setting. Building faces shall be offset from each other to highlight the spaces in between and clarify pedestrian nodes. Offset building corners provide subtle articulation. The massing strategy shall consist of an eclectic mix of primarily one- and two-story building heights and roof forms. Architectural projections, overhangs, and recesses shall be used to provide shadow, articulation, and scale to building elevations. Variety of roof and building forms Roof decks and terraces are encouraged to provide visual interest as well as activity above the street level. This may be accomplished with step -backs in the second level massing. An eclectic mix of roof forms from flat, parapet, ramped, shed, and gable create visual interest to the roofscape in the resort. Buildings shall incorporate, passive solar orientation and active technologies to respond to the desert climate of the Coachella Valley. The casual scale of PA -III shall be reflective of a village -like surf resort with the primary focus being the wave basin. The majority of the buildings will be one-story with small footprints and pedestrian level interest or details. A multi -story hotel shall be the dominant building mass and neighborhood landmark. Avoiding visual monotony, buildings with small footprints create a porous or open edge condition to the wave basin and allow pedestrians to wander casually between structures. 77 638 CORAL MOUNTAIN RESORT SPECIFIC PLAN Porches, trellises, and brise-soleil break up the building mass at the pedestrian level while providing shelter or relief from the intense desert sun as viewed from the street. Porches, trellises, and brise-soleil provide visual setbacks for the hotel on front, side, and rear elevations. Shaded outdoor spoces Side elevations provide an appropriate level of articulation for secondary facades from the neighborhood perspective and pedestrian experience. A variety of roof forms from flat to ramped and gabled, create visual interest reinforcing the eclectic nature of the resort. Repetition and variation are common themes in design and will be evaluated for visual interest with the roof scape throughout the resort. 4.3.6 Architecture The architectural character for the project is "Desert Modern." Within this over -arching theme, the characterfor PlanningArea III is intended to evoke the comforable, casual, vibe of a surf community. A variety of different building types will highlight an eclectic combination of materials and form. Sustainability, durability, and individuality are important factors to consider when designing buildings for Tourist Commercial uses. The 639 78 CORAL MOUNTAIN RESORT SPECIFIC PLAN resulting architecture should reinforce the idea of creating a place, not a project, and be fully integrated into the planning, landscape, and programming of Coral Mountain. Comfortable, casual, surf village vibe from the Hotel's Long House Windows and Doors Large expanses of high-performance aluminum, wood, wood -clad, or steel windows and operable door systems scaled to the interior space as well as adjacent covered exterior space are encouraged to support a seamless indoor -outdoor experience. Frames shall be painted or appropriately colored to complement the architecture. 640 79 CORAL MOUNTAIN RESORT SPECIFIC PLAN High-performance window and door systems promote indoor -outdoor living Rather than trimming, windows shall be integrated into the wall design to reveal the depth of the wall assembly. When expressed as a wall of glass, window or door systems shall be detailed to highlight the structural elements. The style of windows shall be compatible with the architectural style of the building. The eclectic use of different window styles or shapes on one building plane may be considered appropriate provided the resulting composition is complementary to the resort. Clerestory windows encouraging a natural stack effect for ventilation and visually allowing the roof to float above the wall plane shall be used as long as they are consistent with the building design. Entries Entry into individual buildings shall be identified by massing, wall offsets, roof elements, columns, porches, recesses or projections, accent windows or other architectural features. 641 80 CORAL MOUNTAIN RESORT SPECIFIC PLAN Emphasis on building entries Porches, Loggias, Balconies, and Railings Porches and loggias shall be incorporated into building design to the greatest extent possible with a focus on ground level detail and sun control. Porches, loggias, and balconies facilitate seamless indoor -outdoor experiences and provide visual interest, shadow, texture, and shade. Second story balconies and covered outdoor rooms shall be designed as an integral component of the building's architecture and may be expressed as recessed or additive. Railing details will be in harmony with the architectural character of the resort and express craftsmanship. Hotel roof deck offers views of the Wave Basin Columns Columns shall be used as structural elements consistent with the architectural expression of an individual building. 642 81 CORAL MOUNTAIN RESORT SPECIFIC PLAN Columns may be used as supports for porches, loggias, balconies, and roofs and expressed in structural steel, wood timbers, or as a simple mass element of stone, rammed -earth, architectural concrete, etc. Simple columns delineate outdoor spaces Chimneys Chimneys are often important design elements and signature features on buildings. Chimney caps shall be simple in design and provide visual screening forvent or flue terminuses. The design of chimneys shall be compatible with the building's architecture. Exposed metal flues with an applied decorative metal shroud are permitted. Garage Doors Resort residential garage doors shall be compatible with the architectural style of the residence. Design details like porches, trellises, or deep recesses minimize the impact of garage doors from the driveway and street. It is encouraged that two single doors (or a single door designed to look like two doors) be utilized for two -car garages in Resort Residential areas, while three -car garages may incorporate a double door and single door or three single doors. Exterior Stairs Exterior stairways shall be simple structural expressions which complement the architectural massing and form of the building. 643 82 CORAL MOUNTAIN RESORT SPECIFIC PLAN Connected upper and lower outdoor spaces Building Details Exterior mechanical equipment shall be screened from view by walls, fences, or landscaping. Roof mounted equipment shall also be screened with parapets as appropriate. Guest houses, casitas, detached garages, carports and gear / storage sheds will be integrated into the design of individual residences and neighborhoods. Finish materials on raised planters for floral, vegetable, or herb gardens should complement materials used on the building. Flashing and sheet -metal shall be prefinished. Vents, roof appurtenances, gutters, and downspouts shall be integrated into the building design or screened from view. Maintenance and Mechanical Buildings Simple, utilitarian, industrial out -buildings support Wave Basin operations. Access to these buildings is generally limited to staff; they are not public use. Durable, low - maintenance materials such as metal siding / metal roofing, stucco, cool -roof membranes, thermally modified woods, cement -board products, and exposed concrete block are allowed exterior finish materials. Exterior finish material colors will blend into the desert environment. Fencing may be wood, non -reflective metals, or concrete block. Building -mounted exterior code -required lighting will be source -shrouded down lighting and dark -sky compliant. Buildings will be 644 83 CORAL MOUNTAIN RESORT SPECIFIC PLAN compatible with overall project design theme and outdoor areas will be screened from public view using walls, landscape or other methods as appropriate. 4.3.7 Outdoor Spaces Outdoor spaces in the Tourist Commercial area will be detailed to reinforce the desert, vilage aesthetic established by the wave basin and Resort. The Boardwalk is the principal social space for the community, connecting with the trail and walk street networks and encouraging interaction among residents. Outdoor spaces in this central area also prioritize pedestrian movement through the use of landscape elements and paving details that reduce traffic speed and maximize comfort for non -vehicular circulation. Outdoor gathering space shored by Hotel Cositos Common Space Elements/Outdoor Gathering Areas Special common space areas such as paseos, plazas, and courtyards shall be created between buildings to further enhance the pedestrian scale of the commercial area and to provide comfortable spaces for outdoor dining. Trash enclosures, loading docks, rubbish bins, transformers, satellite antennas, processing equipment, and any other unsightly apparatuses must be screened 645 84 CORAL MOUNTAIN RESORT SPECIFIC PLAN from view through the use of landscape or architectural elements that are compatible with the building architecture in material, color and design. In Resort Residential areas, accessory buildings or structures for sports / recreation, storage, administration, mail / delivery, shall be compatible with the neighborhood. Gateways The use of gateways shall be compatible with the building's architecture. When used, gateways shall define thresholds into exterior spaces at entries, porches, patios, and courtyards. Architecturally -integrated gateways Walls and Fences Walls and fences shall be compatible in material, color, and design of adjacent architectural features. Integrated pony walls extend architecture 646 85 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.3.8 Parking Off-street surface parking shall be screened from view through the use of plant material or low walls that are consistent with the architectural style. Landscape treatments shall be used at surface parking areas to provide shade. In addition to vehicular parking spaces, golf cart and bicycle parking areas will be provided per City code to encourage the use of alternate transportation. Parking areas shall provide clearly defined pedestrian circulation. 647 86 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.4 LANDSCAPE GUIDELINES Theta ndscape design will establish an identity and theme for the Project and will bean overall unifying element. 4.4.1 Landscape Elements Figure 21 Conceptual Landscape Plan depicts the overall landscape concept for the Project for illustrative purposes. Generally, the conceptual landscape plan incorporates landscape elements that establish a "sense of place" and creates visual unity and compatibility throughout the Project. Key landscape elements would include entryways, streetscapes, and common areas described below. Final landscape design will be subject to Site Development Permit review and Final Landscaping Plan permits. Project Entries The principal community entry from Madison Street is intended to create a "sense of place" upon entering the Project. Walls, fences, monumentation, and all other hardscape elements will utilize materials, color, and detailing that are compatible with the Project architecture. Landscape plantings distinguish the Project entrance through the use of grove trees and textural shrubs and grasses. Resort Drive The primary entry road leading from the primary project entry transitions to become the Resort Drive upon entering the Resort core. Providing on -street parking and a fromal row of street trees in the Resort and a more informal arrangement of water efficient trees and shrubs between the Resort and the entry, the landscape treatment along this spine road is designed to establish physical and visual connectivity between uses within the Project. Perimeter Public Streetscape Landscaping and trails along the perimeter roadway frontages are designed to provide a varied, comforting environment for pedestrians, cyclists, and equestrians through provision of a meandering multi -use trail as a component of the public street system. Informal arrangements of water efficient, drought tolerant plantings create interest through texture, color, and form. Common Areas Common area landscaping is intended to complement the resort nature of the Project, creating a unique sense of place and connectivity. West of the wave basin, the trail network connects to the community trail system. Select tree and shrub plantings will blend with the native landscape, providing shade for the open space areas and a backdrop to the 648 87 CORAL MOUNTAIN RESORT SPECIFIC PLAN wave basin. South of the wave basin the area allows for flexible, temporary uses during special events. Landscape elements will be designed to accommodate mobile vendors, tents, portapotties, and event visitors, creating comfort but allowing flexible uses. 4.4.2 Thematic Planting Zones Figure 22, Planting Zones Diagram identifies the various Thematic Planting Zones within the project. Each Planting Zone is described in further detail in Figures 23-26. Native Landscape: As illustrated in Figure22, Planting Zones Diagram, this Area is to be maintained as existing landscape and preserved as open space. These areas may require refurbushing and some ongoing maintenance. Desert Revegetation: Depicted in Figure 23, Planting Zones Diagram: Desert Revegetation, the Desert Revegetation Landscape links the community with the native Coral Mountain landscape by creating an enhanced planting zone that steadily transitions to the surrounding open spaces and landscapes as it nears the southern and western perimeter of the Coral Mountain Resort property. This enhancement of a largely native landscape provides a more robust trail and outdoor pursuits experience while also creating a varied and dynamic backdrop for the wave and the greater resort community, helping to screen Back of House elements and the view of the dike from the village core. Desert garden: As shown in Figure 24, Planting Zones Diagram: Desert Garden, the Desert Garden Landscape engages the resort property with the estate residential lots and the planned future residential phases within the community ocean by cultivating a curated "desert" environment within the common areas along roadways orwoven into each neighborhood. Residents can walk out their back door and immediately be immersed in the Coral Mountain resort experience. Ths garden landscape is characterized by a mix of date palms and washingtonia palms, coastal scaevola, beach grasses, and a selection of water efficient accent trees, shrubs, and grasses. As part of the planting concept, "edible plant palettes" may be established within this zone as appropriate to service culinary and community food security needs. 649 88 CORAL MOUNTAIN RESORT SPECIFIC PLAN Desert Oasis Depicted in Figure 25, Planting Zones Diagram: Desert Oaisis the Desert Oasis Landscape is located at the main arrival points, the entry road, Surf Club, and the Farm, providing guests a more punctuated, welcoming garden retreat as a contrast to the surrounding desert landscape. Ths landscape is characterized by a greater mixture of foliage colors and types, with species that maintain their appearance throughout the year. The landscape and architecture work together to provide a shady and comfortable environment. Flowering accent plants add seasonal interest throughout the year. The design geometry is casual, but has a direct relationship to the surrounding architecture. The contrast between straight, formal architectural walls and the flowing, organic landscape creates a dynamic signature for key gathering spaces within the resort. Village Landscape Illustrated in Figure 26, Planting Zones Diagram: Village Landscape, the Village Landscape consists primarily of streetscape and limited common area plantings within the village core, and is more "urban" in character. Trees and palms that afford shade and provide an architectural quality through their arrangement are a domanint component of this landscape zone. Accent shrubs, grasses, and succulents enhance the urban, architectural quality of the village core. Allees or groves of palm or citrus afford a geometric framework within select "public" spaces such as the hotel arrival, along the boardwalk, or in parking areas. In parks or other village common areas the planting geometry is more casual and varied. As part of the planting concept, "edible plant palettes" may be established within this zone as appropriate to service culinary and community food security needs. 650 89 CORAL MOUNTAIN RESORT SPECIFIC PLAN Legend: Project Boundary �fJ i'► 4$. $ I Source: Vita MSA CONSULTING, IN PLANNING >CIVIL ENGINEEPING> LAND SURVEYING MSACONSULTINGINC.COM -V 0 R ,l Z` N.T.S. Exhibit Date: July 27, 2022 CONCEPTUAL LANDSCAPE PLAN FIGURE 21 PAGE 90 651 CORAL MOUNTAIN RESORT SPECIFIC PLAN Native LlndLstvrbed L4mdwp4Xc 1.— --da bL I]a9$rt RCL+ewatlam: * hku�lir W o-rrG>•4 e9Millt l�r�JA kr.k�ll_Lb 4Mnl Y.mr�w r �Ir M1�m Y! 2a�•rur�w • ��.�,�„�,r L, v. rycq�iir a+Jpm.rc �uvbWikloL . Lrxnrer. LUY w r. •ail+u anauW m• J.n atW Lmcr. . IrKn..� »rr.L=fke++�411 •,..� ur M1P„II. uYr. W urr.J+ rM n V 41k•c rber n�JkK+ iik•1 �I4 Ys ry ¢o-+AfF uJ■ ■I r■ Mke J+ Caw 14FNxFM . Jrw. nl s�Ve• wi, �� an m.+ airy .,pub rlsrr. Dmart Gwd4m; • !hx.r "'llllrp mordr d'4t•nl'*V WPtYnY'3'+•M 1lwmxn:nlapF = Larrrrlr ua ul.rt r.dry wNN nr ■no ttt,8 f(tiLrY • �r*�4� �rwPr.rYa dJ+l IGFAf -ram. �1 nu,� 1�� � Ir�Yr d� N+•axdmn �rdlnl , R 3nl�l•7m9_NC W�a MIr[[Ja���11Yr,IMLI Omert Wt�L + lxYf W 4F yMwk J 1L! bll�lr �rr[I�'r k. W 7YIYr .- ti�rrlM •Y • I •rrinn oTltu�4v vr.�l rrnl. rihlln��l limes• bk� ohn�hr a �oua9'an . - iofrviM+ka++Oo''or ia•I� v,F�o ! JN .ya hrm�b IM. M1rm, kTrl tlmV• mr ms•n4.nJ P.rYik � rr. d url.rdl ` �GYSIn4r Qgll IkW mA1•x I+Lrvhn• �NF F�r.'aT 1x'Ib IrWll raW. MI,• JAI plr rl.rLn r.rrJ+srsiJl� n.•c�� IF' �mlrwa+ L. Dy —6-d uL khc yilUu iwae 1+1lIegE 1.arad�WDek - :�n�-. Ind Irr wnmri w Inn7r f i+rr s � ,.M r...f.lr f 'fl T IHIJ r' n YIYMI�k'M ]r MJL10 r�•Yr +atinyIrru.ar keaak.�w r+e ra,l,s.lt dd"w.kfkl y kY,hl�Jhll wt rdRnh'[w Ir bu.ltl• h+sxp FMrp Jw It-wm JPr 1 I .00R I -- -� - — N.T.S. Source: Vita Exhibit Date: July 27, 2022 PLANTING ZONES DIAGRAM &TI;4 MSA CONSULTING, INC. %al > VLANNINC>CIVIL ENCINEERINC> LAND SURVEYING MSACONSULTINGINC.COM FIGURE 22 PAGE 91 652 CORAL MOUNTAIN RESORT SPECIFIC PLAN Base Plants x Dula P.n } Muffin Fqn P�n� SYfnVybw m7�1ea I 1 W:N/ 71rlS��b RSu.,�.0 gq.k4Snv nlJSlfgV Maki A C1YW wWin GilN[Ltiw' # dr 6»tlo FYwg4N� ��MYR Desert Revegetatlon TnC ❑esert R&Om3etahorh I- ,OsC3ps IR+Iks the comrnunety vAlh the rratNe Coral lwlRialtam lorws ape"treating an sin homed pI&r rlg zone that !3bmdlly Iransdlans to the simounding open spaces and Landscapes as N nears the southern and weatem perirmer of the C:. ral Mountain Rinsch property. This eL9hanPWll6nt of a largely nalrye landscape proM,des a mere robust frail and outdoor pursulLs exper*nce while a -so erowing a varied and dynamic b&ckdrop for the wave and the gm*r+esort comrinirky, helping io screen Back of House elements and the x+lew of the dyke frpm the vlNage rare AklifO":fir Nd" GMAWMkkw DOWAKA OMF COMWkHANF. PALMS 9'R_ l a 6icl].Y�.a Pik'P.6. c�a Akmda— Fwrw. mn A." WwhpVf.lum .a. Oft wn ran Paw Dw'. ,"f Aid rriryglndlju0ua 5'Ih7W �ctihXk p4g."my'N" }RfkF A-4 WTV" r—u p- rp— rKkM%FR V. daarp— P.1.8— AM!kug-p— — L'ae G— GmrkglPo.bm tl4w slrla vw-h M.�r Q5 ndnban hbml NaGi.ile AmAril Pkwta #+-11• dOr • ti ll hMu 1 � t 4 o T 9Y.r Pea Yt:Q¢ [:eTiGom kd9dYa1 29 fl�r[7 tits r YIXrJ MD`..Ll {lek a yir-7iv r r7w�n .SUM Au �� arsua x�a u Source: Vita Exhibit Date: July 27, 2022 MSA CONSULTING, INC. > PLANNING>CIVIL ENGINEEPING> LAND SURVEYING MSACONSULTINGINC.COM PLANTING ZONES DIAGRAM: DESERT REVEGETATION FIGURE 23 PAGE 92 653 CORAL MOUNTAIN RESORT SPECIFIC PLAN Base Punts haul Palen A1k�4r dru'ft7yra � 4 I t 5{4f(IP}7`A4 MSA11a .�{�{hgra•.yk� �I�l � exRo taw.+k..wr.v bow *Pow bm7ftfW40f w Source: Vita Desert Garden The UesertGardan Landscape engages 1he resort propertywlth the estate r"derltlal lots and the pianrma futtme easidentrat prrasas wltn In thb mrimmonity cpeen by =rdyatrrrg a euraled'deaen' en VlranrnenL m[Nn the Common areas atang made ay's or woven Into each neighbartraod. Rasidents emn walk out their back door and immediately be immlereed �n the Coral Mountaicn resort exp&ence. Ths garden landscape Is charactermed by a rr tm ai dale} palms and washinglaT+a Palms• 013ast2l scar VOW hearth Brasses• anrf a sele3ctian of wafer of riePt accent trees. shrubs, and grasses. isMSA CONSULTING, INC. PLANNING CIVI L ENGINEERI NG � LAND SURVEYING MSACO N SU LTI NG I NC.CO M KNANIC10 NAW CGNF1ZP,-NAhkC %0115 PYroi"6--rr}fry r;.. Pprrn rVtla1111Peu1r.1lo0oY9 W&WAI Fi9 P— A..s A.. - a- A Cratll �w�wl.�ia h—k—*3—m WJ: ftk3wre. Prl*wb VA11mat" K.Wj JW mW 100TAi11GJ. MANE SHROA5 GtiFArao+'47R hIAIh4 L�Ia'dAl�th Aubrtedl FRn6PIgIw�'dr•R [1.+Ln M1I/!foem .7yjd'•vn wNnYf.n' CO4WON PONE Mo~prwwl Fun P— T' a R.->. T,tler Jr 9md A— lkara 13-1 %- 91RAM.5 ma."Wum'v ai JMrggrr Accent Pyen1$ 0Of -- Na-"r M14s�uNr Pr 4i, �n LA.0 1 � 4 F�oapp�au {cN.Di f f ♦QvL■ PSq W". W.'.+xvnF eardra QpIY I Sir: ADi—N A[a!4 IIYIPi �R•IiR Flat in�11pA1ey Alq�plry Exhibit Date: 3uly27, 2022 PLANTING ZONES DIAGRAM: DESERT GARDEN FIGURE 24 PAGE 93 654 CORAL MOUNTAIN RESORT SPECIFIC PLAN aaso ?lamts �Jlu Fes: F Phuv+u' dT7xi4•� r 4 l FA�riUn �ni Rolm rvssSrirv�Eo.'w rW�+y{q {iwn Pnh VerJn LtiniiNim RsrA.r k r — r l k r • ti I� MI�•.i •. •,•iar•ii Ix�rr*II Desert Oasis 74e 0eserl QaeIS Landscape 15 located at the mo[n anwal pocnts. the a ntry toad, Surf CWD, aad lne Farfn• pmWing guess a more punctuated• me4coming garden rotreal as a cankrast is 1ne surrounding desert handseapa. Ths landscape is cttmwebmd by a graater mmure of foliage adders and lypes, wish species that mainwin their appearance throughout the Velar- The landscape and arcty to lure work togeltter to prnvitle a shady and comrortaale snvlronPwt Flowering accent plants add seasonal interesl mmugrmt the year• The desipn geometry is casual, but has a direct reL5tlongt,ip to t�e 5uuouFtdit arclrlleciure The contrast between 9Vaighl, fc3rngf arGhrtlNtWr91 walls an+i tie kMq rkg. arganlc iandswpe rreatab a dynamic rrgnature for kay gathering spares wrkbin the resari- acmrimuh4 kAw Ccvdrarm 1Awk WrlMDAt RME [ N-WH %mT. AdLma 2NlRIRg nynM'pyn tr W iilUlml.Y9-Kbl*d- NIIV-mi �GSYx+ddKl}'%�F'9 r o i w- &x1 CWL64 IYaeh�n,e �oEva� lkxa+�ar �� SN}Y�n+npgn�q ]!�� �.�7i06� ,Y#.pr. S.Gw55E5 h.— u:rks Fiieei5 9w+.Y+ a; Ms Feenna 01—m co— ! Y, r— e-cHvmi dxAJLm Nh PWAxdn GNerh�nn yp�rq� N*m R s Aa*%Ti GVGF 5pn44o Lt4R A,j— ff—,&.. [AD.. hm Uw. Ayiwo do-n-M u --..JhApr,c FbtiF Fk¢4+40 hiI&#r4�5 [-W'ry C&V` Apdw Ame. in7 (M-ml np�M Ld�Y�dJ 1TCnh4hT C�OL�IA.° 5 Acomt Mauls r - I1cne7 Fieapwle lYffg-px ph4^xa:ui k � w Ap747 �IhOY� KFnpFwd Pok AnpoaonT�ou 1o�Mrs L71W t�rymYirt i:tl d er&s" sy.w m.. Source: Vita Exhibit Date: July 27, 2022 MSA CONSULTING, INC. > PLANNING>CIVIL ENGINEEPING> LAND SURVEYING MSACONSULTINGINC.COM PLANTING ZONES DIAGRAM: DESERT OASIS FIGURE 25 PAGE 94 655 CORAL MOUNTAIN RESORT SPECIFIC PLAN Basin Plants �me� �T�rrre I ► 1 � A+azr,['S rs�� Var ISL�r.,r_ny ado:w ra.,rra Py1x1 4ga.'� �W �r 1 ti 15� h .y ,J nn. Pam Village Landscape The vlilage Landscape consists primarily of 9treeiscape aM umdld 00rnmon area plantings v Zin the village WM are is more -urban' in eharacler Trees and palms that siford shade and provide an aich4a ct;inl qm Ilty through their a -mng eemni are a doffs inl owVunenl oI this lar[dacape z*no. Accent shrubs, grasses. and auccular[ts enhance the urban, architachxal quality of the vilkage core Mess or groves oFpWm or dM affbcd a geomle do framework within sekect °publlC spaces such as #ie h=1 a-dval, along ilia boardwalk, a irr In Daft or other villiape oprrw*n areas dte p%n"n gear'neby Is more Casual and idnr{ed nOTM C:01. }LAME dEWWCIN r4AME KrlmICN HAW 'AMA}t '01WE PAL1.491 WPiRLIFIS 05amrae,ocvr ft."ft rAedien-seon fa,[Pars 11-9 to ZI—f PWDW RXPI[ 6w4d—ka FMy—fA%W S FAA Pon NB[x Prm H�Sf:[adertie nx['efe k4e.r f-r-,ft §4W. 7IRMWACJ IiUpU '.berfLtr nrmae Sia d nhratllee `WEI A--0 77'errl 9xwH AralySPASSRS [mrn— f—l— OF. hxi%Wde F"4k"g16aa Ninnh'ni R'n FftD* (.)A[Q{I[n71 p1ltitilY fto Woe 441[I--p4-W. deal V.... SdW p 5"P;,4 C". t'm —do. 9M ACCwrs F.S131. H.. V M Y— Al*, ii"L[CY ~ky— A4dn rmlcr4o7 ropf'De �,.a[rF'{r'LOno F'&Ovr AoCoM Plants T.��r 5hcir+�e ay,. P�n,rravuararru. ►w, — CT.tAs— +ti77M aSw»ol� 0 t � i ��Mh {LY�ww.in, 93u�rsrrYua i]mx+ktrF'h. ti �5 ,7ou deva MAlAMdOM��I KO±.A} Source: Vita Exhibit Date: July 27, 2022 40 MSA CONSULTING, INC. PLANNING>CIVIL ENGINEERING> LAND SURVEYING MSACONSULTINGINC.COM PLANTING ZONES DIAGRAM: VILLAGE LANDSCAPE FIGURE 26 PAGE 95 656 CORAL MOUNTAIN RESORT SPECIFIC PLAN 4.4.3 Plant Material Palette Table 3, Plant Material Palette, provides a list of compatible trees, shrubs, and groundcovers to be incorporated as part of the landscape design. Landscape architecture for the Specific Plan is intended to create a lush desert character of visual variety and textural interest while complying with water conserving techniques based on plant selection and technical irrigation system design. Consistent with this goal, use of drought tolerant plant material is a primary consideration in the development of the plant palette to further aid in the conservation of water while promoting this lush desert theme in the prevailing landscape image. To provide guidance to the builders and designers of future projects within the Project, the plant material palette gives guidance to builders and developers within the Project. Species in addition to those listed are to be considered in order to provide diversity; however, the plant material in the list provided is relatively successful in the unique soil and climactic conditions of Project site. TABLE 3: PLANT MATERIAL PALETTE BOTANICAL NAME COMMON NAME Acacia Aneura Mulga Trees Acacia salicina* Native Willow* Acacia saligna* Blue Leaf Wattle* Acacia smalli* Desert Sweet Acacia* Acacia stenophylla* Shoestring Acacia* Albizia julibrissin Mimosa Tree Bauhinia purpurea Purple Orchid Tree Brahea armata Mexican Blue Brachychiton populneus Palm Bottle Tree Caesalpinia cacalaco Cascalote Callistemon viminalis Bottlebrush Tree Cercidium floridum Blue Palo Verde Cercidium hybrid Desert Museum Cercidium praecox Palo Brea Chamerops humilis Med. Fan Palm Chilopsis linearis Desert Willow Chitalpa tashkentenis Chitalpa Chorisia linearis Desert Willow Chorisia speciosa Silk Floss Tree 657 96 CORAL MOUNTAIN RESORT SPECIFIC PLAN Citrus Species Citrus Cupressus sempervirens Italian Cypress Indian Dalbergia sissoo Indian Rosewood Eysenhardtia orthocarpa Kidneywood Fraxinus Uhdei 'Majestic Beauty' Evergreen Ash Fraxinus velutina Arizona Ash Geijera parviflora Australian Willow Humilis Med. Fan Palm Jacaranda mimosifolia Jacaranda Koelreuteria bipinnata Chinese Lantern Tree Lagerstroemia indica Crape Myrtle Lysiloma microphylla var. thomberri Feather Bush Melaleuca quinquenervia Cajeput Tree Olea europaea* Olive*,** Olneya Tesota Desert Ironwood Parkinsonia aculeata* Mexican Palo Verde* Phoenix dactylifera* Date Palm'` Pinus canariensis Canary Island Pine Pinus eldarica Afghan Pine Pinus halepensis Aleppo Pine Pistacia chinensis Chinese Pistache Pithecellobium mexicanum Mexican Ebony Pithecellobium spinosa Texas Ebony Prosopis chilensis Chilean Mesquite Prosopis glandulosa Texas Honey Mesquite Quercus agrifolia Coast Live Oak Quercus suber Crok Oak Quercus virginiana Southern Live Oak Rhus lancea African Sumac Tipuana tipu Tipu Tree Thevetia peruviana Yellow Oleander Ulmus parvifolia "Drake" Drake Elm Vitex agnus-castus Chase Tree Washingtonia filifera California Fan Palm Washingtonia robusta" Mexican Fan Palm* 658 97 CORAL MOUNTAIN RESORT SPECIFIC PLAN SHRUBS Acacia farnesiana* Bucida buceris Prosopis species Caesalpinia pulcherrima Carissa grandiflora Cassia nemophilla Chrysactinia mexicana Chrysothamnus nauseosus Dietes vegeta Dodonaea viscosa Hemerocallis hybrid Heteromeles arbutifolia Hibiscus species Justicia califomica Leucophyllum Species Myrtus communis'Compacta' Nandina domestica Photinia fraseri Phormium tenax Pittosporum tobira Prunus caroliniana Rhaphiolepis indica Rosmarinus officinalis Ruellia brittonia 'Katie' Ruellia californica Simmondsia chinensis Sophora secundiflora Tecoma stans'Angustata' Tecomaria capensis Xlyosma congestum GROUND- Acacia redolens `Desert Carpet'* Baccharis x Centennial COVER Bougainvillea Species Dalea greggii Lantana camara `New Gold Lantana montevidensis Myoporum parvifolium Pyracantha fortuneana Rosmarinus officinalis `Prostratus' Turf Verbena species Sweet Acacia* Black Olive Mesquite Red Bird of Paradise Natal Plum Desert Cassia Chamisa Damianita Daisy Fortnight Lily Green Hopseed Bush Daylily Toyon Hibiscus Chuparosa Texas Ranger Compact Myrtle Heavenly Bamboo Photinia New Zealand Flax 'Wheeler's Dwarf' Carolina Laurel Cherry India Hawthorn Rosemary Compact Ruellia Ruellia Jojoba Texas Mountain Laurel Yellow Bells Cape Honeysuckle N.C.N. Prostrate Acacia* Centennial Coyote Brush Bougainvillea Trailing Indigo Bush New Gold Lantana Purple Trailing Lantana Prostrate Myoporum Firethorn Creeping Rosemary T u rf Verbena 659 98 CORAL MOUNTAIN RESORT SPECIFIC PLAN VINES Antigonon leptopus Bougainvillea species Clytostoma callistegioides Ficus pumila Macfadyena unguis-cati Rosa banksiae ACCENTS Annual Color Agave americana Agave deserti Agave desmettiana Agave parryi Agave victoriae-reginae Aloe barbadensis Dasylirion wheeleri Echinocactus grusonii Festuca glauca Fouquieria splendens Hesperaloe parviflora Muhlenbergia emersylleyi 'Regal Mist' Muhlenbergia rigens Nolina bigelovii Nolina microcarpa Phormium tenax Yucca rostrata Coral Vine 'Barbara Karst' Violet Trumpet Vine Creeping Fig Cat's Claw Creeper Lady Bank's Rose Century Plan Desert Agave Agave Parry's Agave Queen Victoria Agave Aloe Vera Desert Spoon Golden Barrel Cactus Common Blue Fescue Ocotillo Red Yucca Bull Grass Deer Grass Nolina Bear Grass New Zealand Flax Big Bend Yucca *Species that are prohibited within certain areas of the project as depicted on Exhibit 13, Conceptual PBS Barrier Plan. **Fruiting varieties limited to trees designated for active farm -to -table growing at least 500 feet from any western project boundary, ornamental use is prohibited. 660 99 CORAL MOUNTAIN RESORT SPECIFIC PLAN 5 Plan Administration This chapter describes the procedures for administration and implementation of the Specific Plan 5.1 IMPLEMENTATION The Specific Plan establishes the general intent and comprehensive framework for development of the Project. However, prior to construction, various implementing approvals with greater design detail are required, as noted below. General Plan Amendment (GPA) - The GPA will amend the current General Plan land use designations to General Commercial, Low Density Residential, Open Space - Recreation, and Tourist Commercial. The GPA requires public hearings before the Commission and the Council. Zone Change (ZC) - The ZC will change the existing zoning of the Specific Plan Area to Neighborhood Commercial, Low Density Residential, Parks and Recreation, and Tourist Commercial. The ZC requires public hearings before the Commission and Council. Specific Plan (SP) - The Coral Mountain Resort Specific Plan will be adopted as the master plan governing the allowable land uses, development standards and design guidelines for the Project. The SP requires public hearings before the Planning Commission (Commission) and the City Council (Council). Tentative Tract Map (TTM) - TTMs are intended to implement the project and subdivide the property into smaller lots for development. TTMs may be filed with each phase of development as necessary. Each TTM will require review by the Commission. Site Development Permit (SDP): SDPs are required by the City for final approval of landscape design, architectural design, and site plans. Individual SDP's may be required for each phase of development. These may be processed concurrent with or subsequent to other entitlement approvals. Each SDP will require public hearings before the Commission. Conditional Use Permit (CUP): Allowable uses that require a CUP shall be processed in accordance with Section 9.210.020 of the La Quinta Municipal Code. Temporary Use Permit (TUP): TUPs are required by the City to accommodate special, unique, or limited duration activities that might otherwise be outside the provisions of normal zoning. Temporary uses are anticipated and allowed by this Specific Plan as 661 100 CORAL MOUNTAIN RESORT SPECIFIC PLAN discussed in Section 2.1. TUPs are reviewed administratively by the Design and Development Director and do not require a public hearing. Development Agreement (DA): The DA would vest the applicant's right to develop the Coral Mountain Resort Specific Plan area pursuant to the entitlements described above, address short-term rentals within all planning areas of the project, provide assurances to the City that the project will have a net positive fiscal impact on the City, ensure the timely completion of infrastructure to serve the project and surrounding area, and ensure that the project design features and mitigation measures are enforceable project requirements. 5.2 AMENDMENT Administrative Changes - Minor modifications that are consistent with the purpose and intent of the Coral Mountain Resort Specific Plan are allowed at the discretion of the Design and Development Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the flexibility to interpret the details of Project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If it is determined that changes or adjustments are necessary or appropriate, these shall be approved administratively by the Design and Development Director or designee. After approval, any such administrative change shall be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Representative examples of such changes may include, but are not limited to: • The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site - specific information. • The transfer of dwelling units and or density within Planning Areas while not exceeding the maximum number of allowed units in the Specific Plan and not exceeding 25% of units/density of target Planning Area. • Changes to the size and configuration of residential lots provided that the maximum number of allowable units is not exceeded. 662 101 CORAL MOUNTAIN RESORT SPECIFIC PLAN • Adjustment of Planning Area boundaries identified in this Specific Plan. • Changes to Project infrastructure such as drainage systems, roads, water and sewer systems, etc. • Modification of architectural or landscape design criteria or details. Amendments - If the Design and Development director determines that the proposed change is not in conformance with the intent of the current Specific Plan approval, the Specific Plan may be amended in accordance with the procedures set forth in Chapter 9.240 of the City of La Quinta Municipal Code. 5.3 INTERPRETATION Uses Not Listed - Allowable uses are as specified in the appropriate zoning district or as modified in the Specific Plan. The Design and Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined it shall be treated in the same manner as a listed use. Application of Standards -Where there is ambiguity between the Specific Plan and the Zoning Code, the Design and Development Director shall review pertinent information and determine which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted underAdministrative Changes, earlier in this section. 5.4 ENFORCEMENT The enforcement of the provisions of this Specific Plan shall be by the following: • The City of La Quinta Design and Development Department shall enforce the development standards and design guidelines set forth herein. • 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 9.200.110 LQMC provisions. • The City of La Quinta shall administer the provisions of the Coral Mountain Resort Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. 663 102 CORAL MOUNTAIN RESORT SPECIFIC PLAN • 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, except as provided in this Specific Plan. • All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that 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. 664 103 CORAL MOUNTAIN RESORT SPECIFIC PLAN 6 General Plan Consistency California Government Code (Title 7, Division 1, Chapter 3, Article 8, Section 65450 - 65457) permits the adoption and administration of specific plans as an implementation tool for elements contained in the local general plan. Specific plans must demonstrate consistency in regulations, guidelines and programs with the goals and policies set forth in the general plan. This section analyzes the consistency between this Specific Plan and the La Quinta General Plan 2035. The City of La Quinta General Plan 2035 contains the following elements: Land Use, Circulation, Livable Community, Economic Development, Parks, Recreation and Trails; Housing; Air Quality; Energy and Mineral Resources; Biological Resources; Cultural Resources; Water Resources; Open Space and Conservation; Noise; Soils and Geology; Flooding and Hydrology; and Hazardous Materials. Each element of the General Plan 2035 contains a summary of goals which reflect the City's values, aims, and aspirations. They also address the physical development of the City, the protection of people and property from man-made hazards, and the preservation of the City's assets. This amendment to the La Quinta General Plan will facilitate a Specific Plan allowing Tourist Commercial and Low Density residential uses within a previously approved, private residential community. It is consistent with General Plan policy as outlined in the following sections. Each element's relevant goals are used in the Specific Plan as the basis for evaluating the Specific Plan's consistency with the City's General Plan 2035. Applicable goals are stated below followed by a statement of how the Specific Plan as amended conforms thereto. 6.1 LAND USE ELEMENT GOAL LU-1: Land use compatibility throughout the City. o The site components (neighborhood commercial, low density residential, resort residential, resort hotel, resort amenities, wave basin, and recreational open space amenities) are compatible with surrounding residential, open space, and neighborhood commercial uses. The project is seperated from adjacent uses by surrounding arterial streets and physical topographic barriers, such as Coral Mountian. Off -site development impacts are anticipated to be minimal. GOAL LU-2: High quality design that complements and enhances the City. 665 104 CORAL MOUNTAIN RESORT SPECIFIC PLAN o The Specific Plan includes detailed design guidelines in Section 3 to guide high - quality development throughout the Specific Plan area. The high -quality design, amenities, and mix of land uses on the site will work to help create a high -quality landmark project that will complement and enhance the character of the City. GOAL LU-5: A broad range of housing types and choices for all residents of the City. o The project proposes high -quality housing of varying types and sizes with access to resort and recreational amenities, thus enhancing housing choice for potential buyers. o The Specific Plan provides fora broad range of housing types in Planning Areas 11 and lll, that offer a broad range of housing options on the site. Planning Area ll, designated as Low Density Residential, anticipates detached or attached residential dwelling units with densities ranging from 0.8-4 dwelling units per acre. The land use plan for Planning Area 111 anticipates attached residential dwelling units with densities ranging from 2.5-2.8 dwelling units per acre. 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. o The Specific Plan includes both neighborhood commercial and tourist commercial land uses which will generate revenue and create employment opportunities. The proposed project would increase services associated with tourism and neighborhood commercial uses. 101 6.2 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. o The project proposes a private circulation system to provide safe and efficient passage for pedestrians and motorists throughout the site. o The project proposes to build out Madison Street, Ave 58 and Ave 60 to ultimate standards per the General Plan. GOAL CIR-2: A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks. 666 105 CORAL MOUNTAIN RESORT SPECIFIC PLAN o The project proposes a private circulation system with low -speed, low -volume internal streets that will safely accommodate both vehicles and pedestrians. 6.3 LIVABLE COMMUNITY ELEMENT GOAL SC-1: A community that provides the best possible quality of life for all its residents. o The Specific Plan includes elements to address the goal of the Livable Community Element, which generally is intended to assist the City in developing a more united community through resource conservation, built environment enhancement, promotion of alternative forms of transportation, and improvement of community health. The Specific Plan is consistent with this goal by promoting a high -quality mix of uses that will greatly enhance the built environment, will promote walkability in the resort center of the project, and will provide ample opportunities for active recreation. 0 6.4 ECONOMIC DEVELOPMENT ELEMENT GOAL ED-1: 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. o The project promotes a balanced and varied economic base for the City by introducing a resort with up to 150 hotel keys, a water -based active recreation amenity, and resort residences that will boost tourism and promote fiscal stability. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. GOAL ED-2: The continued growth of the tourism and resort industries in the City. o The project promotes the continued growth of the tourism and resort industries in La Quinta by providing a resort featuring a hotel with up to 150 keys, a water -based active recreation amenity, and supporting uses to enhance the resort experience. 6.5 PARKS, RECREATION AND TRAILS ELEMENT GOAL PRA: A comprehensive system of parks, and recreation facilities and services that meet the active and passive needs of all residents and visitors. o The Project designates areas set aside for recreational open space uses, as well as a water -based active recreational amenity that will provide 667 106 CORAL MOUNTAIN RESORT SPECIFIC PLAN recreational opportunities currently not available in the City. Additional open space will be scattered throughout PA-ll. 6.6 HOUSING ELEMENT GOAL H-1: Provide housing opportunities that meet the diverse needs of the City's existing and projected population. o The project anticipates the development of up to 600 attached and detached dwelling units with densities ranging from 0.8-4 dwelling units per acre, thus contributing to the City's market rate housing stock. GOAL H-4: Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. o The project will complement the surrounding residential communities. Development of the property into a boutique hotel, neighborhood commercial, recreational open space, and residential uses will add value and amenities to neighboring communities and the City. 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. o The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and water district regulations and building codes for water conservation, energy efficiency, and building standards. The project will also comply with all applicable green building requirements. 101 6.7 WATER RESOURCES ELEMENT GOAL WR-1:The efficient use and conservation of the City's water resources. o The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and Coachella Valley Water District regulations and building codes for water conservation. N N N 668 107 CORAL MOUNTAIN RESORT SPECIFIC PLAN 6.8 OPEN SPACE AND CONSERVATION ELEMENT GOAL OS-1: Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental and economic purposes. o The project includes significant open space amenities. It includes a water - based recreational amenity for use by community residents and guests. The project incorporates connections to the public sidewalk and public trail system for convenient walking, jogging, and biking activities. 6.9 NOISE ELEMENT GOAL N: A healthful noise environment which complements the City's residential and resort character. o The project establishes residential, resort residential, and neighborhood commercial uses with compatible noise levels in an existing residential area. These uses maintain and enhance the City's residential and resort character and will be subject to the City's noise ordinance. Noise levels on Avenue 58 and Madison Street are not excessive and the project is buffered by a perimeter community wall. The project with comply with any noise mitigations identified during the project CEQA review. 669 108 I ABBREVIATIONS LEGEND 60' I3 E EAST 679.3 EXISTING SPOT ELEVATIONS w I d I- I 6 -iQ- a (N) NORTH EXISTING CONTOURS 460 - �j- �- �� 4ss ass es- - �� I (S) �71 (W) WESTSOUTX EXISTING EASEMENT DELTA / - - v - a6o AVENUE � - ---3 VV273.1'J �5 �� - __ _, - - - - - A.C. ASPHALT CONCRETE -, o- ..IIIIIIIIIIIIIIIII / AC ACREAGE - - - - -- - �.`? - — -a `� �60 -N 89°56'35" W 1743.8T _ n`O �- �. - - _ -N 49°3T33 - - - � _ APN ASSESSORS PARCEL NUMBER EXISTING CABLE - _ _ - _ =460 - _ _ _ _ _ _ _ _ - - - o ----- - -- BNDRY BOUNDARY DRN EXISTING IRRIGATION DRAIN LINE - 237 -f � C/L CENTERLINE _ - - - - - - LOT "AF' a6o- - --�- W 30.41' - - - - - EXISTING EASEMENT '- p6 I , j � - A 26 136 26a55 -A- \\� o, N 00°05'52" E 25.28' // C&G CURB AND GUTTER WELL SITE co - 137 0: / E/P EDGE OF PAVEMENT - EXISTING ELECTRIC `0 -o -1 49,429 SF bo : ao ` ESMT. EASEMENT EXISTING GAS 25,031 SF F[ V A =BOO oD �OMC °6�W % 0 134 1.1 AC. °p I.- 00 43,320 SF N ____1 _ C I 62,865 SF 0- ^ w 1.0 AC. -1 ____ EX. EXISTING "? , � MAX. MAXIMUM EXISTING IRRIGATION - 150' �^ �` 1.4 AC. 8 5, h 38 186 1 I 7164_610_04g _/� / M.B. MAP BOOK EXISTING LOT LINE I [EKA FLOOOD IOMIE k" � q� � �G STREET "C' % �Og6 // / MIN. MINIMUM - EXISTING EDGE OF PAVEMENT I I ' I �1g0, , 2S/, d (BOO �f= // \ x ° o OOO URa / / I \ 1) NO. NUMBER - s 135 C 33o Op `�Oo 189' - / // s 455 , 79,217 SF fi° // `��� o N.T.S. NOT TO SCALE EXISTING TELEPHONE s ..a I O/H OVERHEAD s I �p 0�3.o6138 OS/PP OPEN SPACE / PARKS o/H r EXISTING OVERHEAD TELEPHONE 1.8 AC. 67,990 SF 1 I �, PG. PAGE R/W EXISTING RIGHT OF WAY I I % 1.6 AC. I I -I / �� / / / P/L PROPERTY LINE _ 6j w I I �i j / - PROP. PROPOSED - EXISTING SEWER ` A55 8 A88 o N - LOT "AE" i \ P.U.E. PUBLIC UTILITY EASEMENT FM EXISTING SEWER FORCE MAIN � I I ii , �i U, �-►� 16,487 SF I I \ \ R-L LOW DENSITY (RESIDENTIAL) - ADIUSEXISTING WATER a y y 4ss \m\ P1 AC. \\I I � \\ // m � / A � �� I'll i \ R/W RIGHT OF WAY PROPOSED TENTATIVE TRACT MAP BOUNDARY W 1y ay 4� �? / SF SQUARE FEET - - I � 4s6 213 PROPOSED AND EXISTING CENTER LINE � � �, STD. STANDARD PROPOSED CURB N � � ��I � � ', TYP. 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TRAVEL LANE EX. TRAVEL LANE EX. RAISED MEDIAN EX. TRAVEL LANE EX. TRAVEL LANE EX. SHOULDER ISHOULDER TRAIL PER IMPOVEMENTS SHOULDER SHOULDER 6, A.C. PAVEMENT OVER A.B. I I I I � 1 1 III,;,III,;,III,;,III,;,III,;,III,;,III,;,III,;,III,; III„III 11 �-I — — — — — — — — — — — — — — — — — — — — — — -- — — — — — GENERAL PLAN ±4' ±8' — — —I —I —I = = ,,,III,,,I I„ II ,,III,,,III���—���—��� I I— — — — — — — — — — — — — — I I —III —III —III —III —I 1=III-1-1-1-1-1-1-1-1—ICI — — — — — — — — — — — — — — - III II I —III- _ _ III III III 111-111-111-111-111-111-11 _ —I I —I III III III III III III— I— III —�� _—I I I— 1=1�1 ,ICI ICI ICI III " GUTTER SECTION 1-1 GUTTER V `- AVENUE 58 Copyright 2022 (SECONDARY ARTERIAL / PUBLIC ROAD) III, Consulting, Inc. N.T.S. Rights Reserved PROP. 6' MEANDERING I= 11=III =III =III -III-I I I -I I I -I 11= III =III =III =III =III =III- I I=1 I =III III=III=III=III=III=III=III=III=III=III=III=III=III=III III=I EX. MEANDERING SIDEWALK SIDEWALK EX. CURB & EX. BARRIER CURB EX. BARRIER CURB X. CURB & GUTTER SECTION J-J GUTTER MADISON STREET (SECONDARY ARTERIAL / PUBLIC ROAD) N.T.S. PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 80' R/W 40' R/W 80' EASEMENT (i VARIES 8' VARIES 10 20 20' 10, 20' P.U.E. TRAVEL LANE TRAVEL LANE P.U.E. 2' A.C. PAVEMENT 2' OVER A.B. III IL-1-171--1 III III ,III 1 III- III III III J::::�I 1 _ II -II II II II-_�I-_II -I I II II II 'MEANDERING II PROP. I I=I I I=1 I =1 I =1 I =III 11I I=III=III=III: III=1 1= I I=I PROP. 1' PRO. PROP. 2' PROP. 1' DRAINAGE SWALE PATH DRAINAGE VALLEY SECTION Al -Al VALLEY SWALE GUTTER GUTTER STREET"A" (PRIVATE ROAD) N.T.S. PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 86' R/W 28' R/W 86' EASEMENT � VARIES 8' VARIES 10, 14' 14' 10, VARIES P.U.E. TRAVEL LANE TRAVEL LANE P.U.E. 2' A.C. PAVEMENT 2' -1 1-7- OVER A.B. F ... .. ... '— 1=I - ... --1 II II _ill— II II III III III III —Ili- III III PROP. I -j 11 1 1 11 11 11 11 11 -1 -1 I-1 I -1 I I 111- MEANDERING PROP. 1' J PROP. 2' PROP. 2' PROP. 1' DRAINAGE SWALE PATH DRAINAGE VALLEY SECTION A2-A2 VALLEY SWALE GUTTER GUTTER PEDESTRIAN EASEMENT 88' PROP. R/W 24' PROP. R/W 88' I$ VARIES 8' VARIES 10, 12' 12' 10, VARIES P.U.E. TRAVEL LANE TRAVEL LANE P.U.E. 2' A.C. PAVEMENT 2' 1 1 �_ F OVER A.B. III III III III II III PROP. III III J-11„IIIIII 1II III III III— 11=1II=1II=1II=1II=1II=III=III=1I III=I 11 11 11 1 'MEANDERING PROP. PROP. 2' PROP. 2' PROP. 1' DRAINAGE SWALE PATH DRAINAGE VALLEY SECTION A3-A3 VALLEY SWALE GUTTER GUTTER P.U.E. & PEDESTRIAN PROP. EASEMENT ,,,, R/W P.U.E. & PROP. PEDESTRIAN R/W ,,,, EASEMENT PEDESTRIAN EASEMENT (COMMERCIAL) 5' 5' 18' 24' 18' 5' 5' 15, ANGLED PARKING TRAVEL LANES ANGLED PARKING SETBACK 2' A.C. [_ 2' (HOTEL) OVE AEBT --- III=III=III=III=III - III=III=III=III=III=III..III .III=III=III= — — — — — — — _ =III=III=III=III=III=III=III=III=III=III =III=III=III=III=III=III= � 1-1 11III III III III III III III ill III III III III III III III III III III III III III III III III III- "' PROP. SIDEWALK PROP. 2' VALLEY PROP. 2' VALLEY PROP. SIDEWALK GUTTER GUTTER SECTION B-B PORTION OF STREET "A" (PRIVATE ROAD) N.T.S. P.U.E. & PEDESTRIAN PROP. EASEMENT 10' - R/W P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 10, R/W *40' R I 10, EASEMENT 24' VARIES 5' 5' 8' 12' 12' 8' 5' 5' VARIES III SETBACK LANDSCAPE TRAVEL LANE TRAVEL LANE PARKING SETBACK 2' A.C. 2 PAVEMENT IIIIIIIII11IIIIIIIIIII\I OVER A.B. IIIII IIIIIII PROP. SIDEWALK 11 I I -III III=1 I I=1 I I=1 III III III III III III III=1 I I=1 I I=1 I I -I I I IIII PROP. SIDEWALK PROP. 2' VALLEY SECTION C-C PROP. 2' VALLEY GUTTER PORTION OF STREET "A" GUTTER (PRIVATE ROAD) N.T.S. P.U.E. & PEDESTRIAN EASEMENT PROP. 10, R/W 26' PROP. R/W 10, P.U.E. & PEDESTRIAN EASEMENT li VARIES 5' 5' 13' 13' 5' 5' VARIES SETBACK TRAVEL LANE TRAVEL LANE SETBACK 2' A.C. 2, r -d � _� � _� � � 7 OVE APAVEMEBT I 1 111 111 111=11=111=III=1 I PROP. SIDEWALK PROP h = _ _ _ _ _ _ _ _ =1=1=1 PROP 2 III 1111 1 PROP. SIDEWALK VALLEY SECTION D-D VALLEY GUTTER GUTTER STREETS "B", "C", "E", "M", "O" & "P" (PRIVATE ROAD) N.T.S. P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEM11 ENT 10, R/W 32' R/W 10, EASEMENT 24' VARIES 5' 5' 12' 12' 8' S' S' VARIES SETBACK TRAVEL LANE TRAVEL LANE *PARKING SETBACK A.C. _hHhHH-711111111111110 __ I- FO E APAVEMEBT -I-I-I I -III-I --III-I-III III-III-� ffl PIROP.ISIDEWALKI III -PROP 2' -III=III III III=III=III=III=III=III PROP h _ - ill -ill ill ROP. SIDEWALK VALLEY VALLEY SECTION E-E GUTTER GUTTER STREETS "E", "M", "O" & "P" *Note: (PRIVATE YIELD ROAD) Parking Only Occurs on One Side of Travel N.T.S. Lane but may Alternate from Side to Side. See Detail "A" on Sheet 2 of 2 P.U.E. & P.U.E. & PEDESTRIAN PROP. PROP. PEDESTRIAN EASEMENT 10, R/W 24' R/W 10, EASEMENT VARIES 5' 5' 12' ' 12' VARIES SETBACK TRAVEL LANE I TRAVEL LANE SETBACK 2' A.C. 2' I r FO ER APAVEMEBT 0IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII�IIII II-1-1II 111 IIIII III III III III- —III — — — — — — — —III II —III III-111-111-111-11 PROP. 2' VALLEY -III-III-III-III-III-III-III- (PROP. 2' VALLEY GUTTER SECTION F-F GUTTER STREETS "D" "E" "G" & "H" (PRIVATE ROAD) N.T.S. P.U.E. & PROP. PEDESTRIAN R/W 10, EASEMENT ------- PROP. 2' VALLEY J L PROP. 2' VALLEY GUTTER SECTION G-G GUTTER STREETS "I", "J", "K", "L" & "N" (PRIVATE ROAD) N.T.S. PROP. RESIDENCE LOT 20' 8' WALKING PATH PROP. LOT RESIDENCE SECTION H-H WALK STREET (PRIVATE - BICYCLE & PEDESTRIAN ONLY) N.T.S. IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 37815 EXHIBIT DATE: AUGUST 10, 2022 DATA TABLE APPLICANT / LAND OWNER: CM WAVE DEVELOPMENT, LLC. ADDRESS: 2440 JUNCTION PLACE, SUITE 200 BOULDER, COLORADO 80301 CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS: 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-981 1 SOURCE OF TOPOGRAPHY: INLAND AERIAL SURVEYS, INC. ADDRESS: 7117 ARLINGTON AVENUE, SUITE "A" RIVERSIDE, CALIFORNIA 92503 DATE OF TOPOGRAPHY: JANUARY 10, 2018 TELEPHONE: (951) 687-4252 ASSESSOR'S PARCEL NUMBER: 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002, 766-080-004 & 766-080-005 LEGAL DESCRIPTION: PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. LAND USE DESCRIPTION: ACREAGE: EXISTING DEVELOPABLE ACREAGE 384.4 AC. PROPOSED WELL SITES (LOT "Al"' & "AG") (SEE NOTE NO. 5) 2.3 AC. PROPOSED NET ACREAGE 382.1 AC. PROPOSED LOTS (LOTS 1 THRU 150) 342.4 AC. PROPOSED OPEN SPACE LOTS (LOTS "A" THRU "AE") 27.8 AC. PROPOSED PRIVATE STREETS (STREETS "A" THRU "P") 11.9 AC. EXISTING ZONING: SPECIFIC PLAN 03-067 PROPOSED ZONING: SPECIFIC PLAN 03-067 EXISTING GENERAL PLAN LAND USE: SPECIFIC PLAN 03-067 PROPOSED GENERAL PLAN LAND USE: SPECIFIC PLAN 03-067 PUBLIC UTILITY PURVEYORS: ELECTRIC: IMPERIAL IRRIGATION DISTRICT (760) 335-3640 GAS: SOUTHERN CALIFORNIA GAS COMPANY (877) 238-0092 TELEPHONE: FRONTIER COMMUNICATIONS (800) 921-8101 WATER: COACHELLA VALLEY WATER DISTRICT (760) 398-2651 CABLE: SPECTRUM (877) 719-3278 SEWER: COACHELLA VALLEY WATER DISTRICT (760) 398-2651 USA: UNDERGROUND SERVICE ALERT I (800) 227-2600 EXISTING EASEMENT NOTES: QINCIDENTAL AN EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA FOR WATER PIPELINE AND PURPOSES REC. 12/08/1949 AS BOOK 1 130, PAGE 1 16, O.R. (A PORTION OF THIS EASEMENT WAS ABANDONED PER DOC. REC. 12/15/2003 AS INST. NO. 978095, O.R.) 2 AN EASEMENT IN FAVOR OF ETHEL L. HICKS, ET AL FOR ROAD AND INCIDENTAL PURPOSES REC. 12/29/1956 AS BOOK 2005, PAGE 328, O.R. 3 RIGHTS OF THE PUBLIC AS TO ANY PORTION OF THE LAND LYING WITHIN AN AREA 30.00 FEET ON EACH SIDE OF SECTION LINES, PURSUANT TO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, PER DOC. REC. 04/17/1959 AS INST. NO. 32692, O.R. (ALONG ALL SECTION LINES UNLESS VACATED) 4QAN EASEMENT IN FAVOR OF COACHELLA VALLEY COUNTY WATER DISTRICT FOR UNDERGROUND PIPELINES, INGRESS, EGRESS AND INCIDENTAL PURPOSES REC, 09/28/1960 AS INST. NO. 84414, O.R. QAN EASEMENT IN FAVOR OF COACHELLA VALLEY COUNTY WATER DISTRICT FOR UNDERGROUND PIPELINES, INGRESS, EGRESS AND INCIDENTAL PURPOSES REC. 11/14/1960 AS INST. NO. 97202, O.R. 6 RIGHT OF WAY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF AN UNDERGROUND PIPELINE FOR TRANSMISSION OF SUBSURFACE DRAINAGE WATER WITH RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES OVER THE NORTH 50 FEET OF THE SOUTH 80 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER SECTION 27, AS CONDEMNED BY THE COACHELLA VALLEY COUNTY WATER DISTRICT IN DECREE OF CONDEMNATION, PER INST. NO. 96508, REC. 10/17/1962, O.R. QAN EASEMENT IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA FOR PUBLIC UTILITY, INGRESS, EGRESS AND INCIDENTAL PURPOSES REC. 09/01 /1987 AS INST. NO. 253363, O.R. Q8A PERPETUAL AND IRREVOCABLE EASEMENT IN, ON, UNDER AND ACROSS THE EASEMENT AREA FOR RIGHT-OF-WAY, PUBLIC STREET, UTILITY PURPOSES AND ANCILLARY USES PER INST. NO.0360337, REC. 07/26/2013, O.R. Q9A PERPETUAL AND IRREVOCABLE EASEMENT IN, ON, UNDER AND ACROSS THE EASEMENT AREA FOR RIGHT-OF-WAY, PUBLIC STREET, UTILITY PURPOSES AND ANCILLARY USES PER INST. NO. 0156366, REC. 04/30/2014, O.R. 10 AN EASEMENT IN FAVOR OF THE CITY OF LA QUINTA FOR EXISTING UTILITIES AND INCIDENTAL PURPOSES AS RESERVED IN DOCUMENT REC. 04/30/2014 AS INST. NO. 0157740, O.R. AAGREEMENT, THE TERMS, PROVISIONS AND EASEMENTS CONTAINED IN THE DOCUMENT ENTITLED EASEMENT EXECUTED BY AND BETWEEN CORAL RIDGE, LLC, A CALIFORNIA CORPORATION, CORAL MOUNTAIN, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND CORAL OPTION I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, REC. 08/05/2005, AS INST. NO. 0632449, O.R. 12 AN UNRECORDED EASEMENT FOR WATER IRRIGATION DRAINAGE REGIONAL STORMWATER PROTECTION AND INCIDENTAL PURPOSES, AUTHORIZED UNDER THE ACT OF 08/30/1890 (26 STAT., 43 U.S.C. 945) IDENTIFIED AS 20' BOR EASEMENT NO. 123.45-1.3. AAN UNRECORDED EASEMENT FOR WATER, IRRIGATION/DRAINAGE, REGIONAL STORMWATER PROTECTION AND INCIDENTAL PURPOSES, AUTHORIZED UNDER THE ACT OF 08/30/1890 (26 STAT., 43 U.S.C. 945) IDENTIFIED AS I I BOR EASEMENT NO. C-7-6. A AN UNRECORDED EASEMENT FOR WATER, IRRIGATION/DRAINAGE, REGIONAL STORMWATER PROTECTION AND INCIDENTAL PURPOSES, AUTHORIZED UNDER THE ACT OF 08/30/1890 (26 STAT., 43 U.S.C. 945) IDENTIFIED AS I I BOR EASEMENT NO. C-7-12. FEMA FLOOD ZONE DESIGNATION: ZONE 'X" - AREA OF MINIMAL FLOOD HAZARD & AREA WITH REDUCED FLOOD RISK DUE TO LEVEE AS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAPS. SPECIFIC PLAN: CORAL MOUNTAIN SPECIFIC PLAN 03-067 LIQUEFACTION: LOW / MODERATE / HIGH LIQUEFACTION ZONE(S) NOTES: 1. THIS MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND DIVIDER. 2. THERE ARE NO EXISTING DWELLINGS, BUILDINGS, OR OTHER STRUCTURES KNOWN ON THIS PROPERTY. 3. POTENTIAL ACCESS LOCATIONS ARE SUBJECT TO REFINEMENT IN FINAL DESIGN. 4. DEVELOPABLE ACREAGE EXCLUDES PERIMETER PUBLIC RIGHT OF WAY DEDICATION. (1.7 ACRES) 5. FINAL LOCATION OF PROPOSED WELL SITES (LOTS "Al"' & "AG") TO BE DETERMINED BY COACHELLA VALLEY WATER DISTRICT. 6. FINAL BARRIER FENCE ALIGNMENT MAY BE ADJUSTED TO ACCOMMODATE GROUND FEATURES AND OTHER DESIGN AND / OR OTHER ENVIRONMENTAL CONSIDERATIONS. \\I 5 AVENUE 58 7 6 V-51a v CI EX. EX. R/W 30' (EX. R/W) 30' (EX. R/W) R/W , PROP. FUTURE � R/W 80' (ULTIMATE R/W) R/W I I ADDITIONAL 40' 40' (BY OTHERS) 0' 700' 1400' - LANDSCAPE EASEMENT 10, 15' 25' qi 25' (BY OTHERS) 15' SCALE 1 "=700' NOTE: 7' 8' 8' 11' 12 1 11' 8' 8' 7' PHASING INDEX MAP PHASING IS CONCEPTUAL AND MAY SIDEWALK SHOULDER TRAVEL LANE PAINTED MEDIAN TRAVEL LANE BIKE LANE CHANGE IN RESPONSE TO MARKET DEMAND. ALL PHASES WILL BE ACCOMPANIED BY THE A.C. ORDERLY EXTENSION OF ROADWAYS AND PAVEMENT I AVENUE 60 PUBLIC UTILITIES. .,. GUTTER SECTION K-K GUTTER AVENUE 60 (COLLECTOR / PUBLIC ROAD) N.T.S. 670 mu-020 /LaC�G�H7 �� 11 20 _ �n;rt aC� 51 4 / 310' 11 tl N 89 53'26" W 1318.64 � N 89 54'54" W 820.00' )s 5 y LOT A / 1, " EX. PROJECT BOUNDARY & LOT LINE 12000 NCEPTUAL PBS BARRIER TYP. LOT B11-_128' R _ 3p3' \ 133 EX. LOT LINE // / / � x 45 v LU LU 36,737 SF iPROP. 24' 00 / \ EMERGENCY ` 10' 10VEHICLE 0 281' ACCESS 13 Z _7 ' ' o71�6�Np6/� G°Q00C�71Q300S(0\7O�600 V7�1� �o a44,0\9.8o m / / EASEMENT I \ lEX. LOT LINE /4`- 12 35,757 SF fi� I�0 37,972 SF 2 0 I o 10' \ NO 34,037 SF V / I 263' I V A \ \ I I I \ \ 38,653 SF 4 v13 v \\ \\ I I 3\ \ 35,085 SF 3,234 SF 1 III of I A \ V 73p, I I A 120' 290' A\ \ \ I III \ �\ 9s,- I PROP. LOT LINE (TYP.) 34,684 SF \ \ \\` \ \ ` \ \ \ \ / / / /14 I O II II I II II 35,891 SF V � \ / � � � � � `1'b� > PROP. P.U.E. \ \ \ \ / / u / / ■ I I I, I I \ 306 � u1 I � \ �o (TYP.) I I I \ 1 1 PROP. LAKE EDGE 6 (CONCEPTUAL) 35,878 SF I III IF, II I� A \ \ LOT 15 II II �I II II 36s7a SF lo' I I-- A ryb�,A \ \ \�Sv I I I I II III 30T I � I I II I L I I I I PROP. P.U.E. I / 7\ O U .� � I � 35,086 SF I I I (TYP.) I �132 � \ �A SEE SHEET NO. 1 \ \ 1,975,,273 SF I I I I I \ \ \ PROP. 24' TEMPORARY EMERGENCY 45.3 AC. F I I I I III / �, \ \ \ ACCESS WITH PAVEMENT TO MEET 36,192 SF \ I � 2b \ \ \ ` \ \ RIVERSIDE COUNTY FIRE REQUIREMENTSa PROP. I I I II II 294, '_ \ LOT LINE(TYP.) LOT & I I� I / LOT "A" v 8 i I I II 562,966 SF \ 33,736 SF 12.9 AC. I I I I I 17 I W1 / \ \ \ v v SEE SHEET NO. 1 - o \' 34,104SF v I I 1 h l I 262' 1 1 \ \ / � � �����o cry � �o�o�c�o � I T W Bp 0,2 3=000D 274 co I' II V III M-07100 -000 ,2 9 a 36,521 SF I I \ \ \oMe. Z I I I I18 I 01P 01183-067 I _I 260' II II I II �I 264 I I I I I I \ 10 A 37,272 SF 19 / / I II II I I l I33,929 SF \ \ \ \ / \ \ PROP. COMMUNITY 88' / A I o II II \ ( \ \ / // / I \ \ LANDSCAPE EASEMENT I I 88, SPA 70 w� I / \ PROP. COMMUNITY z w I I I / O �_ \` / LANDSCAPE EASEMENT U m I II L I II II 20 R \ LOT "A1, I I I I I II � I II I I 33,772 SF LOT "D" \� / / z LOT "B" V \� L I o I I 26,257 SF \ \\/ 114,616 SF I I I LOT "E"I I � I I I 0.6 AC. G � � r � � - - � �:�- � 2.6 AC. � 167,74/ Sr I I �I 262' F I II I I I �b N �2 ' v __- �-- -----4'-G - -- - -- l l Lf EX. UTILITY I I \ / 20' 139 I / EASEMENT I I I I III ��� �„ \ �'S�\ o ` / / / / 2,331,698SF I I I I I EO -LOT C / n v M \\ // 53.5 AC. I II 21 oM 28 29 30 0 0 31 32 33 N II i� 13,863 SF / / 27 b c� c4 N 16,371 SF ° rn 34 i 20' I I 47,015 SF 22 � 23 zo 24 �• 25 �„ 0.3 AC. f 22,488 SF 21,033 SF N 18,577 SF 16,996 SF 15,516 SF 16,124 SF 35 I I I 31,332 SF N 30,634 SF 30,867 SF 37,896 SF 26 n / / N 1 1 � 15,438 SF 13,961 SF 36 12 \ N N 33,466 SF N / // v 19,906 SIF N 50' 1 I 50 LOT "F" 6 H H G 1 24 1 G EX. UTILITY EASEMENT / / / / 4 I 16,940 SF _____ �I / _ / - / OAS. - - --- --------- - - - - - ■ ■ ALTERNATIVE PBS I � 140,928 SF I �� I� 83 / - 1 r 82' 80' 86' 86' 80' 138, BARRIER Y L FOLLOW I I I Cl) 3.2 AC. - - - - I PROPERTY LINES I I I I� I � 85 - -- � �0-1-11� � _ - - - - . / - - 1 I I / - - - - - - - RR - - - �0 -F- IRR - R �ZR �� R/ IR _ -_IRR ,rig \ -- _ - - 1 125' 120' 120' 120' 120' 120' _ - /- 90' - - - - + - - - - - - - �?� 7�5 --_a - - - - _ - - - - - - - - - - - - - - - ---- - --= ---- - C31.Ir1 - 127 �73 - I �3 LOT "1,1 t I / T / I I I I -IRR =IRR IRR � -IRR - � � -IRR 2 i , � / / / 20' \ - - -- - - - - - - - - -----O.SAC-' ��i 41,807SF 74 I I I LI-------------=-------------------- -- --- --� /� \ 48 l.OAC. / ' � 14,005SF � �1\ /// - - - - - - - - - - - - - I \ I 209' 11,980 SIF 1 42' 11 " / EX. UTILITY EASEMENT \ \ �A �'. LOT' H' / 73 LOT $ /Y I I I III \ 37 / �69, 13,765 SF l� 16,069 SF 3Q \ \ / 43,452 SF 1 1 J � I N Z w 1 I CL 1 I I PROP. PARALLEL PARKING STALL I 1 10' PROP. P.U.E. 8' 24' 10' 32' 1 PROP. R/W PROP. CONCRETE PARKING STALL PROP. C/L I LOT LOT I II � II 1 I I 1 1 i W LU 1 II I I I I 1 PEDESTRIAN WALKWAY I II PEDESTRIAN WALKWAY 1 1 I 1 PROP. CONTROLLED \ CROSSING WITH \TRAFFIC CALMING 1 I I I 1 I 1 I I II I II 1 10' 24' 8' 10' PROP. P.U.E. 32' PROP. R/W PROP. PARALLEL PROP. CONCRETE PARKING STALL EDGEBAND I 1 PROP. C/L J I 1 ¢ N 1 II I "Y II I ¢ 1 LOT LOT I II I II 1 1 II I I II I I II � II 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I � 66 & E: P -� 15,271 SF 0.3 AC. // \ \ 1.0 AC. // / -- I 7766-00 80-001 \ O ,�_", \ / ��, \ / / I ° LOT ".I" / / 1 PROP. LOT LINE TYP. I n LONE eK LfNt OF SIGHT r �(' 47 1 10,662 SF ` / / ( ) - _ 30 I I Cho Cep £ �OGv 0Gv Cho �� �\ O 1 2,760 SF / / b3 PROP. P.U.E. \ / _ �� ; / 7,819 SF b� 0.1 AC. 76 (TYP.) w i V 145 �p 0�3�Oo 6D � ` \ / - \ \ \ I 148,149 SF 144 / 46 70 / \ \ \I 3.4 AC. ' ` �qq 38 \ \, \ bq 0 9,568 SF O- b 49 �� / / 9, 31 SF bb qb 17,683 SF / % r \ \ I 6 16,337 SF % 1��, b`' 9,247 SF �A �� \ / / 142 I FYI, 45 e5 �� / / LOT "0"0- s� / / / 181,759 SF N8- 4.2 AC. 2,760 SF b 76 \ 053 SF 8 970 SF/ 0.1 AC. y 14,062 SF 10,647 SF -,96 4591 ` 51 12,220 SF `7�, b 8,970 SF �b / / 70�, �1 y 77 �q// \ \` ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ \ \ \ 44 ti ° / 69 �0 12,934 SF / / �\ \` 141 \ 40 \ \ / �' 9,246 SF 7 / \ \ 10,660 SF \ 15,733 SF �° ` 52 / LOT "P11 6�, / / 14,6 0 SF \ \ 26 8 AC. `ti \ / Off, 13,959 SF / / \ I I \ \ \ 458.9 SQ V 278 SF / // 68 b� 0.3 AC. 10,660 SF 6" `oo \\ ` ✓ / 8,970 SF 13,157 SF / 91 \ \` 6 q� LOT 11Q11 766 / 13,485 SF q 459 6s 1 ,6 0 SF oq, \ 53�A \ �'°� 7 70 O b 0.41AC. 76 /`b6 / 90 \ \ 8,970 SF > \ ' \ 11,806 S F �� a \ \ y b � 79 /\ 13,957 SF � D \ \ \ \ 43 08' V� 11,612 S F b o0 7 15,758 SF / 76� '� \ EX. PROJECT BOUNDARY / \ \ \ 459 z ` 6S, 12,596 SF�oq, 54 bq✓ 27' p ` '�' / / LOT I I \ 8,970SF o /\ 5,184SF so / \ 13,848 SF 7 ?!/ 0.1 AC. 89 5565 12,960SF / / �'" �° 7 O, / 76, 1444 459 \ LOT "K11� s\ 1 1,410 SF �O- /� / 1 1,469 S� �S' / 4 \ \ CONCEPTUAL PBS BARRIER (TYP.) i 0 \ \ \ \ 8,480 SF5 \� b� !O LOT "N' 11 81 s/ , /� >� 4° / 9$ \ 0.2 AC. \ 8. 4,625 SF 16,848 SF // 6 64 0.1 AC. ��l �`q6 0 1 7 12,960 SF ` 4�� x�59� \ V A �J` \ / �O 88 \ \ \ PROP. LOT LINE (TYP.) 8,970 SIF q0 `�\\ / /� / p° / PROP. 24' EMERGENCY VEHICLE \\ \ ' I 10' 459 7 x 4 6 \ 458E ' yb S� Iu'8, �1`l \ » ✓ 6�, b ACCESS EASEMENT (TYP.) 783 v / 87 d A \ \ P 63 6390 SF ,7 \ / 12,960 SFWACAHT y1�,�; 07 \ 10,543 SF 1 0/ \ \ 71660E�30004 LOT V � \ x 9 1 11 11 EK. Cep A F.O nMlHO. 31,665 SF / 11 82 o / / \ \ �p 0306D 0.7 AC. 12,969 SF 86 C o W 12,960 SFLO M �\ \�\4 6 9.4 \ x 4 8.9 A� S\ 4.,� F �1 \ 85 `` / , x 45z.3 ` 3 NN 6 \ / \ EX. LOT LINE ` \ / �L b� 6,387 SF, 0o I I \ \\ \ / `sr?' 60 �b.� ���CCC �5 / 6� / w� \ 1 7 / 10,426 SF \\ \ Z ��� \ / q�5Sb1 � \ \ LOT W" / / LOT "U" 94 7,506 SF / 17,731 SF 0.2 AC/ 0.4 AC. 10,626 SF / 115 b \ I / OT "W1 �� ✓ /1 �O� ,783 SF 670,13 S F ( �,_ \ \ \ \\ \ ` \ \ \ x 4b8 g ` 1 \ \_\ / 06 0.1 AC2,760 .. 7�� �1/ 114 15.4 AC. \ \ \ \/ s' LOT "L' \ / / / 9,533 SF b \ \ 59 89 A 3,422 SF / 95 / 7 \ \ \ \ \ 11,316SF / 08, 117 93 �d b`' / , 0.1 AC. 6 \ /6� 368, 657 ACSF �° 7� 7 G ,`�8' 9,315 3SF bh 12,093 SF I \ \ \ \ \ 9 z \ \ \ / / 96 �/ / Q LOT 11A611 4i SEE SHEET NO. 1 \ \2,760 SF 118 459.2 97 �`' /o- 112 `b� 15,672 SF I I� '-. 460.3 \ ` h 8,970 SF b 1 1,316 SF LOT "AC" 9,301 SIF �09, 459.2 1 A� v 55�7���pp ��pp/�� 98 �' / �� 0.2 AC. SEE SHEET NO. 1 [EKn 8P CSOIIV�I1VL.le 460.5 \ V� \ �., 59_5 \ 459.8 / (.j 8,970 SF /b CQ�� 119 \ \ SIP 000-0671 � �� � � � \ V - 111 17,378 SF � � � a x 459_ b / \-0 `- - 0 \ TPROP. PARCEL LINE & I 12,496 SF �5 \ LOT LINE (TYP.) ' / 2,0714010 SF F / \ 2 / 459.2 b5 8,9�70 SF a' 2T O\7 �O 120 7 , / / / �\ V A V q 20 /� 47.6 AC. I17,425 SF 100 b`' / `� q` LOT "AD' / 462 \ 459.3 8,970 SF // / 110 \ tC 4,250 SF 1 147 EX. UTILITY EASEMENT \y 460.4 SHE NO. \ �3f 7 / 11,91 SF 5 ?7� U.1 AC. / \ 358,935 SF 121 I,\ 8.2AC. � \ \\� � 3 - A ,45 � 14603SF /� /� 70d\\718,232SF 7VO, �\ �- 109 I I \ \\ 04 \ \ 4588 �3y,� \ / 11,040 SF F 7s�, \ \ / !°\ / \ \ ` �- '• 122 \ ��� \ tea'' � - � • ` \, 460.2 459.2 \ / ` 0 \S�� \26 00 15,041 SF \ x x / 1 I�I - \ \ \ 459.E x459.5 \ / asp, 13108SF LOT "AA" r 44 li I f;=CEGVA FLOOD [�OMnC� "A' ��' A \ V � 143� \ � LOT � � � � v 5,267SF \`, \ \ \ 1,311,783 SF \ \� / 3,220 SF 0.1 AC. / f�C�G�G°a FLOW MOM °°D°`1 � �, I� � -30.C. z 0.1 AC. O M � \ f'� q 123 1 A� ' \ \ \ \ / \ ^`Q b M �' 3,359 SF �29, \ \ Q q� �O 1 Ob I x 4 6 0.9 \ \ ^ ^ O b np, 4 7 459.5 \ x 459.1 ` ^ \ 16 7 � \ - - �e `o -`� b� 124 EX. PROJECT BOUNDARY & - -__� �� - - -�� 1 `v \� / 4) ^� N 5k �b Q \ LOT LINE - - - c =N 89°50'42" E 1314.92' - \ / ` 20' \_ a� N 89°48'55" E 1322.85' L _ 7-1 E�SHEET NO. 1 x`6� 6 � V �� � A � � ��9j, p 125 0' SCAL SHEET 2 [ 12,193SF 20, �b� A 52ND AVENUE so 126 O I- 7 �0° 000002 \ �4, 11,257 SFb -- - _ SL 1 `J LU w N/L°aC� �l� v - / a w \ 1. LOT 11Y11 LOT ti I- r t V / \ \_ 4,31 1 IF 127 1 N . 46Y 464.e \ \ 0.1 AC. ` 6�- 13,227 S F I I 0 ° 0 0 0 003 \ l V766-000-00Z 71660 g0 0 C� 0 54TH AVENUE v v A V �a �g0 1 wL%C&H r MG°aC�L°1f�4 G3C ��DC f���L°a� 1 CITY OF v v I V ��. 128 _ L LA QUINTA � COUNTY OF � \ ��\ \ 10,156 SF o - lr Ln RIVERSIDE o 20' \ v\ v V A V \\ � M O AIRPORT BLVD. Eco 12 \ �2�LU \ \� O 'C Q - 129 a \ \� \ % ,/ w 8,547 SIF 1 LO R oc x 47,� V_ \ / FI 2 IF 0 VICINITY MAP z 1 - vv 111' 1 1 0 M/� N.T.S. \ \ f \ _ _ CAALE CONCHITA SSTH AVENUE \ \ 7 "' 7,8690SFn Q - - - - ,n w- w \\\ \ gij, \ \ limo I� R/W �I� �� 148 vvvvvv8� L ��� I�9, 1�� --- R - - SITE o- o v v v v v v �x 67.2 x465, 131 I I _ -- � Q 0' 100' 200' 300' 400' 11,195 SF Q V /,=.1�G",111V II SIB 0�3_0067 \ V A 6 60TH AVENUE v v __ '� \ © Copyright 2022 SCALE 1 '=100 \ \ \ \ 2�' MSA C( ) Consulting, Inc. CONCEPTUAL PBS BARRIER TYP. 0 v _ All Rights Reserved \ \ \ \ , 67.5 x 46 8 - M/21 R/W R/W R/W- r ■ 14' �I .S-fR&T 'r„ &DEv, 83 SCALE: V = 40' ABBREVIATIONS LEGEND (E) EAST (N) NORTH (S) SOUTH (W) WEST A.C. ASPHALT CONCRETE AC ACREAGE APN ASSESSORS PARCEL NUMBER BNDRY BOUNDARY C/L CENTERLINE C&G CURB AND GUTTER E/P EDGE OF PAVEMENT ESMT. EASEMENT EX. EXISTING MAX. MAXIMUM M.B. MAP BOOK MIN. MINIMUM NO. NUMBER N.T.S. NOT TO SCALE O/H OVERHEAD OS/PP OPEN SPACE / PARKS PG. PAGE P/L PROPERTY LINE PROP. PROPOSED P.U.E. PUBLIC UTILITY EASEMENT R RADIUS R-L LOW DENSITY (RESIDENTIAL) R/W RIGHT OF WAY SF SQUARE FEET STD. STANDARD TYP. TYPICAL UG UNDERGROUND a ■ ■ ■ ■ ■ ■ ■ ■ ■ 89 1 1 I, AVENUE 58 a ■ 679.3 EXISTING SPOT ELEVATIONS EXISTING CONTOURS AEXISTING EASEMENT DELTA - c EXISTING CABLE EXISTING IRRIGATION DRAIN LINE - - - - - - - - - EXISTING EASEMENT E EXISTING ELECTRIC c EXISTING GAS - IRR EXISTING IRRIGATION EXISTING LOT LINE EXISTING EDGE OF PAVEMENT T EXISTING TELEPHONE O/H T EXISTING OVERHEAD TELEPHONE R/w EXISTING RIGHT OF WAY s EXISTING SEWER Flf EXISTING SEWER FORCE MAIN - w EXISTING WATER EXISTING CITY / COUNTY LIMITS TENTATIVE PARCEL MAP BOUNDARY - PROPOSED AND EXISTING CENTER LINE PROPOSED CURB PROPOSED EASEMENT - - PROPOSED RIGHT OF WAY x x CONCEPTUAL PBS BARRIER MSA CONSULTING, I NC- SHEET 2 Civil Engineering • Land Surveying • Landscape Architecture OF Planning • Environmental Services • Dry Utility Coordination • GIS 2 34200 Bob Hope Drive Rancho Mirage, CA92270 1760.320.98111 MSAConsultinginc.com SHEETS U C 6) } 0 U 2 0 v 00 0 N N 0 N W 3 0 0 N N 0 N N O 00 r` M LO LO N 0 00 O N N 0 N Cz Q C3 i .6 i 0) C3 CL ¢ U Q M LO LO N 671 DRAFT CITY COUNCIL RESOLUTION SPECIFIC PLAN 2020-0002 PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 1 of 1 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. 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 subsequent projects submitted within the Specific Plan boundary shall substantially conform to this Specific Plan. 3. The Mitigation Measures provided in the Coral Mountain Resort Environmental Impact Report shall apply to all projects constructed under this Specific Plan. 4. Within 30 days of approval, a final electronic copy of the Specific Plan shall be provided to the City for its files. 5. Outdoor storage shall be permitted in PA III-B and III-G only if fully screened from view. Specific Plan Table 3.3A shall be amended to include the words "fully screened from view" for Outdoor Storage. 6. The applicant shall provide the City and CDFW with a detailed plan, prior to any ground disturbance (including grubbing) on the project site, and shall construct a Peninsular Bighorn Sheep barrier which meets the requirements of the City and the California Department of Fish and Wildlife. 7. If any brush clearance obligation is imposed on any structure or project area within the Specific Plan boundary in the future, such brush clearance will not be permitted on BLM property. This requirement shall be applied to all future project approvals. 8. The perimeter improvements on Avenue 58, Madison Street, Avenue 60 and the western property line shall be completed prior to receipt of the first certificate of occupancy for the first development project on the site. These improvements will include curb, gutter, sidewalk, multi -use trail, parkway landscaping and project perimeter wall. 672 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 1 of 27 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.laquintaca.gov. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Design & Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements 673 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 2 of 27 include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City's NPDES Stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012-0006- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. 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. 674 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 3 of 27 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 Council. F. The inclusion in the Master Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post - construction BMPs as required. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the 675 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 4 of 27 City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Madison Street (Modified Secondary Arterial) - No additional right of way dedication is required. 55 feet from the centerline of Madison Street for a total 110-foot ultimate developed right of way 2. Avenue 58 (Modified Secondary Arterial) - 55 feet from the centerline of Avenue 58 along the project boundary 3. Avenue 60 (Collector) - 40 feet from the centerline of Avenue 60 for a total 80-foot ultimate developed right of way 11. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out shown on the tentative map and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Streets "A" thru "P" - Private Residential Streets shall have a minimum 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 24 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for 676 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 5 of 27 ongoing enforcement of the parking restriction in the CC&R's. The CC&Rs shall be reviewed and approved by the Design and Development Department prior to recordation. 13. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 14. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 15. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of - way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 16. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 17. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Madison Street (Secondary Arterial) - 10-foot from the R/W-P/L. B. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. C. Avenue 60 (Collector) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 677 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 6 of 27 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 19. Direct vehicular access to Madison Street, Avenue 58, and Avenue 60 from lots with frontage along Madison Street, Avenue 58, and Avenue 60 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. 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. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 22. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 23. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 24. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS N. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 7 of 27 1) Madison Street (Modified Secondary Arterial): a. Construct 8-foot wide meandering sidewalk b. Reconstruct the existing landscaped median to provide for full access movements at the primary entry and restore the median landscaping. A left turn deceleration lane for the northbound traffic serving the main project entry shall provide a minimum of 150 feet of vehicle queuing as determined by the traffic study. 2) Avenue 58 (Modified Secondary Arterial): a. Widen the south side of the street along all frontage to the project boundary to its ultimate width on the south side as specified in the General Plan to accommodate a 12-foot travel lane and a 6-foot shoulder and the requirements of these conditions. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. Multi -Use Trail - The applicant shall construct a multi- use trail per La Quinta Standard 260 or as approved by the City Engineer along the Avenue 58 frontage within the landscaped setback. The location and design of the path shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -use trail. At grade intersection crossings shall be of a medium and design and location as approved by the Public Works Department on the street improvement plan submittal. Multi -Use Trail will be maintained by the Developer or HOA as applicable. 3) Avenue 60 (Collector): a. Widen the north side of the street along all frontage to the project boundary to its ultimate width on the north side as specified in the General Plan and the . .i DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 8 of 27 requirements of these conditions. The north curb face shall be located twenty-five feet (25') north of the centerline. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. Construct an 8-foot wide sidewalk The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 4) The applicant shall install the traffic signal at the intersection of Madison Street and project's main access when warrants are met. Applicant is responsible for 100% of the cost to design and installation of the traffic signal. Applicant shall bond for the traffic signal DIF reimbursement amount ($430,000); the security shall remain in full force and effect until the signal is actually installed by the applicant. 5) The applicant shall design and install the traffic signal at the intersection of Madison Street and Avenue 58 when warrants are met. Applicant shall bond for 100% of the traffic signal DIF reimbursement amount ($430,000); the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant is subject to a maximum of 75% reimbursement from available funds in the City's Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta for the reimbursement. 6) The applicant shall pay the fair -share amount listed below (percentage calculated in the Traffic Impact Analysis, Table 9-1) towards the design and construction of the following traffic signals. The cost to design and install a traffic signal is based on the traffic signal DIF reimbursement amount ($430,000). - Madison Street at Avenue 54 - $38,700 (9% fair -share) - Jefferson Street at Avenue 54 - $17,200 (4% fair -share) DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 9 of 27 - Monroe Street at Avenue 60 - $25,800 (6% fair share) - Monroe Street at Avenue 58 - $47,300 (11% fair share) - Monroe Street at Airport Boulevard - $25,800 (6% fair share) - Monroe Street at Avenue 54 - $21,500 (5% fair -share) - Monroe Street at Avenue 52 - $17,200 (4% fair -share) B. PRIVATE STREETS 1) Streets "A" thru "P" - Construct internal streets per the approved lay -out shown on the tentative map and/or as approved by the City Engineer. Private Residential Streets shall have a minimum 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 24 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&Rs shall be reviewed and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 25. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non - accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1" = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty-five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 10 of 27 Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 26. 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: Residential Collector Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c /5.0" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 27. 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. 28. General access points and turning movements of traffic are limited to the following: A. A. Madison Street (Primary Entry): Full turn movements in and out are allowed. B. Avenue 60 (South Access): Full turn movements in and out are allowed. C. Avenue 58 (Westerly Access): Full turn movements in and out are allowed. D. Avenue 58 (Easterly Access): Right turn in and right turn out are permitted. Left turn in and left turn out movements out are prohibited. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 11 of 27 E. Madison Street (just south of Avenue 58): Right turn in and right turn out are permitted. Left turn in and left turn out movements out are prohibited. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 31. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 32. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that ADA 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 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for accessible parking space or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking spaces shall be a minimum of 26 feet or as approved by the City Engineer. N. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 12 of 27 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 33. 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. 34. 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. 35. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 36. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. FINAL MAPS 37. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. .:E. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 13 of 27 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 38. 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). 39. 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, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. Erosion Control Plan 1" = 40' Horizontal D. Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off -Site Signing & Striping Plan 1" = 40' Horizontal G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through G to be submitted concurrently. .: DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 14 of 27 (Separate Storm Drain Plans if applicable) The plans shall utilize the minimum scale specified, unless otherwise authorized by the Public Works Director. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessibility requirements. 40. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. .:. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 15 of 27 41. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 42. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 43. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 44. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 45. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 46. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site .:i DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 16 of 27 improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 47. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of N. . DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 17 of 27 the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 48. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 49. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. rRAnrNr 50. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 51. 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. 52. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and •:•i DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 18 of 27 D. An Erosion 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). E. A WQMP prepared by an authorized professional registered in the State of California. 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 as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 53. 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. 54. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. .•11 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 19 of 27 55. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 56. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 57. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 58. 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. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 59. Stormwater handling shall conform with the approved hydrology and drainage report for the Wave Basin Project (TTM2019-0005 and SDP 2021-0001), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 60. 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, 691 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 20 of 27 stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 61. 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. 62. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 63. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 64. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 65. 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. 66. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 67. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 692 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 21 of 27 68. 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. 69. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 70. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ.. 1. 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. 2. 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. 3. The developer / owner shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 71. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 693 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 22 of 27 72. 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. 73. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 74. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 75. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 76. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 77. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 23 of 27 78. 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). 79. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) as amended by the Coral Mountain Specific Plan. All freestanding lighting shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. 80. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 81. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 82. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 83. 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, 5th 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. 84. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. 695 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 24 of 27 MAINTENANCE 85. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 86. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, multi -use trail, and stormwater BMPs. FEES AND DEPOSITS 87. 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). 88. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE DEPARTMENT 89. Fire Hydrants and Fire Flow: Provide water system plans to show there exists or proposed improvements of fire hydrant(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1 and Table B105.2 as amended by LQMC, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 24. Reference 2019 California Fire Code (CFC) 507.5.1. a. Transportation Hydrants: Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be providedat spacing not to exceed 1,000 feet to provide for transportation hazards. (CFC Table C102.1 ft ntc.) 90. Tract Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and .•. DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 25 of 27 minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1 a. 3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 91. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24-feet exclusive of curb -side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axlesfor areas of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. 92. Fire Lane marking: Identification and marking of fire lanes, including curb details and signageshall be in compliance with Riverside County Fire Department Standards. 93. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall besubmitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 94. Residential Escape Rescue Openings / Access There -to: Residential Dwelling Sleeping Units shall be provided Emergency Escape Rescue openings in compliance with CRC R310. Where the opening is to aside yard, the opening shall be provided with a minimum 36-inch wide court/yard and path to the public way - free from any obstructions, including equipment and vegetation. *The projects proposed 3-feet side yard setback minimum from property line may be affected by this requirement when property line fencing/wall installations are considered. The 36-inch path clearance shall be maintained. 95. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. 96. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, .•i DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 26 of 27 installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 97. Phased Construction Access: If construction is phased, each phase shall provide approved access forfire protection prior to any construction. Ref. CFC 503.1 98. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger will be required to install a fire sprinkler system. Ref. CFC 903.2 as amended by the City of La Quinta. 99. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellingsper the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal forreview and approval prior to installation. Ref. CRC 313.2 100. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 101. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1 102. Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office ofthe Fire Marshal Standard #07-01. a. Riverside County Office of the Fire Marshal shall cursorily review Street and Roadway naming conventions along with preliminary parcel and unit addressing. .01 DRAFT CITY COUNCIL RESOLUTION TENTATIVE TRACT MAP 2019-0005 (TTM 37805) PROJECT: CORAL MOUNTAIN RESORT CONDITIONS OF APPROVAL ADOPTED: Page 27 of 27 103. Special Event Application and Permitting: Special Events and activities requiring a specific application and permit as required by the CA Fire Code shall be separately applied for at least 60-days prior to the scheduled event. 104. Water Activity Safety and Rescue: The Developer/Operator of the Wave Basin is responsible for coordinating and providing for trained rescue and first aid personnel and rescue equipment for servicingthe users of the Wave Basin in compliance with any State or Local standards. 105. Emergency Responder Radio Coverage Systems: Projects that do not meet the exceptions set forth bythe Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Ref. CFC 510.1 and Riverside County Office of the Fire Marshal Technical Policy #TP19-002 106. Strategic Planning Review: This planning case has also been reviewed by Riverside County Fire Department Strategic Planning for the cumulative impact on the Fire Department's ability to provide an acceptable level of service. *See letter provided by Deputy Fire Marshal Adria Reinertson - Dated 8/6/2021. WX ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP FROM NEIGHBORHOOD COMMERCIAL, LOW DENSITY RESIDENTIAL, AND GOLF COURSE DISTRICTS TO NEIGHBORHOOD COMMERCIAL, LOW DENSITY RESIDENTIAL, TOURIST COMMERCIAL AND PARKS AND RECREATION DISTRICTS TO ALLOW THE DEVELOPMENT OF THE CORAL MOUNTAIN RESORT, CASE NUMBER: ZONE CHANGE 2019-0004 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the City Council of the City of La Quinta, California did, on June 7, July 5 and September 21, 2022, hold a duly noticed Public Hearing, to consider a request by CM Wave Development LLC to amend the Zoning Map to Neighborhood Commercial, Low Density Residential, Tourist Commercial and Parks and Recreation Districts for a master planned community on 386 acres of a 929 acre area located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as:; APN 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766- 080-0011766-080-0021766-080-004 & 766-080-005 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-011 to recommend to the City Council adoption of said Zone Change at a duly noticed Public Hearing on the April 26, 2022; and WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019- 0010. The City Council has adopted Resolution 2022- certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated 700 Ordinance No. _ Zone Change 2019-0004 - Project: Coral Mountain Resort Adopted: Page 2 of 4 with aesthetics and greenhouse gas emissions, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the La Quinta Municipal Code to justify approval of said Zone Change [Exhibit A] : 1. The zone map change is consistent with the goals, objectives and policies of the General Plan, as described in Exhibit B. 2. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare because the community will be entirely self-contained and of high quality, and will be surrounded by homes, perimeter improvements and streets. 3. The new zoning is compatible with the zoning on adjacent properties as it continues the pattern of master planned communities envisioned in the General Plan for southern areas of La Quinta. 4. The new zoning is suitable and appropriate for the subject property because the property is essentially flat, and development will not occur on Coral Mountain or protected areas. 5. Approval of the zone map change is warranted because changes in the market and in consumer interest in golf courses has changed, and alternative forms of recreation will expand the options for current and future City residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 701 Ordinance No. _ Zone Change 2019-0004 - Project: Coral Mountain Resort Adopted: Page 3 of 4 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 City of La Quinta City Council, held on September 21, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 702 Ordinance No. _ Zone Change 2019-0004 - Project: Coral Mountain Resort Adopted: Page 4 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 703 EXHIBIT A CITY COUNCIL ORDINANCE NO. R/� --58W*VEN 766-070-014 TO REMAIN NEIGHBORHOOD COMMERCIAL (CN) 7766-07700 -0012 FROM LOW DENSITY RESIDENTIAL (RL) / GOLF COURSE (GC) TO LOW DENSITY RESIDENTIAL D66�Oo770o�0000�3 D66�OoD0o�0o006 I V J I � / 7166�00 �300 �Oo Oo � 7166�Oo �300 �Oo Oo 4 I ♦ FROM LOW DENSITY \ 7166�Oo300 RESIDENTIAL (RL) / ♦ 00002 FROM LOW DENSITY RESIDENTIAL (RL) / GOLF COURSE (GC) ♦ GOLF COURSE (GC) / TO \ TO PARKS AND RECREATION TOURIST COMMERCIAL ♦ 7700-0080-005 7764-2100-0020 7164��00� C oa6 � �I 7764��90� Oo0o77 Q 764-210-028 1 I 27 �� 04B IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA CHANGE OF ZONE FOR TENTATIVE TRACT MAP NO. 37815 EXHIBIT DATE: MAY 15, 2020 DATA TABLE APPLICANT / LAND OWNER: CM WAVE DEVELOPMENT, LLC. 2440 JUNCTION PLACE, SUITE 200 BOULDER, COLORADO 80301 ADDRESS: CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS: 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: PAUL DEPALATIS, AICP TELEPHONE: 760 320-981 1 ASSESSOR'S PARCEL NUMBER: 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002, 766-080-004 & 766-080-005 LEGAL DESCRIPTION: PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. -V R,�1` 0' 600' 1200' SCALE 1"=600' 52ND AVENUE Z Lu 0 COUNTY OF w z RIVERSIDE LL O L 54TH AVENUE CITY OF LA QLIIAITA LL lJ W Lu PE h p AIRPORT BLVD. � z O VICINITY MAP v N.T.S. 58TH AVENUE SITE 60TH AVENUE IIA EXHIBIT B CITY COUNCIL ORDINANCE NO. ADOPTED: GENERAL PLAN CONSISTENCY ANALYSIS A. Land Use • Goal LU-1: Land use compatibility throughout the City. • Goal LU-2: High quality design that complements and enhances the City. • Policy LU-2.1: Changes and variations from the Zoning Ordinance in a Specific Plan will be offset by high quality design, amenities and mix of land uses. • 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 residential product type to meet the needs of current and future residents. • 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-6.2: Maintain commercial development standards in the Zoning Ordinance including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development. • Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City's economic base. Consistency: The site components (neighborhood commercial, low density residential, resort residential, resort hotel, resort amenities, recreational amenities, and open space) are compatible with surrounding residential, open space, and neighborhood commercial uses and designations. Lands to the north of the project and south of Avenue are designated Low Density Residential and Medium Density Residential. Development of these lands would be governed by the City's zoning standards, and would consist of attached or detached single family residential developments (two to four units per acre for Low Density Residential), and medium density neighborhoods (four to eight units per acre). This development is expected to be consistent with and similar to the uses proposed within the project because the project proposes a maximum of 496 low density residential housing units on approximately 232.3 acres, as well as a maximum of 104 resort residential units, on approximately 40.5 acres, which would be similar to the density and intensity of development allowed under the General Plan. The project is separated from adjacent uses by surrounding arterial streets 705 and physical topographic barriers, such as Coral Mountain. Off -site development includes the connection to an existing Imperial Irrigation District (IID) substation to provide electricity to the project site. The off -site improvements would not impact land use of the off -site areas. The Coral Mountain Resort Specific Plan includes detailed design guidelines in Section 4 of the SP to guide high -quality development throughout the Specific Plan area. The project includes both neighborhood commercial and tourist commercial land uses which will generate revenue and create employment opportunities. The proposed project would increase services associated with tourism and neighborhood commercial uses. The project proposes housing of varying types and sizes with access to resort and recreational amenities, thus enhancing housing choices for potential buyers. Planning Areas II and III will offer a broad range of housing options on the site. Planning Area II, designated as Low Density Residential, anticipates detached or attached residential dwelling units with densities ranging from 0.8-4 dwelling units per acre. Planning Area III proposes the development of resort residential dwelling units with densities ranging from 2.5-2.8 dwelling units per acre. Consistent with Policy LU-5.2, Goal LU-6, and Policy LU-6.3, the implementation of the Tourist Commercial land use designation and the associated development of a recreational facility and hotel will promote the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386-acre property. Additionally, the residential uses will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. B. Circulation • 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. • Goal CIR-2: A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks. • Policy CIR-2.2: Encourage reduction of greenhouse gas (GHG) emissions by reducing vehicle miles traveled and vehicle hours of delay by increasing or 706 encouraging the use of alternative modes and transportation technologies, and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions. • Policy CIR-2.3: Develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi -use paths and places of employment, recreation, shopping, schools, and other high activity areas with potential for increased pedestrian, bicycle, golf cart/NEV modes of travel. Consistency: The project proposes a private circulation system to provide safe and efficient passage for pedestrians and motorists throughout the site. The project proposes a multi -modal circulation system, aiming to decrease automobile dependency by providing transportation facilities for a variety of user groups including motorists, cyclists, pedestrians, and drivers of electric vehicles. The project proposes a private circulation system that will safely accommodate both vehicles and pedestrians with shared low- speed, low - volume internal streets. The multi -modal transportation system will consist of off-street bicycle and pedestrian paths/routes, sidewalks in higher traffic areas, enhanced pedestrian/bicycle crosswalks, pedestrian and multi -use paths and streets, traffic calming methods, short street segments with frequent caution zones and stopping points, golf cart and other alternative forms of personal transportation. C. Livable Community • Goal SC-1: A community that provides the best possible quality of life for all its residents. Consistency: The project includes elements to address the goal of the Livable Community Element, which is intended to assist the City in developing a more united community through resource conservation, built environment enhancement, promotion of alternative forms of transportation, and improvement of community health. The project and Specific Plan are consistent with this goal by promoting a high -quality mix of uses that will contribute to the built environment, promote walkability in the resort center of the project, and provide opportunities for active recreation. D. Economic Development • Goal ED-1: 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 balance of land use designations to address economic needs, meet market demand, and assure 707 a wide range of development opportunities. • Goal ED-z: The continued growth of the tourism and resort industries in the City. Consistency: The project proposes a resort with up to 150 hotel keys, a water -based active recreation amenity, and resort residences that will expand tourism opportunities and promote fiscal stability. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. The project promotes the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386-acre property. E. Parks, Recreation and Trails • Goal PR-1: A comprehensive system of parks, and recreational facilities and services that meet the active and passive needs of all residents and visitors. • Policy PR-1.4: The design and construction of parks and recreational facilities shall comply with all the development standards that apply to privately constructed facilities. • Policy PR-1.6: Encourage patterns of development that promote safe pedestrian and bicycle access to schools, public parks, and recreational areas. Consistency: The project designates areas set aside for recreational open space uses, as well as a water- based active recreational amenity that will provide recreational opportunities currently not available in the City. Additional open space will be scattered throughout PA II. Planning Area IV proposes approximately 23.6 acres of land zoned for Parks and Recreation (PR). This Planning Area will include active and passive recreational activities such as hiking trails, biking routes, and a ropes course/zipline. F. Housing • Goal H-1: Provide housing opportunities that meet the diverse needs of the City's existing and projected population. • Policy H-1.1: Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. • Goal H4: Conserve and improve the quality of existing La Quinta neighborhoods and individual properties. N: • 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. Consistency: The project proposes the development of up to 600 attached and detached dwelling units with densities ranging from 0.8-4 dwelling units per acre, thus contributing to the City's market rate housing stock. The project will complement the surrounding residential communities. Development of resort, neighborhood commercial, recreational open space, and residential uses will add value and amenities to neighboring communities and the City. The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and water district regulations and building codes for water conservation, energy efficiency, and building standards. The project will also comply with all applicable green building requirements. G. Water Resources • Goal WR-1: The efficient use and conservation of the City's water resources. • Policy WR-1.1: Support the Coachella Valley Water District (CVWD) in its efforts to supply adequate domestic water to residents and businesses. • Policy WR -1.3: Support CVWD in its efforts to expand tertiary treated (i.e., reclaimed) water distribution. Consistency: The project promotes water conservation through the use of drought tolerant plantmaterials and water efficient irrigation techniques. The project will comply with all City and Coachella Valley Water District (CVWD) regulations and building codes for water conservation. Additionally, recycled water will be used for common area irrigation for landscaping. The Wave Basin provides a recreational amenity to support the proposed resort and residential uses, and does so with substantially less water demand than required for alternatives amenities, such as an 18-hole golf course. H. Open Space and Conservation • Goals OS-1: Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental, and economic purposes. • Policy OS-1.1: Identify and map lands suitable for preservation as passive and active open space. • Policy OS-1.2: Continue to develop a comprehensive multi purpose trails network to link open space areas. 709 Consistency: The project includes significant open space amenities, including the protection of Coral Mountain through an Environmentally Sensitive Area. The project incorporates connections to the publicsidewalk and public trail system for convenient walking, jogging, and biking activities. Planning Area IV proposes approximately 23.6 acres of Open Space Recreation land uses, in which low -impact active and passive activities, such as hiking, biking and ropes courses are permitted. PA IV will be retained largely as natural desert land. The perimeter pedestrian improvements will connect to the surrounding community. However, the project will not connect to existing trails or open space areas, outside of the project boundary, because there are no existing public trails in the immediate vicinity of the project. I. Noise • Goal N-1: A healthful noise environment which complements the City's 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 the Noise Element. • Policy N-1.2: New residential development located adjacent to any roadway identified in Table IV4 (in the Noise Element of the GP) as having a buildout noise level in excess of 65 d8A 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 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-1.5: 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 establishes residential, resort residential, resort, recreational, and neighborhood commercial uses with compatible noise levels in an existing residential area. These uses maintain and enhance the City's residential and resort character and will be subject to the City's noise ordinance. Noise levels on Avenue 58 and Madison Street are not excessive due to the low traffic volumes, and the project will be buffered by a perimeter community wall. 710 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CM WAVE DEVELOPMENT LLC RELATING TO THE CORAL MOUNTAIN RESORT AND FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2019-0010 CASE NUMBER: DEVELOPMENT AGREEMENT 2021-0002 APPLICANT: CM WAVE DEVELOPMENT LLC WHEREAS, the City Council of the City of La Quinta, California did, on June 7, July 5 and September 2022, hold a duly noticed Public Hearing, to consider a Development Agreement by and between the City of La Quinta and CM Wave Development, LLC for the Coral Mountain Resort APN 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766- 080-001,766-080-002,766-080-004 & 766-080-005; and WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-011 to recommend to the City Council adoption of said Development Agreement at a duly noticed Public Hearing on the April 26, 2022; and WHEREAS, said Development Agreement has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 1983-63). The City prepared 711 Ordinance No. _ Development Agreement 2021-0002 - Project: Coral Mountain Resort Adopted: Page 2 of 4 an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019-0010. The City Council has adopted Resolution No. 2022- certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics and greenhouse gas emissions, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta Municipal Code to justify approval of said Development Agreement, included to this Resolution as Exhibit A, and incorporated herewith by this reference: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Coral Mountain Resort Specific Plan. 2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed in the Coral Mountain Resort Specific Plan, and implements the Specific Plan's design features. 3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare and good land use practices because it will create a revenue stream to assure that public safety costs incurred by the City for the project will be paid for by the project. 4. The Development Agreement will not be detrimental to the health, safety and general welfare, as it provides for the long term ordered development of a master planned community. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values insofar as it will ensure that development occurring on the site will generate revenues and assure high quality development. 6. The Development Agreement will have a positive fiscal impact on the city by paying mitigation fees for services it requires, additional Transient Occupancy Tax and Sales Tax revenues. 712 Ordinance No. _ Development Agreement 2021-0002 - Project: Coral Mountain Resort Adopted: Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case. 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 City of La Quinta City Council, held on September 21, 2022, by the following vote: AYES: NOES: ABSENT: 713 Ordinance No. _ Development Agreement 2021-0002 - Project: Coral Mountain Resort Adopted: Page 4 of 4 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 714 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CM WAVE DEVELOPMENT LLC irj 715 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2022 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California ("City"), and CM Wave Development LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. Government Code Section 65864 et seq. ("Development Agreement Act") authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns certain real property, consisting of approximately 386 acres, located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and shown on the Site Map attached hereto as Exhibit `B" (the "Site"); and Developer has proposed to develop a resort community consisting of a mix of uses including, up to 600 residential dwelling units, a boutique resort hotel with up to 150 keys and complimentary resort uses and amenities, a recreational surf facility, up to 57,000 square feet of tourist commercial uses, up to 60,000 square feet of neighborhood commercial uses, and approximately 23.6 acres of additional open space and recreational amenities (collectively, the "Project"). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Coral Mountain Resort Specific Plan, also known as Specific Plan No. SP2020-0002 ("Specific Plan"); (iii) the Environmental Impact Report prepared for the Project, approved and certified by the City Council on , by City Council Resolution No. (the "BIR"); (iv) General Plan Amendment No. GPA 2019- 0002; (v) Zone Change No. ZC 2019-0004; (vi) Specific Plan Amendment to SP 03-067 (to remove the Site from that Specific Plan); (vii) Tentative Tract Map No. TTM 2019-0005; Site Development Permit No. SDP 2021-0001; and (viii) any future discretionary or ministerial approvals and/or permits issued for the Project (collectively, the "Project Site Development Permits"); (ix) any future subdivision maps approved for the Project (collectively, the "Future Tract Maps"); and (x) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(x) are collectively referred to herein as the "Project Approvals," and are, or when approved or issued shall be, on file with the City Clerk. D. Developer owns fee simple title to the Site, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Site. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development -1- 716 agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. F. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. G. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. H. On , 2022, the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: GENERAL 1.1 Definitions 1.1.1 "Administrative Adjustment" shall have the meaning set forth in Section 2.2.10 of this Agreement. 1.1.2 "Affiliated Party" shall have the meaning set forth in Section 1.8.3 of this Agreement. 1.1.3 "Agreement" means this Development Agreement and all amendments and modifications thereto. 1.1.4 "Annual Mitigation Payment Date" shall have the meaning set forth in Section 3.6.1 of this Agreement. 1.1.5 "Applicable Rules" means the rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement, including, but not limited to, the City's General Plan, Zoning Ordinance, and the -2- 717 Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction. 1.1.6 "Assignment and Assumption Agreement" shall have the meaning set forth in Section 1.8.1 of this Agreement. 1.1.7 "CC&Rs" means the Declaration(s) of Covenants, Codes, and Restrictions, recorded against all or a portion of the Site, as set forth in Section 3.8 of this Agreement. 1.1.8 "CDFW" means the California Department of Fish and Wildlife, a state agency. 1.1.9 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.1.10 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.11 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.12 "Conditions of Approval" shall have the meaning set forth in Recital C. 1.1.13 "Coral Mountain Resort Annual Mitigation Fee" shall have the meaning set forth in Section 3.6.2 of this Agreement. The Coral Mountain Resort Annual Mitigation Fee may also be referred to as the "Coral Mountain Residential Unit Fee". 1.1.14 "CVMSHCP" means the Coachella Valley Multiple Species Habitat Conservation Program, as described in the EIR and as approved by the California Department of Fish and Wildlife with issuance of a Natural Community Conservation Plan (NCCP) Permit on September 9, 2008, and the U.S. Fish and Wildlife Service with the issuance of the final permit on October 1, 2008, for the CVMSHCP. 1.1.15 "CVWD" means the Coachella Valley Water District, a public water agency, formed and operating pursuant to state law. 1.1.16 "Development Director" means the Design and Development Director for the City or designee. 1.1.17 "Developer" has the same meaning as in the preamble to this Agreement. 1.1.18 "Development Agreement Act" means Section 65864 et seq., of the California Government Code. -3- 718 1.1.19 "Development Impact Fees" or "DIF Fees" means any and all fees imposed and authorized pursuant to the Mitigation Fee Act, Section 66000 et seq. of the California Government Code, and any and all City ordinances, resolutions, and policies implementing the same, including but not limited to the La Quinta Municipal Code. 1.1.20 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies. 1.1.21 "Discretionary Permits" means any permits, approvals, plans, Future Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, site development permits, grading permits, stockpile permits, and encroachment permits. 1.1.22 "Effective Date" shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.23 "Environmental Impact Report" or "EIR" shall have the meaning set forth in Recital C of this Agreement. Agreement. 1.1.24 "Finance District" shall have the meaning set forth in Section 4.4 of this 1.1.25 "Future Tract Maps" shall have the meaning set forth in Recital C. 1.1.26 "General Plan" means the General Plan of the City. 1.1.27 "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by City, including Development Impact Fees and Quimby Fees. Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (c) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development. 1.1.28 "Insubstantial Modification" shall have the meaning set forth in Section 6(a) of this Agreement. 1.1.29 "Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by Im 719 City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits. 1.1.30 "Mitigation Measures" means the mitigation measures described in the EIR and in the Mitigation Monitoring Program approved and adopted for the Project. 1.1.31 "New Laws" means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date. 1.1.32 "Non -Assuming Transferee" shall have the meaning set forth in Section 1.8.2 of this Agreement. 1.1.33 "One -Time Mitigation Fee" shall have the meaning set forth in Section 3.6.1 of this Agreement. 1.1.34 "Operative Year" shall have the meaning set forth in Section 3.6.2 of this Agreement. 1.1.35 "Parties" means collectively Developer and City. Each shall be referred to in the singular as a "Party". 1.1.36 "Planning Area" shall mean an area designated on the Site Map as a planning area. 1.1.37 "Planning Commission" means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.38 "Processing Fees" means all processing fees and charges required by City to cover the City's cost of processing permits and other land use entitlements and conducing the associated inspections, including, but not limited to, fees for filing land use applications, plan check fees, inspection fees, and other processing or administrative fees. Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a City-wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Developer shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City's program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement. Section 3.1. 1.1.39 "Project" means development of the Site as set forth in more detail in -5- 720 1.1.40 "Project Approvals" shall have the meaning set forth in Recital C. 1.1.41 "Public Facilities" shall have the meaning set forth in Section 4.4 of this Agreement. 1.1.42 "Quimby Fees" means any and all fees imposed and authorized pursuant to the Quimby Act, Section 66467 of the California Government Code, and any and all City ordinances, resolutions, and policies implementing the same, including but not limited to the La Quinta Municipal Code. 1.1.43 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on City's police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer's ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer's ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City- wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) required by a non -City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a significant loss of funds or loss of access to significant funding or other resources), or (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement). 1.1.44 "Schedule of Performance" means the schedule for the development of the Project as set forth in Exhibit "H" attached hereto and incorporated into this Agreement by this reference. 1.1.45 "Short -Term Vacation Rentals Regulations" means Chapter 3.25 (or successor chapter) of the La Quinta Municipal Code that governs the application, permitting, renewal, use, operation, penalties, and other provisions relating to short-term vacation rentals in the City, in effect at the time during the Term of this Agreement, except to the extent any provision in Chapter 3.25 directly conflicts with the rights vested as set forth in Section 5 of this Agreement. 1.1.46 "Site" means approximately 386 acres of real property located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California. The Site is legally described in the Site Legal Description and depicted in the Site Map., attached hereto as Exhibits A and B, respectively. In 721 1.1.47 "Site Development Plan" shall have the meaning set forth in Section 9.180.020 of the La Quinta Municipal Code. 1.1.48 "Site Legal Description" shall mean the legal description of the Site as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. 1.1.49 "Site Map" means the map of the Site and immediately adjacent properties, which is attached hereto as Exhibit B and incorporated herein by this reference. 1.1.50 "Specific Plan" shall have the meaning as set forth in Recital C. 1.1.51 "Term" means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1.1.52 "TOT" means Transient Occupancy Tax levied by the City, in accordance with Chapter 3.24 of the La Quinta Municipal Code and applicable state law, and deposited into the City's general fund after remittance by all operators (or other entities or individuals) subject to the tax. 1.1.53 "Transferee" means individually or collectively, Developer's successors in interest, assignees or transferees of all or any portion of the Site. 1.1.54 "Uniform Codes" means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi -state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City-wide). 1.1.55 "Vesting Date" means the later of (i) the Effective Date of this Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines to challenge the Project Approvals with no legal challenge or petition having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City. Agreement. 1.1.56 "Wave Basin" shall have the meaning as set forth in Section 3.1(C) of this 1.1.57 "Zoning Ordinance" means Title 9 of the La Quinta Municipal Code. 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. -7- 722 1.3 Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of ("Effective Date"), which is the date that Ordinance No. takes effect. 1.4 Statement of Benefits and Consideration. The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom. City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted Ordinance No. approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and operation of the Project for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project can be constructed and operated during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.5 Citeses A Findings. City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the State and local guidelines adopted thereunder, and City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA. 1.6 Modification or Amendment of this Agreement. Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Section 65867-65868, the City's Development Agreement Ordinance, and the following terms: (a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this In 723 Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Specific Plan, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an "Insubstantial Modification"), and that can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum to the EIR, shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or designee shall determine, in the City Manager's sole discretion but not to be unreasonably withheld: (1) whether the requested modification constitutes an "Insubstantial Modification," as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether the requested modification tends to promote the goals of this Agreement. If the City Manager or designee determines that the requested modification is an "Insubstantial Modification" that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an "amendment" to this Agreement under Government Code Section 65858. (b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be "Substantial Amendments" which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Amendment Exemptions. City approval of (1) administrative adjustments to a Project Approval, as defined in Section 2.2.10 of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any minor amendments or modifications to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder. (d) Parties Required to Amend. Where a portion of Developer's rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder. In no event shall the signature or consent of any Non -Assuming Transferee be required to amend this Agreement. 1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption. In 724 1.7 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. As to any specific lot containing a residential dwelling within the Project, this Agreement shall terminate as to such lot upon the issuance by the City of a certificate of occupancy for the dwelling and the close of escrow of the initial sale of that dwelling. 1.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under the Project Approvals to third parties acquiring an interest or estate in the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following: 1.8.1 Assignment and Assumption Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of the Site (other than a transfer or assignment by Developer to an affiliated parry, a "Mortgagee", or a "Non -Assuming Transferee" (as defined in Section 1.8.2 below)), Developer and the transferee shall enter into a written agreement (an "Assignment and Assumption Agreement") regarding the respective interests, rights and obligations of Developer and the transferee in and under the Project Approvals. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to improve that portion of the Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Except as provided in Section 1.8.2 of this Agreement, Developer shall obtain City's prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. City may refuse to give its consent only if, in light of the proposed transferee's reputation and financial resources, such transferee would not in City's reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Site, or -10- 725 portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable, and (d) City has satisfied itself of transferee's ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein. (d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer's release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer's obligations to that successor. (e) Provided any assignment is consistent with the Development Agreement Act and Development Agreement Ordinance, the City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 1.8.2 Non -Assuming Transferees. Except as otherwise required by Developer, in Developer's sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to: (i) any single residential parcel conveyed to a purchaser, or (ii) any property that has been established as one or more separate legal parcels and conveyed for open space, park, or similar nonresidential/noncommercial uses. Neither an Assignment and Assumption Agreement nor City's consent shall be required in connection with subsections (i) and (ii) above as long as Developer continues to assume obligations with respect to the portion that is transferred, or can otherwise demonstrate bonds and/or other financial security will satisfy these obligations, and in such case the transferee in such a transaction and its successors ("Non -Assuming Transferees") shall be deemed to have no obligations under this Agreement (except for obligations which extend to the individual units, single residential parcels, and any other parcels or property subject to the Declaration of Covenants, Conditions and Restrictions (CC&R) provisions which implement this Agreement) but shall continue to benefit from the vested rights provided by this Agreement until this Agreement is terminated with respect to that parcel under Section 1.7 of this Agreement. Nothing in this section shall exempt any property transferred to a Non -Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. 1.8.3 Transfers to Affiliated Parties. Developer, or any "Affiliated Party" of Developer, may at any time and without City's prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any "Affiliated Party" of such Transferor and, in connection with the transfer of any such -11- 726 obligations, be released from such obligations; provided, however, that Developer and the Affiliated Party duly execute (in recordable form) an Assignment and Assumption Agreement in a form approved by the City Manager and City Attorney, and Developer deliver said agreement to the City to ensure, among other terms and conditions, the City has the current address and notice information for any Affiliated Party that assumes all or any portion of Developer's rights and obligations under this Agreement. As used herein, the term "Affiliated Party" shall mean any entity that owns fifty-one percent (51 %) or a controlling interest in Developer. The City shall have the right to request and review any and all articles of incorporation, bylaws, operating agreements, and other related governing documents of any Affiliated Party to confirm compliance with the requirements of this Section 1.8.3. 2. AGREEMENTS AND ASSURANCES 2.1 Agreement and Assurance on the Part of Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement. 2.2 Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Vested Entitlement to Develop. Developer has the vested right to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer's vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements within the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the -12- 727 earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent they would apply without this Agreement: (i) all Applicable Rules; (ii) all New Laws applied to Developer through the City's Reserved Powers; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; and (iv) the payment of all applicable fees in effect on the Effective Date in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Site and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Site or the Project unless such changes represent an exercise of City's Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent -13- 728 that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent Development Review. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold or unreasonably condition any approvals and/or permits which must be issued by City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all City-wide standard procedures for processing applications for such approvals and/or permits. Nothing in this Agreement shall be interpreted to require the City to issue a permit or approval that is inconsistent with the Applicable Rules. 2.2.5 Moratoria or Interim Control Ordinances. In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Site, or the use of the Site (or any portion thereof) as authorized by this Agreement, or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Site, the Project or this Agreement, unless such changes are lawfully adopted pursuant to the Reserved Powers and do not conflict with any provisions of this Agreement. 2.2.6 Reserved. 2.2.7 Impact Fees. Notwithstanding any provisions in this Agreement regarding the type, amounts, and rates of Impact Fees to the contrary, the Impact Fees imposed by City with respect to the Project shall be only those Impact Fees in full force and effect as of the Effective Date, in the amounts/rate in effect at the time such fees are paid. 2.2.8 Timeframes and Staffing for Processing and Review. City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical -14- 729 to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Discretionary Actions, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such Ministerial Permits and Approvals and Discretionary Actions and to comply with any timeframes established in the Project Approvals. City further agrees to timely process and approve all Ministerial Permits and Approvals, so long as they are consistent with the terms of this Agreement, the Applicable Rules, and the Project Approvals, and agrees to exercise its discretion concerning Discretionary Actions in manner that is consistent with the terms and conditions of this Agreement. 2.2.9 Extension of Tentative Maps. In accordance with Government Code Section 66452.6(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with the development of the Project, shall be extended for the greater period of (a) twenty (20) years or (b) such maximum total time as is permitted in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.) or Applicable Rules. 2.2.10 Project Approval Adjustments. To the extent permitted by state and federal law, any Project Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Adjustments. Upon the written request of Developer for a modification to a Project Approval (other than this Agreement), the Development Director or designee, in consultation with the City Engineer, shall determine: (i) whether the requested modification is minor when considered in light of the Project as a whole, and (ii) whether the requested modification is consistent with Applicable Rules (other than that portion of the Applicable Rules sought to be amended). If the Development Director or designee, in consultation with the City Engineer, determines, in his/her reasonable judgment, that the proposed modification is both minor and consistent with Applicable Rules (other than that portion of a Project Approval sought to be amended), the modification shall be determined to be an "Administrative Adjustment" and the Development Director or designee, in consultation with the City Engineer, may, except to the extent otherwise required by state or federal law, approve the Administrative Adjustment without notice and public hearing. For the purpose of this Section 2.2.10, and by way of example only, site plan review, architectural review, lotting pattern changes, changes in pedestrian paths, tentative subdivision map amendments (including lotting patterns and street alignments) which are minor and will not have a substantial or material impact on traffic circulation as described for each such area in the Specific Plan, substitutions of comparable landscaping for any landscaping shown on a landscape plan, minor variations in the location of lots or homesites that do not substantially alter the design concepts of the Project, final locations of floating park sites, floating public facility sites, and minor variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, may be treated as Administrative Adjustments by the Development Director and the City Engineer. -15- 730 (b) Non -Administrative Amendments. Any request of Developer for a modification to a Project Approval (other than this Agreement), which is not approved as an Administrative Adjustment as set forth above, shall be subject to review, consideration, and action pursuant to Applicable Rules. 3. DEVELOPER'S OBLIGATIONS 3.1 Development of the Project; Planned Development. Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a mixed -use resort development with the following components: (A) Up to 60,000 square feet of neighborhood commercial development with associated parking, circulation and landscaping improvements on approximately 7.7 acres in "Planning Area I"; (B) Up to 496 single-family residential dwellings and related recreational and open space amenities and infrastructure improvements on approximately 232.3 acres in "Planning Area II"; (C) Tourist commercial and resort residential uses on approximately 120.8 acres in "Planning Area III", consisting of boutique resort hotel with up to 150 keys, 57,000 square feet of tourist commercial resort amenities in a walkable village, up to 104 resort residential dwellings, an approximately 16-acre artificial "Wave Basin," a private clubhouse and related amenities adjacent to the Wave Basin, as well as other open space, recreational amenities, and related facilities and infrastructure improvements; (D) An additional 23.6 acres of natural open space with low -impact active and passive recreational amenities in "Planning Area IV"; and (E) Allowance of short-term vacation rentals pursuant to Article 5 of this Agreement. Developer shall develop the Project in accordance with the Schedule of Performance, as that schedule may be modified pursuant to mutual written agreement of the parties or extended pursuant to Section 8.2 of this Agreement. If any item of performance is not completed in accordance with the Schedule of Performance, then following the notice and cure periods set forth in Sections 6.1 and 6.2 of this Agreement, the City shall have the right to terminate the Agreement as to the specific portion of the Project that has not been completed in accordance with the Schedule of Performance, subject to the procedures described in Section 6.3 of this Agreement. Except as set forth in this Section 3.1, Developer is not obligated to affirmatively act to develop all or any portion of the Site, pay any sums of money, dedicate any land, indemnify any party (save and except Developer's obligation to indemnify the City for all costs associated with any legal challenge to this Agreement or the Project Approvals), or to otherwise meet or perform any obligation with respect to the Site, except and only as a condition to the development of the Project. When Developer develops any portion of the Site, Developer shall comply with the terms of this -16- 731 Agreement, the Applicable Rules, and the Project Approvals governing development of the Site or any portion thereof. 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code section 66473.7 with respect to any Tract Maps prepared for the Project. 3.3 Project Design Features Referenced in EIR. As a condition of development, Developer shall incorporate into the Project all project design features identified in the EIR and included as part of the "project" evaluated in the EIR and its technical studies, as specifically identified in Exhibit "C" attached hereto. Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.4 Mitigation Monitoring Program. As a condition of development, the Developer shall also comply with the mitigation monitoring program set forth in Exhibit "D" attached hereto (the "Mitigation Monitoring Program"), and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. 3.5 Conditions of Approval. As a condition of development, the Developer shall also comply with the conditions of approval attached hereto as Exhibit "B," and Developer's compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "E" may be applicable to the Project if and as associated with future Project approvals, to the extent such additional conditions of approval are consistent with the terms of this Agreement. 3.5.1 CVMSHCP Compliance. (A) Notwithstanding any provisions in this Agreement to the contrary, the following terms and conditions in furtherance of CVMSHCP compliance shall apply: The Project shall comply with all provisions of the CVMSHCP Guidelines for all areas adjacent to Coral Mountain or any other Bureau of Land Management (`BLM") open space as shown on Figure 13 in the Specific Plan; (B) The development of the Project and use of the Site (and each applicable Planning Area on the Site) shall fully comply with all CVMSHCP Land Use Adjacency Guidelines, even though no portion of the Project or the Site is in or adjacent to any CVMSHCP conservation area, as set forth in more detail in Section 2.5 of the Specific Plan. Without limiting the obligation to comply with the CVMSHCP Land Use Adjacency Guidelines, the following terms and conditions apply to the development of the Project and use of the Site: (i) There shall be no planting of invasive, non-native plant species in and adjacent to CVMSHCP conservation areas as shown on Figure 13 of the Specific Plan; and (ii) The Project shall follow the recommended and -17- 732 prohibited species as noted in Tables 4-112 and 4-113 of the CVMSHCP Land Use Adjacency Guidelines, as set forth in Table 3 of the Specific Plan ("Plant Material Palette"). (C) To further the CVMSHCP Land Use Adjacency Guidelines requirement for the incorporation of barriers to minimize unauthorized public access, domestic animal predation, illegal trespass, and dumping in a CVMSHCP conservation area, there shall be a protective barrier that complies with the requirements for Peninsular Bighorn Sheep ("PBS") barriers along the western boundary, covering all areas adjacent to Coral Mountain and other BLM open space property, as set forth in more detail in Section 2.5 of the Specific Plan. The protective sheep barrier shall be at least eight (8) feet high, with the final design and location subject to City approval in consultation with CDFW. All recreational infrastructure and activities, including but not limited to the planned on -site portion of the regional trail connection which Desert Recreation District intends to construct in the vicinity of the Project, shall be located on the development -side and not on the BLM side of the protective sheep barrier. 3.5.2 CC&Rs Incorporating CVMSHCP Compliance. The CVMSHCP compliance requirements set forth in Section 3.5.1 of this Agreement shall be incorporated into the CC&Rs for the Project and the Site, which shall be recorded against the Site as provided for in Section 3.8 of this Agreement, and shall be enforceable in perpetuity for the life of the Project and use of the Site. 3.6 Payment of Fees. During the Term of this Agreement, Developer shall timely pay all Processing Fees and Impact Fees with respect to the Project as specified in this Agreement. 3.6.1 Developer's Payments of One -Time Mitigation Fees. As a further public benefit of the Project, including to help pay for the City's public safety and public infrastructure costs, Developer shall pay or cause to be paid to the City, for each of the up to 496 single-family residential units in Planning Area Il of the Project, the sum of One Thousand Dollars ($1,000.00) per unit, with such payment due upon the first close of escrow for each such unit (the "One -Time Mitigation Fee"). 3.6.2 Annual Mitigation Fee; Potential Cessation of Annual Fee. To ensure that the Project generates sufficient TOT and sales tax revenues to the City to pay all public safety and other public service costs of the City resulting from the Project, during the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Developer or the Developer's successor shall pay to the City an annual mitigation fee ("Coral Mountain Resort Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). ffm 733 The Coral Mountain Resort Annual Mitigation Fee shall be comprised of the following: The collective sum of One Thousand Dollars ($1,000) for each of the 600 allowed residential units (also referred to as the "Coral Mountain Residential Unit Fee") in the Project that has received a certificate of occupancy, and that has been sold to a third party purchaser as evidenced by a recorded grant deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the two paragraphs above, if the City has received TOT for rentals from the Project (which includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Dollars ($1,000,000.00) but less than One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 1 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, the Coral Mountain Resort Annual Mitigation Fee for the next Operative Year (and each Operative Year thereafter) shall be reduced from One Thousand Dollars ($1,000) per residential in the Project to Five Hundred Dollars ($500.00) per residential unit in the Project. Furthermore, and notwithstanding the three paragraphs above, if the City has received TOT for rentals from the Project (which includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Seven Hundred Thousand Dollars ($1,700,000.00) ("Level 2 TOT Goal") for two consecutive Operative Years during the Term of this Agreement, then the Developer's (or the Developer's successor's) obligation to pay the Coral Mountain Resort Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall no longer be of any further force and effect. Notwithstanding the obligation (or termination of the obligation) by Developer (or Developer's successors) to pay either the One -Time Mitigation Fee or the Coral Mountain Resort Annual Mitigation Fee, all rentals of residential units and hotel units shall remain subject to the City's TOT requirements. The CC&Rs for the residential units in the Project shall provide for the assessment and collection of the Coral Mountain Resort Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain Resort Annual Mitigation Fee, the CC&Rs shall provide the City with enforcement rights against both the Developer or its successor and the individual homeowners. The City shall be provided with the same rights of collection as to the Coral Mountain Resort Annual Mitigation Fee that the Developer or its successor shall have for the collection of other fees and assessments, but the Developer or its successor shall have the obligation for collection and payment of the Coral Mountain Resort Annual Mitigation Fee. In any action by the City to collect the Coral Mountain Resort Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. The CC&Rs shall be subject to the terms and conditions set forth in Section 3.8 of this Agreement. 3.6.3 Annual Rate Adjustment. The Coral Mountain Resort Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July 1" during the term of this Agreement, commencing on the first Annual Mitigation Payment Date, by an increase of two percent (2%) per year. The CC&Rs -19- 734 as described in the last paragraph of Section 3.6.2 above shall include the annual rate adjustment as provided in this Section 3.6.3 of this Agreement. 3.6.4 Other Fees and Charges. Except as expressly limited in this Agreement, nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes. Notwithstanding the foregoing, Developer reserves the right to challenge the application of any fee, charge, levy, assessment, or tax imposed on the Project or Site by the City if Developer contends it violates the terms of this Agreement or the other Project Approvals. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.7 Dedications and Improvements; Improvement Security. Developer shall complete and offer dedications to the City or other applicable public agency of those public improvements required in connection with the Project, as specified in the Conditions of Approval. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer's obligations under this Agreement to construct the on -site and off -site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code. 3.8 Declaration(s) of Covenants, Codes, and Restrictions. Developer shall prepare, draft (in a form to be approved by the City Manager and City Attorney), execute, and cause to be recorded in the official records of Riverside County one or more Declaration(s) of Covenants, Codes, and Restrictions ("CC&Rs") to govern the authorized and required land uses and operations at the Site, and the general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure), and any other terms and conditions as may be necessary or appropriate to maintain the use and operation of the Site, and all common areas, consistent with the terms and conditions of the Project. Developer may have CC&Rs prepared, drafted, executed, and recorded for each of the separate phases (Planning Area I, Planning Area II, Planning Area III, and Planning Area IV) of the Project, but the CC&Rs shall include at a minimum the terms and conditions governing the payment of fees as required in Section 6.3 of this Agreement, the terms and conditions allowing for the use of short-term vacation rentals as provided in Article 5 of this Agreement for the applicable Planning Areas of the Project, and general maintenance, repair, landscaping, public and private utility usage and ownership -20- 735 (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure. The CC&Rs shall be implemented and enforced by a duly established homeowners association ("HOA") pursuant to state law for a common interest development. The City shall be deemed a third party beneficiary to the CC&Rs with the right, but not the obligation, to enforce any terms and conditions included for the benefit of the City as provided for in this Agreement or the CC&Rs ("City Required Provisions"). The City Required Provisions, once approved by the City Manager and City Attorney, may not be substantively amended or modified without the prior written consent of the City Manager and City Attorney, which shall not be unreasonably withheld, conditioned or delayed. 3.9 Indemnification. Developer shall protect, defend, indemnify and hold harmless City and City's officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys' fees and expert witness fees, arising out of or directly relating to construction and development -related activities on the Site by Developer, but excluding those resulting from the gross negligence or willful misconduct of any Indemnitee, but including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted ("Claims"). In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City's option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 3.10 Permanent Closure of Wave Basin. In the event that the Wave Basin is permanently closed during the term of this Development Agreement, Developer shall be required to dismantle and remove the wave making machinery and -21- 736 shall either (i) continue to operate the basin itself as a recreational lake amenity, or (ii) seek City approval for an alternative use, including obtaining a Conditional Use Permit, Site Development Permit, or other applicable entitlement, if required. 3.11 Turf Reduction Program. 3.11.1 Developer Pam. As a further public benefit of the Project, and to provide additional funds to supplement CVWD's turf reduction program (currently $3/square foot) specifically for residents of the City, Developer shall make the following payments to the City or its designee: (i) Five Hundred Thousand Dollars ($500,000) within thirty (30) days following the Vesting Date; (ii) an additional Five Hundred Thousand Dollars ($500,000) on or before the one-year anniversary of the Vesting Date; and (iii) an additional Five Hundred Thousand Dollars ($500,000) on or before the two-year anniversary of the Vesting Date. The City shall have the right to receive and the discretion to administer the funds received pursuant to this Section 3.11.1 to further the purposes of the turf reduction program for the benefit of the City's residents. In the event that CVWD discontinues the turf reduction program in place as of the Vesting Date of this Agreement, the City shall still have the right to receive the payments described in this Section 3.11.1 and 3.11.2 below for purposes consistent with turf reduction goal and objectives, as the City deems appropriate in its discretion. 3.11.2 Transfer Fee on Initial Sales. In addition to the Developer payments described in Section 3.11.1, Developer shall establish and impose a transfer fee on the initial sale of each home and estate lot in the Project equal to one -quarter of one percent (0.25%) of the total sales price, which shall be paid to the City or its designee within thirty (30) days following the close of escrow on the initial sale to a home or lot buyer, for the purpose of funding the turf reduction program as described in Section 3.11.1 above. Developer shall create and impose this transfer fee for initial sales of each home and estate lot in the CC&Rs recorded pursuant to Section 3.8 of this Agreement. 3.12 Coral Mountain Surf Foundation Obligations. Developer shall establish and impose a transfer fee on all re -sales of homes within the Project equal to one -quarter of one percent (0.25%) of the total sales price, which shall be distributed by a Coral Mountain nonprofit entity that shall be established by Developer or caused to be established by Developer (with the nonprofit entity, and its charitable purpose(s), approved by the City) to support health and social programs in the City of La Quinta and the eastern Coachella Valley in Riverside County. Such programs may include but are not limited to the funding of bona fide non-profit and community service organizations with missions that address health and social justice issues, such as clean water initiatives in rural underserved communities, community food security, and homeless and impoverished services. Developer shall remit to the City or its designee all funds collected and received as a transfer fee pursuant to this Section 3.12 within thirty (30) days following the close of escrow on the re -sale of a home within the project. Developer shall create and impose this transfer fee for re -sales of homes in the CC&Rs recorded pursuant to Section 3.8 of this Agreement. -22- 737 3.13 Coral Mountain Park; Park Component of DIF Fees and Quimby Fees. As a further public benefit of the Project, the parties agree that, to the maximum extent permitted by law, the park component of the City's Development Impact Fees and Quimby Fees required to be paid by Developer for the Project's resort residential units in Planning Area III (specifically Planning Area III-D and III-E) and the estate residential lots in Planning Area II shall be dedicated to providing funding for Desert Recreation District's planned Coral Mountain Park improvements. Developer agrees to, and hereby does and shall, waive any right to receive the funds as described in this Section 3.13, or to the repayment of said funds or any credit for said funds as described in this Section 3.13, attributable to the park component of the City's Development Impact Fees and Quimby Fees that otherwise apply due to the Project's construction and/or dedication of public park improvements. 3.14 Charitable Use of Wave Basin. Developer shall allocate a minimum of one thousand (1,000) person hours of time in the Wave Basin annually for charitable and public interest purposes, including but not limited to an annual surf camp run by the City or its designee, or donations for fundraising auction prizes for qualified charities. 3.15 Special Event Restriction. In addition to the mitigation measures applicable to any proposed special events at the Wave Basin, there shall be a prohibition against any special events for the first two years following the commencement of Wave Basin use and operations. Following the expiration of the two-year period, Developer shall cooperate with City in monitoring and providing traffic data, noise date, and other information reasonably requested by City in connection with any temporary use permit requested by Developer for any special events proposed for the Wave Basin. 4. CITY' S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "F", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. -23- 738 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 City Cooperation. The parties agree that Developer must be able to proceed rapidly with the development of the Property and, accordingly, that expedited City review of tentative maps, final maps, modifications to Project Approvals, building permits and construction inspections, is essential to the successful completion of the Project. Accordingly, to the extent that the applications and submittals are in conformity with the Project Approvals, Applicable Rules, and this Agreement, and adequate funding exists therefor, City agrees to provide adequate City resources to diligently accept, review, and take action on all subsequent applications and submittals made to City by Developer in furtherance of the Project. Similarly, to the extent that adequate funding exists therefor, City shall provide adequate City resources to promptly review and approve improvement plans, conduct construction inspections, and accept completed public facilities. Developer agrees to reimburse the City for all costs associated with providing expedited services, above and beyond those costs covered by the City's Processing Fees. In the event City does not have adequate resources, City shall authorize the use of "contract labor" for inspection and plan review purposes, which shall be reimbursed by Developer, pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credit to Developer to avoid Developer paying more than once for the same plan check, inspection, or other City service. City shall consult with Developer concerning the selection of the most knowledgeable, efficient and available "contract labor" for purposes of providing inspection and plan review duties for the City and the Project; provided, however, that City shall retain the right to select any "contract labor" it reasonably chooses. 4.4 Final Map and Improvement Plan Procedures. The City shall complete improvement plan and final map review in accordance with Applicable Rules, in good faith, and in an expeditious manner. If reasonably necessary, City shall have the right to hire outside inspectors and/or consultants, the cost of which shall be reimbursed by Developer. For those improvement plans or other implementing approvals under the jurisdiction of another agency, if any, the City agrees to reasonably cooperate in providing any necessary information or approval in a timely manner, so long as the plans do not substantially conflict with the Project Approvals. -24- 739 4.5 Building Permits. City shall complete its review of house plans and issue building permits in a good faith and expeditious manner. Recordation of a final map shall not be required prior to the issuance of building permits for model homes. 4.6 Environmental Review and Mitigation. The Parties understand and agree that the EIR for the Project considers the whole of the Project, including each of the Project Approvals and all Discretionary Actions and Ministerial Permits and Project Approvals necessary for development of the Project. Accordingly, the City agrees to use the certified EIR for this Project as a program and project EIR to comply with CEQA's environmental review requirements for all future Discretionary Actions to the maximum extent allowed by law, including applying the CEQA exemptions specified in Government Code § 65457 and CEQA Guidelines 15182 and 15183, which establish an exemption from further environmental review for the processing of tentative tract maps after certification of a Specific Plan EIR for residential development, if the proposed tentative tract maps are consistent with the Specific Plan and meet other applicable requirements. If an exemption or reliance on the EIR as a program and project EIR is not legally permissible, in the City's sole judgment, then City and Developer agree to meet and confer as to the most appropriate form of environmental review of such approval, provided, however, that City shall retain the authority to determine the most appropriate form of such environmental review. 4.7 Inspections. \J/ Any building or fire inspection request received by City from Developer will be processed as expeditiously as possible, pursuant to the terms and conditions of this Agreement and (as applicable) provisions in the La Quinta Municipal Code and City's standard inspection procedures. 4.8 Review for Compliance. City shall review Developer's compliance with the terms and conditions of this Agreement at least once during every twelve (12) month period following the Effective Date. In accordance with the City's procedures and standards for such review. During such period review by the City, Developer, upon written request from the City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms and conditions of this Agreement. The failure of the City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement or the obligations of the Parties to perform pursuant to the terms and conditions of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City shall, at Developer's request, issue a certificate of compliance to Developer stating that (i) This Agreement remains in full force and effect, and (ii) Developer is in compliance with this Agreement. The certificate of compliance shall be in a form approved by the Parties and, for the City, the City Manager and the City Attorney, and may be in recordable form. Developer may, at its sole cost and expense, record any such certificate of compliance if obtained. If, at the conclusion of the annual review provided for herein, Developer has been found not to be in compliance with this Agreement, City shall, at is sole and -25- 740 absolute discretion, exercise any and all rights available under this Agreement and otherwise available at law or in equity. 5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. 5.1 Short Term Vacation Rentals as a Permitted Use. This Agreement and the Specific Plan for the Project provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. Such short-term vacation rentals shall be subject to the terms of the Short -Term Vacation Rental Regulations set forth in Chapter 3.25 of the La Quinta Municipal Code (or successor provisions) of the La Quinta Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City's Short - Term Vacation Rental Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City's Short -Term Vacation Rental Regulations. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit "G". In the event Chapter 3.25 is repealed in its entirely, the provisions of Chapter 3.25 as attached to this Agreement shall govern the permitting, operation, and renewal of short-term vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in Chapter 3.25, the Developer or its successor or assignee shall be the "authorized agent or representative" (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of Chapter 3.25, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the "owner" (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with Chapter 3.25 and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non- compliance; and, provided further, that the "owner" shall have a process available, through an independent arbitrator or neutral decision -maker designated by the homeowner's association ("HOA") of which the short-term vacation rental unit owner is a member, to petition for a change of that owner's "authorized agent or representative" because the owner demonstrates, with a preponderance of evidence, that the "authorized agent or representative," designated by the -26- 741 Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of Chapter 3.25 for that owner's short-term vacation rental unit. The CC&Rs as described in Section 3.8 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition the HOA for a change in that owner's "authorized agent or representative" as required by this Section 5.1. Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Property (and each One of the Properties) within the Project: (A) The operational requirements and restrictions in Section 3.25.070 (or successor section) of the La Quinta Municipal Code shall apply to all short-term vacation rental units, including the limits on the number of daytime and overnight guests in each unit to ensure that occupancy levels are appropriate for the number of bedrooms and compatible with single- family residential communities; (B) All short-term vacation rental units in the Project shall be subject to, at a minimum, the noise restrictions in Sections 9.100.210 and 11.08.040 (or successor sections) of the La Quinta Municipal Code, in addition to any noise compliance requirements set forth in Chapter 3.25 of the La Quinta Municipal Code. 5.2 Transient Occupancy Ta All short-term vacation rentals in the Project shall be subject to, and comply with, the City's Transient Occupancy Ordinance as set forth in Chapter 3.24 of the La Quinta Municipal Code. To the extent the City revises its Transient Occupancy Ordinance after the Effective Date of this Agreement, all short-term vacation rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section 5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short-term vacation rentals in the Project comply with the City's requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement. 5.3 Covenants, Conditions and Restrictions. All CC&Rs recorded pursuant to Section 3.8 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to short-term rentals in that tract or planning area of the Project. -27- 742 5.3.1 Rental Management Program. Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement. 6. DEFAULT; REMEDIES; DISPUTE RESOLUTION. 6.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non -defaulting Party shall have those rights and remedies provided herein, provided that such non -defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, shall and continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 6.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred me 743 to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 7. MORTGAGEE PROTECTION: CERTAIN RIGHTS OF CURE 7.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 7.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 7.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of -29- 744 trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. 8. MISCELLANEOUS 8.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: CM Wave Development LLC Attn: Stowell, Zeilenga, Ruth, Vaughn & Treiger, LLP With copies to: 4590 E. Thousand Oaks Blvd., Suite 100 Westlake Village, CA 91362 Attn: James D. Vaughn, Esq -30- 745 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause, or shall commence to run from the date such notice is subsequently given. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 BindingEffect. ffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. -31- 746 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non-liabili . of City Officers and Employ No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.10 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. -32- 747 8.11 Cooperation in Carrg Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.12 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or delayed. The City Manager, Assistant City Manager, and Development Director are each authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.14 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.15 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.16 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. -33- 8.17 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.18 Exhibits. Exhibits "A"-"H" to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows: A Legal Description of Site B Site Map C Project Design Features D. Mitigation Monitoring Program E. Conditions of Approval F. Compliance Certificate G. Chapter 3.25 of the La Quinta Municipal Code (as of Effective Date) H. Schedule of Performance 8.19 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.20 Authority to Execute, Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) except for the threat of litigation from individuals and organizations who made comments on the EIR or otherwise exhausted their administrative remedies prior to the close of the public hearings on the Project Approvals, there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this -34- 749 Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. (signatures on next page) -35- 750 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. ATTEST: Monika Radeva Pe City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney "DEVELOPER" CM WAVE DEVELOPMENT, LLC, a Delaware limited liability company Its: "CITY" CITY OF LA QUINTA, a California municipal corporation By: Name Title: Jon McMillen City Manager -36- 751 EXHIBIT "A" LEGAL DESCRIPTION OF SITE (Attached) [to be inserted] EXHIBIT "A" 752 EXHIBIT `B" SITE MAP (Attached) [to be inserted] NV EXHIBIT "B" 753 EXHIBIT "C" PROJECT DESIGN FEATURES (Attached) EXHIBIT "C" 754 DRAFT PROJECT DESIGN FEATURES Coral Mountain Resort, La Quinta CA Exhibit C DRAFT Project Design Features Air Quality The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CaIEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Commute Trip Reduction Program is a multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double - counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. Coral Mountain Resort Exhibit C 1 March 2022 755 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • This project will implement an employer -sponsored vanpool or shuttle. A vanpool will usually service employees' commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer -sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer's purview, and rider charges are normally set on the basis of vehicle and operating cost. • The project will design building shells and building components, such as windows; roof systems: • electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which results in 30% less energy for non-residential buildings and 53% less energy for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on -site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to assure a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information • sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: Coral Mountain Resort Exhibit C 2 March 2022 756 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting include: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Greenhouse Gas Emissions The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory: • Pedestrian connections shall be provided to surrounding areas consistent with the City's General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. • Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non -auto modes of transport. For example, when residential areas are in the same neighborhood as retail Coral Mountain Resort Exhibit C 3 March 2022 757 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below • The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four- way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. • Voluntary Commute Trip Reduction Program — A multi -strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double -counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program. • Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks. • This project will implement an employer -sponsored vanpool or shuttle. A vanpool will usually service employees' commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer -sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer's purview, and rider charges are normally set on the basis of vehicle and operating cost. • The project will design building shells and building components, such as windows; roof systems: electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which are expected to result in 30% less energy use for non- residential buildings and 53% less energy use for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development. • Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had Coral Mountain Resort Exhibit C 4 March 2022 758 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES electricity been supplied by the local utility. A minimum of 15% of the project's electricity demand will be generated on -site. • In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939. The following PDFs are part of the project, but no numeric credit has been taken for their implementation to provide a conservative analysis: • Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride -sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride -sharing programs through a multi -faceted approach such as: • Designating a certain percentage of parking spaces for ride sharing vehicles • Designating adequate passenger loading and unloading and waiting areas for ride -sharing vehicles • Providing a web site or message board for coordinating rides • The project will implement marketing strategies to reduce commute trips. Information sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include: • New employee orientation of trip reduction and alternative mode options • Event promotions • Publications • Specified use of Energy Star appliances. • Installation of water -efficient plumbing fixtures. • Installation of tankless water heater systems. • Installation of light -emitting diode (LED) technology within homes. • Use of recycled water for common area landscape irrigation. • Use of drought -tolerant plants in landscape design. • Installation of water -efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important Coral Mountain Resort Exhibit C 5 March 2022 759 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions. Energy Resources See PDFs listed under Greenhouse Gas Emissions, above, as they are applicable to energy consumption. Energy -saving and sustainable design features, as well as operational programs would be incorporated. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. The project will require submittal to the appropriate agencies discussed in this section for review and approval of on -site design for circulation, building standards and utility installation. The following PDFs are part of the project; however, per the GHG Report, no numeric credit has been taken for their implementation in order to produce a conservative analysis: • Specified use of Energy Star appliances • Installation of water -efficient plumbing fixtures • Installation of tankless water heaters • Installation of light -emitting diode (LED) technology within homes • Use of recycled water (non -potable) for common area landscape irrigation • Use of drought -tolerant plants in landscape design • Installation of water -efficient irrigation systems with smart sensor controls • Installation of photovoltaic (PV) systems Noise Six -Foot Perimeter Wall to Reduce Arterial Roadway Noise A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area (PA II). The six-foot perimeter walls will be located adjacent to PA II in order to protect the proposed onsite residential uses from off -site traffic noise by implementing improvements that diminish noise levels. Perimeter walls will be developed along the southern and western property boundaries as a design requirement of the City. The Noise Study determined that the barriers shall provide a weight of at least four pounds per square foot of face area with no decorative cutouts or line -of -sight openings between shielded areas and the roadways. The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts shall not be made. All gaps (except Coral Mountain Resort Exhibit C 6 March 2022 760 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES for weep holes) should be filled with grout or caulking. Because this requirement was assumed in the Noise Study analysis, and to assure effective mitigation of noise from the project, Mitigation Measure N0I-5 is provided in Section 4.11, Noise, in the Draft EIR to assure the proper construction of perimeter walls. This project Development Agreement will ensure that the project design features and mitigation will be enforceable by the City. Public Services The proposed project will be required to comply with existing regulations and standards (identified in Section 4.12, Public Services, of the Draft EIR) to ensure that the project's potential impacts associated with public facilities and services related to fire and police emergency and non -emergency services, as well as impacts to schools, do not result in significant impacts. Typical for residential communities in the City of La Quinta, the project and residential areas shall be gated, thus increasing community security and minimizing potential crimes, and consistent with standard operations of resort communities, the proposed Hotel and Resort Amenities will incorporate private security services to maximize security of the overall project. Additionally, lighting features throughout the project will enhance security and maximize visibility within the project including streets, intersections, and other crosswalks. Transportation It Project Design Features (PDF) are incorporated that encourage the use of alternative transportation measures including pedestrian and bicycle travel. The project will include design elements such as sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and other physical variables that differentiate pedestrian - oriented environments from auto -oriented environments. The project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas interacting with residential and resort uses on -site. Project Design Features for VMT Reduction Transportation demand management (TDM) strategies were evaluated for the purpose of reducing VMT impacts determined to be potentially significant. Quantifying Greenhouse Gas Mitigation Measures, (CAPCOA) 2010 provides guidance for evaluating the potential reduction in VMT expected for individual measures. Coral Mountain Resort Exhibit C 7 March 2022 761 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES The project setting best reflects what CAPCOA refers to as a suburban place type because it is characterized by dispersed, low -density, single -use automobile dependent land use patterns. The maximum reduction expected when combining multiple mitigation strategies for the suburban place type is 10 percent and requires a project to contain a diverse land use mix, workforce housing, and project -specific transit, according to CAPCOA. The project incorporates design features and attributes promoting trip reduction. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. These features are considered after the VMT data is extracted from the traffic model. Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement, and are anticipated to collectively reduce project home -based VMT by approximately 6%. • The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non - auto modes of transport. For example, when residential areas are in the same neighborhood as commercial and resort land uses, a resident does not need to travel outside of the neighborhood to meet his/her recreational and retail needs. The project's mixed -use environment could provide for a potential reduction in project residential VMT of 3% according to CAPCOA guidance. • The project includes improved design elements to enhance walkability and connectivity. Recognized improved street network characteristics within the project include sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian -oriented environments from auto -oriented environments. The project provides a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project minimizes barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas resulting in interaction with residential and resort uses on -site. The project's implementation of this measure is anticipated to result in a potential reduction in project residential VMT of 2% according to CAPCOA guidance. • The project will implement marketing strategies to optimize on -site resort and residential uses. Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies may include: o Resident member benefits that include use of the resort amenities Coral Mountain Resort Exhibit C 8 March 2022 762 EXHIBIT C— DRAFT PROJECT DESIGN FEATURES o Event promotions o Publications The project's implementation of this measure could provide for a potential reduction in project residential VMT of 1% according to CAPCOA guidance. Travel demand modeling of VMT for the project based upon City of La Quinta guidelines indicates a potential impact for residential uses while also indicating the project's non-residential uses do not exceed VMT thresholds. Project design features considered after the modeling process reduce residential VMT from 11.64 VMT / resident to 10.94 VMT per resident, which is less than the City's VMT residential threshold for a significant impact. The unique mixed -use characteristics of the project, combined with walkability and connectivity design elements, optimize on -site interaction and result in a lower VMT than standalone uses. Implementation of the previously stated project PDFs will reduce potential impacts to below the City's established threshold for a significant VMT impact, and therefore, the residential portion of the project would have a less than significant VMT impact. This project Development Agreement will ensure that the mitigation measures and project design features identified in the Draft EIR are enforceable by the City. Coral Mountain Resort Exhibit C 9 March 2022 763 EXHIBIT "D" MITIGATION MONITORING PROGRAM (Attached) [to be inserted] EXHIBIT "D" 764 EXHIBIT "B" CONDITIONS OF APPROVAL (Attached) [to be inserted] EXHIBIT "E" 765 EXHIBIT "F" COMPLIANCE CERTIFICATE (CM Wave Development LLC, DEVELOPMENT AGREEMENT) The undersigned, CM Wave Development LLC, a Delaware limited liability company ("Developer"), pursuant to that certain Development Agreement dated , 2022, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City") by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. 4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT]. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CM Wave Development LLC, a Delaware limited liability company By: Its: By: Its: EXHIBIT "F" 766 EXHIBIT "G" CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only) (Attached) [to be inserted] EXHIBIT "G" 767 EXHIBIT "H" SCHEDULE OF PERFORMANCE (Attached) 91 EXHIBIT "H" CM Wave Development, LLC Performance Schedule — DRAFT — 3/10/2022 Project Component: Planning Area 1 (Corner Neighborhood Commercial): Phase 1 (approx. 8,000 sq. ft.) Phase 2 (approx. 11,000 sq. ft.) Phase 3 (approx. 41,000 sq. ft.) Planning Area 2 (Low -density Residential): Phase 1 (approx. 220 units) Phase 2 (approx. 250 units) Planning Area 3 (Tourist Commercial): Phase 1A (Wave Basin and first phase of hotel, resort residential, and estate lots) Phase 1B (Remaining hotel, resort residential) Planning Area 4 (Open Space): Start Completion* Within 36 months of 3 years after Start Date Vesting Date** By 300th Residential C-of-O 3 years after Start Date By 500th Residential C-of-O 3 years after Start Date Within 3 years of Completion of 7 years after Start Date Wave Basin and Resort Village Residential Units Within 3 years of Completion 7 years after Start Date of Phase 1 IL X Within 3 years of Vesting Date 5 years after Start Date Within 5 years of first C-of-O in 5 years after Start Date Planning Area 3 N/A N/A *Completion defined as 70% of C-of-O's issued, and are the outside deadlines permissible under this Agreement, subject to the terms of this Agreement. However, if Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion as specified above, then such period shall be extended for 3 years. **Vesting Date is defined as the later of (i) the Effective Date of the Development Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines with no legal challenges or petitions having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City. 769 POWER POINTS CITY COUNCIL SPECIAL MEETING SEPTEMBER 21, 2022 Special City Council Meeting September 21, 2022 Iffffxv- Pledge of Allegiance M Special City Council Meeting September 21,, 2022 RECESS IN PROGRESS RECONVENE AT 5:30 P.M. Special City Council Meeting September 21,, 2022 PHI - CONTINUED - Coral Mountain Resort Project U." 0 Background • Council heard this item on June 7, 2022, and continued the hearing to July 5, 2022. • On July 5, the applicant requested a continuance, and Council provided direction on additional information needed from the applicant. • In mid -August, the applicant provided additional information, which was posted to the City's website on August 25, 2022. Background • Project consists of 6 applications: • General Plan Amendment • Zone Change • Specific Plan Amendment - Andalusia SP • Specific Plan - Coral Mountain Resort SP • Tentative Tract Map • Development Agreement General Plan Amendment and Table 1 General Plan/Zoning General Commercial/ Neighborhood Commercial Low Density Residential/ Low Density Residential Open Space Recreation/ Golf Course Open Space Recreation/ Parks & Recreation Tourist Commercial/ Tourist Commercial Zone Change Existing Proposed Specific Plan Amendment • Remove 386 acres from the 929 acre Andalusia Specific Plan • No change to the development potential of Andalusia Specific Plan • Establishes Development Standards and Guidelines for 386 acres • Divides the site into 4 planning areas: : Neighborhood Commercial • PA -II: 496 low density units: single family, clustered units, condos or townhomes • PA -III: Tourist commercial, including hotel, resort residential, wave basin, resort commercial and back of house • PA -IV: Open space including passive and active recreation, trail Tentative Tract Map • Subdivides entire 386 acres — Neighborhood commercial — 26 single family lots — 104 resort residential lots — Lots for hotel, wave basin — Backbone streets Development Agreement A contract between applicant and the City that: • Guarantees the implementation of mitigation measures and conditions of approval • Allows STVRs for all residential units • Establishes mitigation fees to cover costs of providing services to the project • Proposes a development schedule • Assures that Wave machinery would be dismantled if the basin is no onger in use • Adds provisions relating to new information provided by applicant. Environmental Impact Report All impacts can be mitigated to less than significant levels except: • Aesthetics - Impacts to views of Coral Mountain • Greenhouse Gas Emissions • These impacts remain significant and unavoidable. Under CEQA, the City Council must determine whether the benefits of the project outweigh its significant impacts. 11 New Information - Lighting Change to wave basin lighting: 17 80-foot high light poles replaced by — r . I . I I. , 1 it New Information -Turf Reduction • Applicant to fund match for CVWD turf reduction: a. $1.5 million in 3 installments. b. 0.25% fee on the purchase price of each new Coral Mountain home at the close of escrow of each home. The funds could total $6 million at build out, depending on the value of the homes, and replace up to 2 million square feet of turf (2.6 times the annual evaporation). New Information - Water • To further reduce water demand, the east side lake was removed. • Three memoranda were provided regarding evaporation, Colorado River water rights and canal water. New Information • Building height in the Tourist Commercial reduced to 40 feet/3 stories from 45 feet/4 stories. • Additional information on noise provided as it relates to the speakers at the wave basin, reiterating that the City's noise level of 65 dBA CNEL will not be exceeded. New Information -Special Events • Moratorium for 2 years. • Monitoring of noise and traffic during regular operations. • Staff recommends twice -yearly, multiple locations, at applicant's expense, to be added as a Condition to the Specific Plan. New Information Park Fees • Park component of DIF fee and Quimby fees for 104 resort residential units and 26 home lots (Phase 1) to be provided by City to Desert Recreation District for Coral Mountain Park. Surf Foundation • Applicant to establish 0.25% fee on resale of homes. Funds to be distributed to non-profit organizations by foundation. Charitable Use of Wave Basin • Applicant to donate 1,000 hours of surf time per year (donations as auction prizes, surf camp, other). -T•Tl' •f�• -�7 ��i 'i t* • �' � �c C ALIFQRN A -�-- �s . Special City Council Meeting September 21, 2022 4 RECESS IN PROGRESS RECONVENE AT 11:30 P.M. W F i # ( 0 CORAL MOUNTAIN n L ui-,ntal, CAj_ Answering the Challenge La Quinta City Council September 21, 2022 - Project Features and Benefits - John Gamlin ` II - KEY POINTS: - Jim Vaughn & Thomas E. Levy CONTENT I —" I 2 F r 9/21/2022 BUILDING HEIGHT I& LQTURF REDUCTION WB - No Water from Aquifer 4 LIGHT 14 SPECIAL EVENTS *iaf# CORAL MOUNTAIN SURF FOUNDATION Social Impact & Health Programs in LQ and E. Valley NOISE 4!D WAVE ACCESS NPOs/Rec Programs CM PARKS & TRAILS POWER C)A CM park Funded Substation Upgrades 9/21/2022 5 ORAL MOUNTAIN P pr Water CPA I 9/21/2022 w R } sLAVV + T rre- [1TA1F W p {} Iffy pot v" uE6�OFJ1eI�C � 8 • The WSA approved by CVWD accurately describes available water supplies • CVWD'S long-term supply projections fully account for climate change and extended drought periods • The project's water demands, including the Wave Basin, are included in CVWD's planning documents Bottom line: the project's WSA is valid, accurate, and accounts for current conditions CM a y IT C)A M he Colorado River Water Negotiations CVWD and the other stakeholders have been addressing the drying of the Colorado River basin for years CVWD's long-term planning documents assume the worst - case scenario under the 2019 Drought Contingency Plan '''�"�• CVWD's share of any cuts to California's allocations would �` . ti• be approximately 7%, which would amount to a very small *.--� �.. �- portion of CVWD's water supplies e Colorado River Water Negotiations CVWD's share of any cutbacks would be very close to the current assumptions in its long-term plans Colorado River water reductions will not interfere with CVWD's municipal services, including for planned future development 10 9/21/2022 CORAL MOUNTAIN 1tiki , 4 l,`• �I � Land Use 11 Corm Mountain Specific Plan PROPOSED ZONING IVA OPI!M '241JHTfJY KE �9R' 4a4CF1' asVl I Y oP4C�:�EO::Enfd}a ft—LAND,&E cm 9/21/2022 CITY OF LA CCU I fTA Examples of C-T zoned areas in neighborhood context OFFICIAL ZONING MAP 13 L_ Hidden' FriLa Paz Ki + LEGACY Cyn 7- VILLAS E Y t'ti - La Quinta • - t Country Club an s .fi LQ OIL RESO RT " Santa Rosa L .�. The Duna La Cove { Haciendas Quanta 71, r Embassy Suites LQ Cove LA QUINTA RESORT/LEGACY VILLAS C-T ZONE: 65 AC.145AC. 14 City of La Quanta zflnwq m4p -. Nw, CORAL f MOUNTAIN! r r t I CORAL MOUNTAIN C-T ZONE: 114.5 AC. C)A 9/21/2022 15 F! oca a• raw_ �ucxr i t7_ -r— UHE OF DOW SECIIOM AML MSA CQN5IJLTiHG INC. WAVE BASIN i LIGHT SECTION "C": VIEW FROM ANDALUSIA ENTRY BEFORE 16 9/21/2022 r.:-_-_--._-_-_._-_--._------.-I 1 I r I I___ ----- ._______ __ .......... ...._._.___.___.._..__ —IF -- ._. ------____-_.-_.__---.____J oRud raw y+i�w, uoxr i I-P Q fARCrLl DIY" MSA COHSULTINU_ Im. WAVE BA&IN I LIGHT SECT30N "C': VIEW FROM ANDALUSIA ENTRY RE%RSE qw C*A 17 CPA 18 Ambient Lighting in Local Area -WWI Madison & Andalusia Entry Ambient Lighting in Local Area 20 9/21/2022 CORAL MOUNTAIN 21 A NFJ, I. 22 v Noise -AFAE�A CPA 9/21/2022 23 CORAL MOUNTAIN W.r J + .N �, • f - ��� r1 is � ti _ - h fraffic C/A 24 12 9/21/2022 "4_133 Level of Significance After Mitigation With the implementation of the Mitigation Measures described above, and the imposition of conditions of approval, impacts will be reduced to less than significant levels. Implementation of the project will result in reduced CitywidL, VMT for service population and will not increase VMT at the regional level." Final EIR Conclusion —All Transportation Impacts are fully mitigated. Source: Coral Mountain Resort DEIR Chapter 4.13 Transportation 25 P17 13 9/21/2022 Coral Mountain Resort: STVR Complaint Ratios by Area 5a. La Quints JPGA West 354 Im 281 a_74. 11.5 iNe Cove 252 4,711 288 1.l4 5.3.0 SiVR Ewe mpt Am" 911 !�2 4.15 35�20 Sq--v:D—cu-p.�KdF— City aFlaQuinfp-MRP•vFc*g4g6 w03yCQ-61bfr-tvStARWRLM 27 N-I 14 onclusion _j j WRITTEN PUBLIC COMMENT CITY COUNCIL SPECIAL MEETING -IN OPPO ITION- SEPTEMBER 21, 2022 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Carel Adler <carel.adler@icloud.com> Sent: Tuesday, September 20, 2022 7:52 PM To: City Clerk Mail Subject: Coral Water Park Attachments: La Quinta Water Park.docx ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** I would like to speak at the Council Meeting tomorrow night Wednesday September 21, 2022 Sent from my iPad CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION The Sustainable Groundwater Management Act (SGMA) was enacted to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. SGMA requires local agencies adopt sustainability plans for high- and medium -priority groundwater basins. The Coachella Valley Groundwater Basin has been given a Medium prioritization according the CA Dept of Water Resources [ SGMA Basin Prioritization Dashboard (ca.gov) ]. The Coachella Valley's annual average of 3 inches of rain along with snowmelt from surrounding mountains is not nearly enough to naturally replenish what is pumped from the local groundwater basin to meet water demands. Coachella Valley Water District (CVWD) and Desert Water Agency (DWA) jointly operate two groundwater replenishment facilities, and CVWD operates two additional groundwater replenishment facilities. Artificial replenishment, or recharge, is one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic and commercial water consumers. CVWD and DWA's groundwater replenishment programs have percolated billions of gallons of water into the aquifer. This has been possible due to a supply of imported water from the State Water Project and the Colorado River, as well as long-term water rights to stream flows in the Whitewater River and its tributaries. We can no longer rely on those water replenishment sources. Today, the state is in a severe drought with limited water supplies from sources outside our valley to continue to sustain our aquifer via the CVWD and DWA's groundwater replenishment programs. Farmers are fallowing their fields up and down our state because they do not have the necessary water from the Colorado River and the aquifers to produce crops. This directly impacts all of us. CVWD collets wastewater from homes and businesses via the sewer system and treats it to state and federal standards for irrigation of golf courses and landscaping. The drought is so severe, that the State is currently working on direct potable reuse (DPR) regulations. These new draft regulations are expected to be available CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION for public comment in late 2023. DPR is the use of wastewater as a source for drinking water by the introduction of recycled wastewater directly into a public water system or into a raw water supply immediately upstream of (prior to) a drinking water treatment plant. Development of direct potable reuse regulations in California - The Source (thesourcemagazine.org) Ladies and Gentlemen, with the severe drought, the Governor's drought emergency regulations, and the direct reuse of treated sewer water as make up water for our potable water supply, how can you in good conscious approve a water park? Please Vote "No". CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 CITY OF LA QUINTA REQUEST TO SPEAK FORM MEETING DATE: Zz- Please give this completed rm t the City Clerk along with any materials you wish Councilmembers to receive. This form is to assure accuracy in preparing the minutes as to spelling of names and addresses, as well as to allow staff to follow-up on requests made by members of the public. Completion of this form is voluntary. Once submitted to the City Clerk, this form becomes a public record. 0 Matters LISTED on the Agenda Agenda Item No.: Subject: Support �(oppose q Matters NOT Listed on the Agenda Subject: The Council welcomes your comments, but is prohibited by State law from discussing matters not listed on the published agenda; your input will be taken under consideration and referred to staff for possible future action. MEETING PROTOCOL: PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES THE MAYOR WILL CALL YOU TO THE PODIUM AT THE APPROPRIATE TIME DURING THE MEETING PLEASE DIRECT YOUR COMMENTS TO THE MAYOR ONLY (not Councilmembers or staff or audience) I do not wish to speak but leave these comments for the Council to consider: may.-�e.� �• � 4r-a.l �'y Lam, 1 Speaker Identification: Name, e_� // Address _L q 7 Dv Ct-- VQ-- Orga nization/Business Phone `�� ���- L( e-mail U�cs ,.,--4, / Ca_, L JL-3 U YES, I wish to subscribe to the City's "Quail Mail" service to receive emails about meetings & events. Visit the City's website for more information: www.LaQuintaCA.aov CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Monet Allard -Wilcox <mallardwilcox@gmail.com> Sent: Tuesday, September 20, 2022 11:08 AM To: City Clerk Mail Subject: Written Comments ** 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. ** Monet Allard -Wilcox La Quinta California Comments on the Proposed Water Park As a resident of La Quinta Cove and a life long Californian, I have to say that this is the most idiotic proposal I have ever heard. We are going into yet another year of La Nina weather pattern, the third in a row. We as a state are in the greatest water crisis in our lifetime, and a wave park is proposed in the desert???!!! WTH????!!! Are you kidding me???? Do you have any idea how this looks? How environmentally out of touch this is? Water from the Colorado River supplements our aquifers. Are you aware that they have a history of causing sinking and foundation cracking due to falling water levels? Have you looked at the water levels lately of the Colorado???!!! Do you think the governor will ignore this when making decisions on who gets the water from the Colorado in the future? Have you heard about water restrictions? Do you understand how much farmland is already lost in California due to lack of water? Are you aware of the sinking in central California due to water being pumped out of the ground? This is not just a local issue. Water is a statewide concern. To create such an elitist out of touch recreational area is madness at its best, rampant greed at its worst. This desert is beautiful. If someone really needs to ride a wave, go to the beach. It's pretty simple. We already have the traffic from Coachella and Stage Coach. We already have the stress on infrastructure that those events bring. Now you want to ADD to that? How can you allow this to happen to those of us who moved here for the natural beauty? We LIVE here. Now. For a reason. Please.... think about the quality of life impact this will have on us. We matter in this equation. i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: robert arroyo <arroyobob@icloud.com> Sent: Wednesday, September 21, 2022 10:54 AM To: City Clerk Mail Subject: Written Comments: Robert Arroyo, La Quinta, Coral Mountain Resort EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Ms. Monika Radeva, La Quinta City Clerk: Thank you for allowing me to submit a written comment for the La Quinta City Council public record [packet] for the September 21, 2022 City Council meeting regarding the Coral Mountain Resort Development. I would appreciate a confirmation of receipt of this email. Sincerely, Robert Arroyo Coral Mountain Estates 57712 Salida del Sol La Quinta, CA 92253 arroyobob@icloud.com Dear Mayor, City of La Quinta Council Members and City Manager: I empathize with the La Quinta City Council regarding the upcoming vote for the approval or disapproval of the Coral Mountain Resort. Please know that most everyone understands that the Council is in a difficult situation, especially with the strong feelings that have been expressed regarding this development. These are my opinions for why this must be rejected: A. The quality of life for nearby full-time residents/voters would be harmed: 1) 1 live across 58th from the planned Coral Mountain Resort. For more than nine years, this has been my only home, where I have chosen to retire and live full time. I have no other residence and spend virtually all my time here. Like most homeowners living nearby, I have counted on the City of La Quinta to enforce the approved 2035 La Quinta General Plan. By changing the zoning to tourist commercial, there will be an increase in noise, traffic, air and light pollution, as well as the natural environment being disturbed and hurt. I moved here because of the quiet and natural beauty of the desert, which was guaranteed by our zoning through the General Plan. 2) The new Coral Mountain Resort amendments offer to lower light pole height to 40 feet and to limit the height of buildings to three stories. They have also offered to postpone special events for two years to study the effects of the Resort on the neighborhoods. The offered 40-foot tall poles and now three story buildings are still higher than any structure in this immediate residential area. They reduced the height of the lights but have increased the number of light poles by three times (54 vs original 18), creating a more concentrated light -polluting glow in our night sky. Events could eventually be held after two years, but even if events are eliminated, there will always be a low-level roar from wave - making equipment and constant announcements and warning sounds. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. p1c�- CORAL MOUNTAIN RESORT PROJECT ��ie Eo C6s�alMto Edonae WOPTiSIT{RN p p a nua ours for charitable use is a seemingly nice gesture, but really does nothing for the residents, and is minuscule when compared to effects of the Resort on those nearby. A ballpark calculation of the negative effects on nearby neighbors comparison shows: 3,000 neighbors, times 15 hours per day of noise and traffic, times 365 days per year equals 16,425,000 annual hours effecting those living nearby. Also, this is still a private club that only benefits the guests, residents and the privileged 150 surfing memberships from the development. The real cost of reduced quality of life is imposed on others, especially on me and my nearby neighbors. B. The project is universally seen as a conspicuous waste of desert water: 1) Coral Mountain Resort claims that they will use less water than a golf course on the property. But on an ongoing, accelerating basis, all golf courses are necessarily cutting water use, and in the U.S. [and in drought -stricken Australia] golf courses have successfully demonstrated that they can replace most grass with rocks, or close and find other uses for the golf property, as some have already done locally. 2) My research indicates that if a city or county has signed off on a new project based on CVWD data, then CVWD must provide the water, if available. Seems like a Catch-22. If CVWD presents outdated data in their studies that there is enough water and planning commissions accept their data and approve a project, then CVWD has to supply whatever water is now available, even if that water will soon no longer be available, as is likely with Coral Mountain Resort. Considering that CVWD is in the top five of the biggest users of residential water in the State of California, does CVWD really try to reduce water usage? It is a business with a pro -developer bias and a revenue incentive. Despite our climate and drought crises, it will always encourage wrong water use such as a Wave Basin, regardless of how it will hurt residents with more rate increases and more restrictions. 3) The Colorado River Water Compact will be renegotiated before this project will be completed and there is much uncertainty about water allotments. Several IID Board members, with great influence in how Colorado River water is used, have said that water for Lake Mead and the Salton Sea is much more important. Upstream water users now plan to send less water downstream, and tribes lobbying for more of their fair share of river water won't give up their water for Coral Mountain Resort. Approval would further the perception that we have enough water and that we could even reduce how much we are receiving. 4) Coral Mountain Resort offers to offset their water use with additional funding to CVWD for turf removal rebates. In our climate and drought with forced water -use reductions, turf is being rethought and turf removal is being done and will continue to be done, with or without funding from Coral Mountain Resort. 5) Coral Mountain Resort will use wells to draw water from our aquifer. This is not adequately metered or paid for, and CVWD must use Colorado River water, which obviously is becoming much less available, to replenish the water taken from our aquifer and to make drinking water. 6) A very realistic financial analysis has shown that this has a high probability of failure. The Developer has said that if it fails, the concrete basin could be used as a water feature by them or another developer, instead of a surf basin. But this Developer could be long gone, and finding another developer for a water feature would be impossible without water. No one can doubt that we will get less river water, and that makes using the concrete basin for a water feature unrealistic, so this Developer should be required to post a bond for removal of the huge concrete basin. C. Overall public perception on the approval process: 1) 1 was dismayed at the open public deliberation process (and video on the City site will verify what I saw and heard). At the City of La Quinta Planning Commission meetings some Commissioners were seen to behave in a biased manner for approval of the development prior to any vote, regardless of all facts presented, rather than in a fact evaluation, non- committal, non -judgmental manner. They were seen and heard to say how beautiful the project was and how exciting it would be to have in La Quinta. At least one Commissioner admitted that because the Developer and consultants were personally known to them and lived in the area, they must be trusted for their facts, not because their analysis and N CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT conclusionsWer1e more acltu9 an ccreAl e. The La Quinta Planning Consultant also made several comments and actions that can only have been perceived by the public as being in a pro -biased manner, not a neutral, objective manner. Some Commissioners appeared to preapprove the project before all the facts were heard and before it came to a vote. 2) A City Councilor and a Planning Commissioner noted that there had been opposition to other developments that were approved and those were finally accepted by La Quinta citizens once built. My research shows that none of those projects were opposed by so many citizens, so vociferously and with so many good reasons to not approve. The City Council and Planning Commission should instead listen to more than two thousand of its citizens who have already expressed strong disapproval for this project. 3) Another Planning Commissioner voiced that if the studies were done by CVWD, then they must be correct. This is despite the fact that CVWD was using older, no longer valid data, that was disproved by valid current data presented by others, and by the abundance of drought -related, science -based reports and studies. Another Planning Commissioner, upon voting for approval of the project, stated [paraphrasing] that if the City does not approve this project then the City should just hang a sign at the borders saying no development welcome or allowed. 4) A La Quinta City Councilor verbalized [paraphrasing] discomfort for the City Council to tell a property owner what to do with their property. Astounding, particularly when the City is always telling their residents what to do or not to do with their properties. Planning Commissions and Planning Departments can dictate architecture, color schemes, landscaping, etc. and City General Plans are approved and zoning laws are enacted to tell property owners and citizens what to do. 5) Also, at one of the early City Hall meetings, I sat in front of the Developer's Investors and employees where I heard them remarking that they could not understand why locals did not want this development in La Quinta. I also talked to some of the Developer's representatives during the light demonstration and they too were incredulous and dismissive about the citizens of La Quinta not wanting the Resort. This is hubris, insensitive to the local population, and dismissive of the very real needs of the surrounding neighborhoods and the City of La Quinta. It is quite obvious that the Developer wants to build Coral Mountain Resort and will do anything to make that happen, including making misleading concessions. Finally, because of the existing zoning and approved 2035 La Quinta General Plan, the City Council should tell Coral Mountain Resort that they will not allow a tourist commercial zone for the project, and because of the current and future climate and water crises, it is not in the best interest of the City of La Quinta to allow the Wave Basin. Also, many of us moved here because we trusted that the General Plan and zoning laws here would be enforced. Without a doubt, all eyes are on the La Quinta City Council, as evidenced by the reporting in major world media regarding Coral Mountain Resort. Please reject this development, making us proud of our elected City Officials and of our City of La Quinta "Gem of The Desert." Thank you, Robert Arroyo Coral Mountain Estates 57712 Salida del Sol La Quinta, CA 92253 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Sally Arroyo <arroyosally@icloud.com> Sent: Wednesday, September 21, 2022 11:34 AM To: City Clerk Mail Subject: Written Comments: Sally R. Arroyo, La Quinta, Coral Mountain Resort EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Ms. Monika Radeva, La Quinta City Clerk: Thank you for allowing me to submit a written comment for the La Quinta City Council public record [packet] for the September 21, 2022 City Council meeting regarding the Coral Mountain Resort Development. I would appreciate a confirmation of receipt of this email. Sincerely, Sally R. Arroyo Coral Mountain Estates 57712 Salida del Sol La Quinta, CA 92253 arroyosally@icloud.com Dear Mayor, La Quinta City Council and City Manager: As a full-time resident of La Quinta I have lived across 58th from the proposed Coral Mountain Resort development area for more than nine years. Having lived all over the country in urban and rural areas I chose to retire and live in my area of La Quinta primarily because of the natural beauty, unusually low level of noise pollution and night light, and the quality of life. I have no other residence and spend my time at my home and in La Quinta and the Coachella Valley. I also live in a development that has no golf course, club house, restaurant, etc. because for me the "hook" or reason to live in [or visit] my area of La Quinta is the beauty of the desert, desert mountains and the sounds of the desert wildlife as well as the quiet and dark skies. Although I do have opinions, I am not affiliated with any group for or against the proposed Coral Mountain Resort. I have sent letters to be included in packets (but don't know if they were ever read) and have also attended [in person] many of the City of La Quinta Planning Commission and City Council meetings regarding the Resort. I have read and studied all the information (DEIRs, EIRs, studies, news reports, arguments for and against, etc.), as well as other factual and scientific information regarding our current environmental and economic crises. I empathize with the La Quinta City Council and the task at hand regarding the approval or disapproval of the Coral Mountain Resort. There is no easy answer and no answer that will keep everyone happy but there is an answer and only one answer to the dilemma that the La Quinta City Council faces. That answer, as tough as it may be, is to save the very essence of the City of La Quinta and its quality of life and deny the project with the zoning changes for tourist commercial and the waste of water for the Wave Basin. Please let me explain and my apologies if some of this has been written or said before. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1cc��- CORAL MOUNTAIN RESORT PROJECT WA E1NaWrMMgie m�sltNmpoPta�l Issue in this debate. We live in a time and in a land of permanent drought and it is only becoming worse. Every day there is more dire news about Western aridification resulting in much less water. Governor Newsom has called for more water storage. Our California Secretary for Natural Resources, Wade Crowfoot, requested that the Coachella Valley rethink their water resort/park projects when he visited our valley early 2022. Several IID Board members, with great influence in how Colorado River water is used, have already said that water for Lake Mead and the Salton Sea is much more important. Upstream water users now plan to send less water downstream and tribes are lobbying for their rightful share of river water. Our aquifer may stretch 65 miles from Whitewater to the Salton Sea, but the water supply is not unlimited, nor now is it able to renew itself without help. — CVWD relies on four sources of water for their customers: groundwater, recycled water, imported water from the State Water Project and the Colorado River via the Coachella Canal. CVWD paints a rosy picture of our water supplies and our aquifer, but this is not reality. If CVWD's portion of imported water is significantly reduced, there will be no water for replenishment of the aquifer. Overpumping causes an aquifer to sink and once an acquifer starts to sink it loses its capacity to store water. It cannot be denied that historically water levels have been falling in our aquifer and well depths are increasing. CVWD used older data not current data relevant to our increasing drought for the DEIR and EIR. And, CVWD has been cited by the State of California as Number Three of California's top five biggest residential water users. The Number One (Myoma Dunes Water District) and Number Five (Desert Water Agency) are also in the Coachella Valley and using the aquifer. CVWD has also been severely criticized for agreeing to supply water for the Wave Basin and other water/lagoon projects in the Coachella Valley. The residents of La Quinta (and the Coachella Valley) will have to pay the consequences for CVWD's wrong decisions with more restrictions, higher rates and less water. — It is not only about how much water we use, but how we use water. We have all cut water wastefulness and all have cut back on water uses. Many of us, to include golf courses and parks, have implemented turf replacement and desert landscaping. Coral Mountain Resort claims that they will be using less water than the golf course originally approved, but the Wave Basin will need to maintain a consistently enormous amount of water on a daily basis for it to run properly as an effective surfing facility. On the other hand, golf courses and other parks, on an ongoing basis, are cutting back on major water use by redesigning courses and parks with more efficient desert landscaping and other innovative ideas. In addition to conserving water for more important functions, going natural also helps to create a more compatible land use for local wildlife. Can any this be said about the Wave Basin? — Despite the assertion of the reduction in size of the Wave Basin, Coral Mountain Resort claims to have reduced the amount of water it will need and that two wells will help keep water supplied. Again, the Wave Basin will continue to need vast consistent amounts of water to run effectively for surfing and to replenish evaporated water. This will still amount to millions of gallons of water. I understand the concept of owning what is underneath one's property but there are no boundaries or containment walls in the aquifer delineating the water under one's property. This is true for any [water] well anywhere regardless of whether it is for agriculture, a lagoon, a swimming pool, for drinking, washing, toilets, etc. How will the City of La Quinta and CVWD explain more mandatory water cuts when an entity within the City will be using more than their fair share of water from the aquifer? — I recognize that these arguments would apply to all the proposed and approved surf and water parks in the Coachella Valley. At the rate of water loss and the sinking of our aquifer, desert cities, including La Quinta, will have to make trade- offs in their future development plans because, with the current climate crisis and drought, development will not be sustainable. It stands to reason that if one development is using much more water than everyone else, then other new developments will have to curtail their water usage or, perhaps, not be allowed to build. Concessions to growth will have to be made. LIGHT: Coral Mountain Resort has proposed to lower their light poles to 40 feet instead of the intended 80 feet and to move them in closer to the Wave Basin. With this they claim that no portion of the lighting will be visible over their perimeter walls. Does this mean that the perimeter walls will be 40 feet tall? Forty foot poles are still taller than any structure in the surrounding area. They also have moved the lighting in closer to the Wave Basin area but have increased N CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT e o it ginalCPiOum�eEroT�ikb-9oot9iiApo�es to now 54 40-foot light poles. This is three times as many light poles. Even with a lower wattage and two fixtures per pole this will create a more concentrated constant glow at night until closing. The beautiful nighttime dark skies that the City of La Quinta boasts about will be lost and this will also have a severe effect on our native wildlife. It is also disheartening to think the Developer would feel that we, including the City Council, are gullible to believe their claim [made on local news] that lowering the lights eliminates glow. He admitted that glows result from the lighting of particulates, but the Developer would like us to believe that the particulates will stay magically low in our desert heat and with our desert winds. This is just one of many examples of the Developer's many misleading claims and amendments. TURF REDUCTION PROGRAM: Currently, many have or are already reverting to turf reduction and desert landscaping, including golf courses and parks, with or without CVWD's turf reduction program. Most new developments within the City are very aware of water waste and are landscaping accordingly and older developments are redesigning their turf areas. For the Developer to offer funds for turf reduction is meaningless because turf reduction and desert landscaping will continue to happen with or without Coral Mountain Resort funding. So while this may look like a good deal and very altruistic on the part of Coral Mountain Resort, in fact it strikes me as very similar to the carbon offset credits that large polluters use to offset their own pollution and still maintain "business as usual" while the local citizenry shoulders the burden and are made to suffer. ELIMINATION OF ORNAMENTAL LAKE: Again it may seem that by having this amendment that the Developer and Investors are attempting to show good faith by removing it from the plans when in fact this amendment rings very hollow and strikes me as nothing more than a insincere form of placation. This lake should never have been in the plans, particularly since the Developer and Investors knew full well of the water crisis we are in. CHARITABLE HOURS AND SURF FOUNDATION: In a Planning Commission meeting, one Commissioner confirmed that this was a private development and a private club, and none of the health benefits that the Developer was pitching were going to be available to anyone other than those within the development. Even the surfing memberships were going to be for those within the development and were to be limited to 150. The Developer agreed that it had no healthy -living benefit for the residents of La Quinta other than for those who lived in the development. The Developer and Investors have now proposed an allocation of 1,000 person hours of time for the charitable use of the Wave Basin. A proposition riddled with a lot of "ors" written into the text. "Or" means perhaps we will do this or maybe we won't. Sounds nice, but one thousand hours annually to be given away is nothing compared to the millions of hours of negative impacts created by the Resort that the surrounding neighbors will be forced to deal with. There are far more people in the surrounding area than there will ever be at the Coral Mountain Resort. Think 15 hours a day for 365 days a year for one person living in the surrounding area which equals to 5,475 hours, then multiply that by at least 3,000 residents in the nearby affected area. Also in their amendments the Coral Mountain Resort and Developer have now presented a plan to create a Coral Mountain Surf Foundation. The Foundation would be created from transfer fees on all resales equal to one -quarter of one percent of the total sales price to be distributed by the newly created nonprofit. One -quarter of one percent is very low and when will these resales happen? It could be years before any resales occur in the development. I live in an adjacent development that has promoted healthy living without surf parks, spas, golf courses, etc. because the development is in La Quinta and the Coachella Valley which has trails, parks, tennis, etc. for all to use. It took many years for our first resale. And think how ironic it is that they are promoting clean water initiatives for underserved and rural neighborhoods in the East Valley and La Quinta for the new Foundation. Ironic that some of our Coachella Valley residents do not have access to any water while water will be used for a Wave Basin. Our governing bodies should be 9 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT kRng care C6Pourr relsT nitls a id g� ranit�eing the basic necessities of life not catering to the whims of developers and investors who are only interested in making money. SPECIAL EVENTS, NOISE AND TRAFFIC: The Resort has amended their special events calendar to prohibit special events for two years to allow for studies of noise and traffic. No studies are needed regarding noise as I can tell you about the noise and traffic nearby. I live in the interior of my development and am surrounded by other developments around 58th and Madison Street. I am not on 58th or Madison and, despite my location, I can hear the megaphones/bullhorns from Iron Man Competitions at Lake Cahuilla, music from the Coachella/Stagecoach Festivals, sirens from Fire Station 70 at the corner of Madison Street and Avenue 54, target practice at the range near Lake Cahuilla, the low hum of electrical equipment on 58th as well as the usual traffic noise from autos, trucks, motorcycles, etc. So imagine what one would hear from being across the street? Events could be eliminated but there will always be the sound from constant announcements and warning signals as well as the low level mechanical sound from the wave -making equipment. THE PROCESS: Having never been involved or having seen the process for development approvals before, I was quite interested in seeing my local government in action. After attending all the meetings for this project, I came away with a sense that something was not right and that the development was already preapproved with all of the meetings for show. Sounds harsh but what would you think if you heard Commissioners gushing over the project saying how nice it would be to have it in La Quinta. Aren't they supposed to be noncommittal until the vote?; or if you heard a Planning Commissioner say that because they personally knew the Developer and that because the Developer lived in the area that they must be trusted to have correct facts, contrary to the evidence supplied by others; or if you heard a Commissioner say if the studies were done by CVWD then they must be correct when it was shown that CVWD was using dated material; or if you heard a City Councilor feel uncomfortable for the Council to tell a property owner what to do with their property (Isn't that what government does?); or if you heard a Planning Commissioner say that if the City does not approve this project then the City should just hang a sign at the borders saying no development welcome or allowed. How does this feel to you? A day doesn't go by that something isn't reported or written about climate change and drought. I truly hope, despite what I heard at all the meetings, that the knowledgeable La Quinta City Council will have the foresight and wisdom to buck the trends and to do the right thing by denying the project. Agreeing to what the Developer and Investors want, while so many La Quinta citizens are fighting against this with good reasons, is not what our City of La Quinta is about. Thank you for your time. Sally R. Arroyo Coral Mountain Estates 57712 Salida del Sol La Quinta, CA 92253 4 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Consulting Planner Sent: Sunday, September 18, 2022 10:02 AM To: Fritz Bachli; Linda Evans; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Robert Radi Cc: Monika Radeva; City Clerk Mail Subject: Re: Surf Park (Continuation / Completion of previously submitted Message) Follow Up Flag: Follow up Flag Status: Flagged Mr. Bachli, Thank you for your additional comments. They will be provided to the City Council for their meeting of September 21st. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Fritz Bachli <fritzebachli@gmail.com> Sent: Sunday, September 18, 2022 9:51 AM To: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Linda Evans <Levans@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov> Subject: Surf Park (Continuation / Completion of previously submitted Message) 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. Ladies and Gentlemen of the City Leadership, An overwhelming number of citizens and professionals in the field have spoken against the project based on the information provided by the City. The CORAL MOUNTAIN REPORT, DRAFT EIR and Final EIR. The City has indicated that the land has to be rezoned to make it fit at the proposed location. This is not the first time that the City Hall changed conditions to a builder with negative impact to the surrounding community (Abolishing Age Limitations, etc.) . The many Mitigations and Development Amendments alone are proof of the large number of problems which have potentially to be dealt with to meet the standards as set forth for this Wave Park project. It is an indicator and proof that the City has concerns about the construction project. As a reminder, Biomass started small but slowly expanded its operation. So did the problems grow simultaneously! The air quality, the traffic, made it a hell of a situation and finally a group of citizens made it possible, with a relentless effort, to get the fertilizer plant closed - for good. You however know now, before the vote, what issues Coral Mountain will bring to the area: Excessive and unnecessary water usage, increase of Greenhouse Gas Emission, light reflection over the surf lagoon visible for miles in the dark of the night, up to 600 STVRS and all of this in one place with no worry about residents living right next door including a Senior Citizen Community with 1238 homes. A residential / commercial area creating an expected environmental overload impacting the current quality of life of human beings during 365 days a year from 7 AM - to 10 PM, or longer. A Wave Park belongs to a commercial area with direct access to visitors from all CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT over e woCF��y caN alrIUuQesPPtSI�e iiUential areas must be protected from commercial intrusion with its disturbances! Take an example I am personally familiar with: Alaiabay in Switzerland. Wave Parks, Sports Centers out of the City Centers into commercial areas - separated from Residential zoned districts. (Refer to attached picture) I admit that I am troubled and have very limited confidence that La Quinta can oversee the ten year construction project and the operation itself ? To allow this particular commercial operation to run in a residential area from 7 AM - 10 PM, 365 days is indeed an offensive suggestion. The builder's excuse for putting the project at Coral Mountain - "we have no other place where we can successfully operate this undertaking" - shows that the builder is prepared to ignore laws to get what he wants today and ready to overstep boundaries in the future. You must be honest and direct and declare that this project will bring enormous short and long term problems to the residents and the City Leadership in general. This is my opinion as I reflect on the many meetings speeches and reading all the mail of the majority of residents who expressed their opinion which is a big: NO - FOR THE SURF PARK! Respectfully submitted by: Fritz E. Bachli Prof. of Economics and Environmental Science with a 15 years residency at Trilogy. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Consulting Planner Sent: Sunday, September 18, 2022 9:21 AM To: Fritz Bachli; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez Cc: Monika Radeva Subject: Re: Surf Park La Quinta Follow Up Flag: Follow up Flag Status: Flagged Mr. Bachli, Thank you for your comments. We will provide them to the City Council for their meeting on the 21st. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Fritz Bachli <fritzebachli@gmail.com> Sent: Saturday, September 17, 2022 9:15 AM To: Consulting Planner <ConsultingPlanner@laquintaca.gov>; Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Subject: Surf Park La Quinta 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. Ladies and Gentlemen of the City Leadership, An overwhelming number of citizens and professionals in the field have spoken against the project based on the information by the City. The CORAL MOUNTAIN REPORT, DRAFT EIR and Final EIR. The City has said that the land has to be rezoned to make it fit at the existing location. This is not the first time that the City Hall changed conditions to a builder with negative impact to the surrounding community. The many mitigations and Development Amendments alone are proof of the large number of problems which have potentially to be dealt with to meet the standards as set forth for this project. It is an indicator and proof that the City has concerns about the construction project . As a reminder, Biomass started small but slowly expanded its operation. So did the problems grow simultaneously! The air quality, the traffic, the stench of raw materials constantly added made it a hell of a situation and finally a group of citizens made it possible with a relentless effort to get the fertilizer plant closed for good. You however know now, before the vote, what issues Coral Mountain will bring to the area: Excessive water usage, excessive Greenhouse CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Sendy Barrows <sendyfole@gmail.com> Sent: Wednesday, September 21, 2022 1:22 PM To: City Clerk Mail; Linda Evans; Kathleen Fitzpatrick; John Pena; Robert Radi; Steve Sanchez; Jon McMillen; vconsultingplanner@laquintaca.gov Cc: Colin Barrows Q; Tracy Bartlett; sbarrows@cofem.org Subject: 09/21/2022 Reconvene City Council Special Meeting Attachments: Coral Mountain Letter-1.pdf EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Good afternoon La Quinta Mayor, City Council Members and Staff, Attached please find our written comments regarding the proposed Coral Mountain Surf Park. Thank you for the continued opportunity to provide public comments regarding this project. It is our hope, that the decision made today will benefit our community members and help the City of La Quinta be a model of climate resilience others can follow. Sincerely your neighbors, Tracy, Colin and Sendy CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION 09/20/2022 La Quinta City Council and Staff 78495 Calle Tampico La Quanta, California 92253 via Cit4C1erkMai1oLaQuintaCA,g-ov, levans(@Iaauintaca.aov,• kfitzpatrickna laauintaca.aov, Ipena0laquintaca.aov,• rradi(@laquintaca.go ssanchez(@Iaquintaca.aov, imcmillenj2laquintaca. go consultingplannere laquintaca.aov Regarding: 09/21/2022 Reconvene City Council Special Meeting Hello City of La Quinta Mayor, Council Members and Staff, It must be fate, or luck, or cosmic coincidence that developers have chosen Coral Mountain as the site of their proposal for a surf resort in the California desert.. The mountain, and the striking ring of coral -like tufa around it, tell a story of thousands of years of Colorado River water flooding into the Coachella Valley, transforming one of the driest places on Earth into an oasis. Now, miles of steel, concrete, and engineering tricks are attempting to duplicate this natural wonder. We understand the allure of letting imaginations run wild with the possibilities near -limitless water could provide, and in that context it's not too surprising to hear fantastical ideas like acres of golf course turf, ski lakes, and surf pools in the desert. Indeed, many in our community have been trying their hardest to make these fantasies a reality over the last 5.0 years of development in the Coachella Valley.. But somewhere along the way, we forgot to read up to the end of the Coral Mountain story. The chapter where the waters receded, the oasis dried up, and the desert reclaimed the landscape.. It's a story that has repeated many times over thousands of years as rivers shifted course and the climate changed, with the same inescapable ending - an enigmatic land of extreme heat and little rain where only the hardiest plants, cleverest wildlife, and resilient people are able to survive. History repeats itself, and now in 2022 we've arrived at the inevitable turning point of the story. As the climate crisis rapidly remakes the reality of water for the more than 40 million people that depend on the Colorado River Basin for drinking water, growing food, and basic human health, it's no longer a question of ifwe have enough water, but howwe're going to survive with less. As we've listened to our own La Quinta planning commission, city council, and community members confront (or, sometimes, attempt to ignore) our new normal, we'd like to suggest an CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION alternative way to deal with the challenges we face. Asking "why us?" and engaging in the same tired cycle of finger pointing and inaction has brought us to this point with little to show for it. According to research by the University of California, Riverside, "climate change will decimate Palm Springs, Coachella Valley tourism:" and the wellbeing of our community if we continue business as usual. Instead, we should view this as an opportunity to establish La Quinta as a Resilient City, where people can come be proud to live and play in a community that is working together and offering real solutions to the ever-increasing environmental challenges we face.. We should be known as a community of leaders, not the butt of jokes for late night comedians. Find creative ways to offset carbon emissions in our community while we transition to an all -electric future. Invest in trails, bikeways, and accessible walkways that are open to all and not locked behind private resort gates. Grow native plant landscapes in parks and city properties that are havens for hummingbirds, butterflies, and other pollinators. Invite the participation of the community early and often in the planning process, instead of limiting public comments. Above all, say no to surf parks and wasteful water projects no one asked for. Every step in the wrong direction we take today means two steps we are forcing our children and grandchildren to undo, https�//news.ucr.edu/articles/2020/09/07/climate-change-will-decimate-palm- springs-coachella-valley-t purism#,-,text=APA20newK20UC)/ 20RiversidePA20stud�.SpringsY�20area��27sK20dominantK20industr KWKEMO K94K20tourism. &text= HoweverK2CK20dueK20tc)K20climateK20change,theK20end1A20of1,4 20theK20century CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Sincerely, Signatories: jf� CactusToCloud it f Institute CONSEJO DE FEDERACIONES C'm;FEMMEXICANASs Colin Barrows, CactusTDCIDud Board Member and La Quanta Resident Sendy Hernandez Orellana Barrows, Conservation Program Manager, Consejo de Federaciones Mexicanas en Norte America (COFEM) 30x30 Co -Lead Inland Desert Working Group CactusTDCIDud Board Member and La Quanta Resident Tracy Bartlett, CactusTDCIDud Board Member and La Quanta Resident CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Venessa Becerra <vbecerra30@gmail.com> Sent: Wednesday, September 21, 2022 9:52 AM To: City Clerk Mail; Linda Evans; Kathleen Fitzpatrick; John Pena; Robert Radi; Steve Sanchez; Jon McMillen; Consulting Planner Subject: public comment Agenda Item 1 EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear City of La Quinta Council, I am a resident of the Coachella Valley, and grew up in my grandmother's house in the La Quinta Cove. I have always admired the native and natural landscape that not only provides residents the opportunity to recreate and learn from, but the value it also has on the ecosystem that depends on the land, plants, animals, water and air and the cultural resources of the Native Cahuillan communities. With the proposed development in or around the Coral Mountain, each one of those resources will be impacted along with the future health of surrounding communities. The reality is, the state of california is in the worst drought ever recorded, and california shares water resources throughout the state. That means all of our water resources, whether local reserves, aquifers or imported from other areas, are all impacted by the drought and cannot sustain this excessive use of water. These facts need to be taken seriously. It's amazing to drive through parts of your community and to see how disconnected priorities are for profit with these resort style living compounds. Running the deserts dry of water that have been underground for thousands of years to fill a pool with 958.6 acre ft. a yr to play in is incredibly unsustainable and irresponsible. Yes this is one of many proposed projects around the coachella valley that are proposing this type of a project, but that's the issue, residents aren't asking for this, we want clean water to drink and use, we want dignified housing, we want access to affordable healthy food, we want jobs that are healthy for us and our community. These projects are in direct contrast to what we need now and for the future of our communities. Please oppose the protect to ADOPT RESOLUTIONS TO RECOMMEND THAT THE CITY COUNCIL CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010, AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, TENTATIVE TRACT MAP 2019-0005, DEVELOPMENT AGREEMENT 2021-0002 AND SITE DEVELOPMENT PERMIT 2021- 0001; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60 AND EAST AND WEST OF MADISON STREET. thank you, Venessa B. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: denisebellamy@bell.net Sent: Tuesday, September 20, 2022 5:34 PM To: City Clerk Mail Subject: Written Comments [full name, city of residence], Coral Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park To whom it may concern: My name is [name] and I am a resident of [city, neighborhood if in PS]. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Consulting Planner Sent: Thursday, September 22, 2022 6:54 AM To: Nancy Bruce; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez Cc: Monika Radeva; City Clerk Mail Subject: Re: Coral Mountain Wave Project Ms. Bruce, Thank you for your comments. They will be included in the public record for the project. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Nancy Bruce <nbruce@me.com> Sent: Wednesday, September 21, 2022 2:35 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Cc: Consulting Planner <ConsultingPlanner@laquintaca.gov> Subject: Coral Mountain Wave Project ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Dear Mayor Evans, Council Members, and City Staff, I am writing to urge you, plead with you, beg you to NOT approve the Coral Mountain Wave Project. I have followed the project for 2 years now and heard the developer say, more than once, that none of the things they are now making changes to (lights, size of the pool, Special events) could be changed. I have received the many postcards recently sent, saw the letter to the editor written by the developer and read the article in the Gem announcing these changes and can sense the desperation to convince people that this development is a good thing. I still can't understand why a beautiful city like La Quinta would ruin a one of a kind neighborhood like you have in that quiet corner of the desert w/ a development that is the antithesis of why the residents live there. It is quiet, away from the busier parts of town, full of wildlife -so many birds, bats and owls, plus Big Horn Sheep and coyotes, true dark skies every night w/o clouds; people feel like they are living next to a nature preserve, and they are! The thought of having a wave park operating 365 days a year from 7am to 10pm is so awful it's hard to imagine having that in your backyard. Don't you think you have a contract with homeowners who buy a home zoned in a low density, residential neighborhood where they should be assured that in their zoned area no commercial ventures like this one intrude on what it is that brought them there in the first place? Imagine if you lived in one of the homes on 58th street! It's not pretty. All of this goes without saying about the state we're in over water. I keep hearing the argument about how lucky we are since we have historical rights to Colorado River water, but those rights won't amount to a hill of beans if the river goes dry and we are not far from that happening. I know it is your job to look for ways for the city to make money. But please, look elsewhere, there has to be a better way then ruining what is, to me, one of the best places in La Quinta, really the whole Valley. Sincerely, Nancy Bruce 80843 Calle Azul La Quinta, CA 92253 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Good Evening Mayor Evans and City Council members: My name is Mike Charles and I live at 81343 Andalusia, would like to present the following letter with my 3 minutes allocated. This has been a long process debating the proposal to put a Surfpark in our desert. I still remember as if it was yesterday Garrett Simon's presentation to a gathered crowd at Andalusia on January 23,2020, his project and how excited he was. No night lights other than city street light standards and no noise after sunset was his answer when asked repetitively about those subjects. How things did change. Lights and noise until 10 pm every night, 365 nights per year. Your city residents as well as Planning Commission and Council members were thrown into the permitting process, the many, many details in order to make a proper decision as well the science and now politics of water management. I have taken the time to review the newest proposal from the developer based upon your request of revision to them. So these are the facts: 1)Lighting -not once did the developer concede no lights for surfing. While the lights have been lowered from 80ft to CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION 40ft there still remains the same issue, the"glow". The engineer from Musco Lighting, Tim Newendorp, told us that the glow or "presence of light" will always be there due to the particulate in the air and light reflecting off the water vapors. The developers statement and drawings depict that the property wall and foliage will hide glow. They point out the line of sight from the lights and buildings of the park directed towards Andalusia will now be hidden by the wall. This is incorrect as it has been since the first statement made about level of sight. The issue is that the point of sight they are using is the entrance located at Madison Ave. This elevation is lower than any of the homes. The lowest elevation is Madison. Their location for the Surfpark is roughy equal to our homes, both areas higher than Madison Ave. Add 10-1 5 feet in elevation to locate the homes, as the residents know, and you are squarely looking into the line of sight. I have taken the time to study this on many of our streets. When the lighting test was conducted went to several roads and found each time the lighting poles were highly visible. Lowering 40 feet will not make a difference. See attached picture, helium balloons placed at 40 feet, see small white balloon below each number, that demonstrates a clean line of sight as seen from 81343 Andalusia. Many other homes are at this same elevation. Therefore, there should be no night lighting. 2)Noise -noise will permeate for all residents day after day, night after night. Noise becomes more amplified at night. We have asked the developer for over a year now to do a test on site. They refused. The only conclusion that can be CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION drawn from that is the developer knows the noise level, especially being so close to Coral Mountain and to residences in Cantera, as well as private homes on 60th and other surrounding developments, will be unacceptable and cannot be mitigated. Noise of all the previously identified sources will permeate the skies for all to hear until 10pm each night. Special events, at four days, will only add to the increased noise level and can be extended to midnight. This continues to be completely unacceptable for residents living next door. 3)Water usage and its requirements: The conversation about consumptive wavepark requirements vs non - consumptive golf course usage has been batted back and forth. There are no comparisons to be made. The reason being golf course watering, while some is lost to evaporation, much continues into the ground to support growth and then continues to recharge the aquifer. A concrete pond has no permeation into the ground and the water is lost forever. This is why the term consumptive vs non -consumptive exists. Please note we don't want a golf course either. 4)The developer proposes a 2 year moratorium on events to make residents feel better. This is an insult to people planning on living the balance of their lives there. What, so we have two years and then should be happy to relocate. The fact that they even bring it up demonstrates that they are aware of the problem and want us to accept a short term fix. No, this also is unacceptable. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION 5) Exorbitant water usage of this nature be it a golf course or wavepark should not be allowed at his time of emergency. As you know the federal government and the states of California and other SW identified states have been thrown into the need for water usage reduction immediately until further notice. This mandate should nullify any and all projects of this kind. No exception. In closing, We ask the city council members to vote no as the developer did not address without a doubt the councils request to address the issues that they were tasked with. Most importantly, our city leaders need to lead us through this water reduction time that we are all faced with. Respectively submitted, Mike Charles 81343 Andalusia, La Quinta, Ca 92253 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION r. i f . 5 Note, balloons are directly under red numbers, small/white but visable and are situated at 40 feet CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: mike charles <mgacharles@yahoo.com> Sent: Monday, September 19, 2022 4:53 PM To: Monika Radeva; City Clerk Mail; Tania Flores Subject: My presentation the this Wednesday's Wavepark city council meeting Attachments: wavepark presentation. pdf Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. It is my hope that I can still provide my 3 minute presentation via email for Mayor Evans and City Council members to review prior to this Wednesday's Wavepark meeting. I live at 81343 Andalusia, La Quinta. I cannot attend the meeting other than by Zoom. Thank you for your help, Mike Mike Charles mgacharles@ya hoo. com cell: 253-381-4565 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Written Comments to the City Council regarding the Oral Mountain Resort 9-21-2022 From Hadin Chea[wvod, resident since 2WS at 60119 Honeysudde, Trilogy La quints Dear Council I have communicated with you in the past in regard to this development but I am concerned about the conditions that maybe a part of this resort_ My first concern is that they still show the main entrance into the re5art very dose to the W and Madison intersection on the Specific Plan! L was led to bLiieve this traffic ear had been corrected but the drawing on the city wehshe still shows this very had concept so we vrad d like to see the conditions corrected and move the entrance to align with the Andalusia entrance and haw a prokssionally designed traffic signal installed there! On Pages 9 and 16 of the Urban Crossroads they recommend 10 b-aft signal improvements and when the very necessary signal at the properly realigned entrances there would be 111 All of this work should be completed and paid for before a Certificate of Occupancy is issued forthe hotel or any other major component of the resort! All of the utilities should be stubbed into the property and the public impmven ents on all three streets INCLUDING THE PPERNIANENTWALLS AND LANDSCAPING, with reclaimed if'r ation should be completed and paid far before the CFDs for the hotel and the water park is released! All of the irrigation, toilets and other units that can be on reclaimed water should be required by the conditions to be on reclaimed, the developer has clea riy stated they will do this but it should be in the conditions! We have been disappointed in haw the Andalusia Developer has not finished the last portion of iandscaping on Madison and do not wish for the Coral Wuntain Resort to look like this 14 years from now, if it is properly controlled it could be an asset to La CLuinta if it is not property controlled it will he a disaster! Thank You. I hope you can hold this development until it can be properly conditioned and controlled! i Harlin Cheatweed A copy of the Coral Mountain Resort Speciffe Wan is atlachad 1 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION CORAL MOUNTAIN RESORT SPECIFIC PLAN I i W M� I• •`T^'-." goer I AVENUE 58 GMERAL COMMERCIAL urp + — r LOW DENSffY a lit�x'11�4V74F' 1{FIVA CCTM1d4ErIICtAI ,... , d --t oca Y c r OPEN SPACE - REC REAITON Z r IF TOUTr e COI~1AL � 4 # r r� r rl�rr or A 4p 4,0021• AVENUE 68 KT.S Source: MSA Corisultmgr, Mr- Edibit Dates November -4, �2] PROPOSED GENERAL PLAN LAID USE MSA CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Aldo A Corsini 46975 Highland Palms Drive La Quinta, CA 92253 760.564.2182 September 10, 2022 City Hall of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attention: Nis. Sherry Barkas City Manager I am in receipt of the past card dated ,August 2022 regarding the Coral Mountain Project. In my opinion all it does is whitewash the project and does not address the impact of the water shortage of the valley which are addressed daily on radio and TV. Any approval of the project will indicate to me that the Board of Directors are being compensated in some way or just stupid. It is my intent to vote against any member of the city corning up for re-election If you have any justification for the project, I will be willing to listen. Very truly yours, Aldo A. Corsini CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Teresa Thompson Sent: Friday, September 16, 2022 12:51 PM To: Cheri Flores; Tania Flores Cc: Monika Radeva Subject: PUBLIC COMMENTS - Coral Mountain - Corsini Attachments: 20220916_114957.pdf Follow Up Flag: Follow up Flag Status: Flagged For your records. Teresa Thompson I Management Specialist City Manager's Office City of La Quinta 78495 Calle Tampico � La Quinta, CA 92253 Ph. 760.777.7030 www.laquintaca.gov www.laquintaca.gov/covidl9 www.playinlaquinta.com As always you can find a full list of resources and information by visiting www.laquintaca.gov -----Original Message ----- From: adminscans <adminscans@laquintaca.gov> Sent: Friday, September 16, 2022 4:50 AM To: Teresa Thompson <Tthompson@laquintaca.gov> Subject: Email from Epson ET-5800 Series Attached Scan Data i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Alena Callimanis <acallimanis@gmail.com> Sent: Wednesday, September 21, 2022 11:01 AM To: Monika Radeva Cc: City Clerk Mail Subject: Submission for the public Record for Sept. 21 City Council Meeting Follow Up Flag: Follow up Flag Status: Completed ** 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. ** Hi, Monika. This is a Noise analysis from CSDA Design Group. Can you please submit this to the public record for the Sept. 21 City Council Meeting. Thank you very much. Alena Callimanis 81469 Rustic Canyon Dr. La Quinta, CA 92253 919 606-6164 i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION September 13, 2022 La Quinta Residents for Responsible Development P.O. Box 2004 La Quinta, CA 92253 Sent via email: Igresidentsstopthewave@gmail.com Re: The Wave at Coral Mountain CSDA Project No. 22094.01 Subject: Acoustical Peer Review of Urban Crossroads Noise Study Dear La Quinta Residents for Responsible Development: As requested, we reviewed the acoustical study prepared by Urban Crossroads for the Wave at Coral Mountain project. This letter summarizes our comments on the study. 1.0 Documents Reviewed We reviewed the following documents: 1. Appendix K1: Coral Mountain Specific Plan Noise Impact Analysis dated March 17, 2021, prepared by Bill Lawson of Urban Crossroads 2. Appendix K2: Coral Mountain Noise Memorandum dated April 20, 2021, prepared by Bill Lawson of Urban Crossroads 3. Appendix K3: Coral Mountain Noise Memorandum dated September 9, 2021, prepared by Bill Lawson of Urban Crossroads 4. Exhibit K: The Wave at Coral Mountain Speaker Noise Assessment dated August 16, 2022, prepared by Bill Lawson of Urban Crossroads 2.0 Comments In general, the study was fairly detailed and was clear in the assumptions and inputs used to calculate expected wave pool noise levels. Without a copy of the actual CadnaA modeling file, it is not possible to determine the accuracy of the acoustical modeling. Our comments are primarily concerned with the criteria applied. We have the following specific comments: Appendix K1, Section 10.4, Table 10-3: Operational Noise Level Compliance on Page 78 utilizes a 65 dBA standard. However, the La Quinta Exterior Noise Standards (see Figure 1) stipulate a daytime limit of 65 dBA for "noise -sensitive" uses plus a reduction in the above standard of 5 dBA when the noise source "consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof." The purpose of this clause is to acknowledge that sound sources that are not steady state or broadband are more annoying. Given the wave pool has a PA system with warning alarms and announcements as well as jetskis (and potentially music), the 5 dBA reduction should be CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION applied, and the noise limit should be 60 dBA. This results in exceedances of the noise criteria at the P3, P9, and P10 receptors. £xwr#or Noise Stapdards Recelviag Land I.1w Noise Standard IIDw period 65 dHiA) 7 fits} a,11). l6:ilo 11 ti�uihe semiaiue 50 LFI W I U:00 p.m.- 7,t70 alit 75 rINA) 7.00 a.m. — l 0:00 P.M_ (iher nnnresidrnlia] 65 dENA) 10:00 P.M. 7:011 o.m. IF the raise camsists rnliraly of imp aat noise, ALTtple tatty Dior, apemb armustc, or nny cambinatirm tIicn mt', each cd'Lhe nmsr Lvch specified in the tahic in this section shall be reduced by five dB3 A). C'_ Nuisc L imirs, 11 is unlawful COrany persem aL 4my Ic"liun within kite city t6areatu any noise. or to allow the dvAi ti uFany noise un propcaty uwncd. teased occupied of olh Twisc oouhallcd by such person, when such noise causes 01c noise ievei, when measured on any adjacent pmpertv, m ex=& 3. The noire stalld� for a e,ilnarative period of more than 1141 MY minulea ill any hour: 2. The noise swdwd ptus five Z(A.} roe a eulnurali4e period oClncre than f fteen tninawN in any hotly 3. The aui!c rUmdard ptus terl d3 HA) For u cumulenvz poriud of mare than rive minaLixi in any hour, #. The nniw standard ph15 fifteen dl3(A) Cara curnnlativc Period of mprc thOR One mkntttr in any hnur; or 3- The noise StAn&" pM W my dBA) fnr any pmod ortir" For purposes of this section, the term 'ckIiY3Oal ivc Pend' imemis 131e nuinber of minuics 1haL a noise Occurs wills 1t any hour. W3iAersuch inimilos are nnn.SCculivn Or ziOL. 13. AmMent NOBC 1_ove1, rf the amhim or hackgmund liaise level cy.owls, any of the preceding anise categories, nn increase ltbnvu skwb amhicm noise €eves shall bL: pernmWd. L. Earmptiosis_ The! foil towing arc cxempl Front the raise reslriellntts of this section_ 1_ Lffkcrgencyvehtcrrsnrotheremergencyopenoiars. 2. City nuLinicFunce, cun$rwtian pF 5lm3lWwmtMLic5, 3. t'Ll"Itnt IWII activiriec rLiLulated by Scctiorq f+_11$.i15U nrtfK I-e Qvintu municipal ('edr. A. Golf COLIfsa IW1114MIR" NliYltieS lwiween fw2-1hirly t1.m. and ending nO laler i =L e39311 P.A. 011 any 9MW daY. F k nrincenwnt_ The c'ily manager or designee shall hovr I lic resprmsibility and 0L11hLFHly 10 t ttfurce the PFLwisions of IhEs section (Onl. 565 ii I,1)17; Old_ 554 � i, 2M6) Figure 1: La Quinta Exterior Noise Standards 2. Appendix K1, Section 10.4, Table 10-4: Daytime Project Operational Noise Level Increases analyzes noise level increases at the R1 through R10 receptors (i.e., a comparison is made between existing ambient noise levels and "combined project and ambient" levels). However, the existing "reference ambient noise level" is the logarithmic average daytime noise level between 7 am to 10 pm. Ambient noise levels change significantly hour -by -hour and residents' sensitivity to noise is greater during the evening hours as compared to the hours before 7 pm (the State of California recognizes this greater sensitivity during the evening hours and imposes a 5 dBA penalty on noise which occurs between 7 pm and 10 pm when calculating the 24-hour CNEL noise metric). The quieter hours between 7 pm and 10 pm should be the basis of comparing the existing noise environment and the "combined project and ambient" level. Ambient noise levels are 10 dBA to 15 dBA quieter between 7 pm and 10 pm (which means it is at least twice as loud during the middle of the day as compared to the evening). Figure 2 shows the Location 10 (L10 — Located along 58th Ave slightly east of 58th Ave and Stone Creek Way) ambient noise graph showing a 20 dBA difference (4 times as loud) between mid -day and evening hours: CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Aty-c JOW Mr Ohie d fAn1hheRefn 5twecK A W0. -1--E: else. T'xin F 6SA J m.0 9vryI 4G.4 5rs.a llllll�llllll� lllllll�llllll�llllll�llllll� J_��� IJJJJJJJJ�JJJJJJJJJ�JJJJJJJJJ� O +F d Id A 12 .4 !4 ii Ir: JT LH J!r N 14oar8.IMn lnr Figure 2: Location 10 Ambient Levels (Mid -Day vs. Evening) 3. We recalculated the values in Table 10-4 by comparing the lowest evening ambient noise level to the "combined project and ambient" level. Figure 3 below shows a markup of Table 10-4 when utilizing the lowest ambient level between 7 pm and 10 pm and not a 15-hour daytime average. Note that there is an exceedance at Receptor 8 (R8) and Receptor 9 (R9). TABLE 10-4: IDAYTIME PRO] ECTf]P€RATIO NAL NOISE LEVEL INCREASES Receiver Lacatian Total Project Operational H�iSp LL?vei� Meal. a tocatlorl Reference Ambient (4oisc LE 54.2 62.5 61.2 54.5 59.7 58-7 57.9 43.8 51.7 51.9 rM:r!nr: .�kril'�=Crl 44.1 S5.1 53.1 51-2 39-i1 S4.5 55.5 36,4 37-2 74.7 Combined Projectand LProjects Ambil iv[nu7n ti.u!r'L�I-7e[l 54.4 �, 62.6 55.7 61.3 53.6 54.8 51.8 59.8 44,0 59.6 56,5 59.2 5b-0 A$-7 47-4 52.1 42.9 61.9 45.9 Threshold' Cre� 4�:^enlrx] InCrE�uB._ 0.7 4.1 0-1 (].b 0.1 0.5 0.3 0.6 0_1 4.5 4.9 2.17 0.3 0--5 4-9 11.0 4.4 5.7 0.0 1.2 �vrr!-r=n ThrBS'�0.0 5.0 3-0 3,0 5.0 5_0 = 5.0 5.0 5.0 5.0 3.0 = r ceededd3 x{sailed. No R1 413•6 l ; R2 46.5 l2 No R3 43.8 13 No R4 43.0 ld No R5 41.1 L5 No lib 52.2 L6 No R7 46.0 L7 No R$ 47-0 Ls No Yt5 R9 41.5 L9 No Yes 39•3 1AC No `See Exhiblt 9-A for %ll, oFf- size seosillwe recawer INAl1 ns : Total Pfoject operational nolse levels a5 shown on Table t4d, ' 14ference nolse le,ret measurement locations as s#iown on t:xhlblt 5-A. 'Observed dawprne ambient nolse 1;eft6 as shown on Table S•1. ' Represe4ts the corrsbined amblent cmdlUms Plus the Peoject activities• Vie nom levet Lnueasa expected with the addition of the propoard Pr4ief:taCt1wL1:ie5. ' SlgmFlcance Crlterta as defined in Seckn 4. Figure 3: Table 10-4 Markups with Evening Ambient 4. For the criteria, Table 3-1 shows a requirement of 1-5o 65 dB(A). Table 10-3 shows Leq levels referenced to Table 4-2 which references Table 3-1. Appendix 5.2 includes 1-hour Leq as well as L50 levels. If criteria shown in Table 3-1 is 1-50, then the ambient results should also be 1-5o noise levels taken from Appendix 5.2. Since reference noise measurements were conducted for 56 minutes, 1- hour Leq noise levels can be taken for the analysis. Table 3-1 should be corrected to show criteria of Leq 65 dB(A). CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Given the comments above, I would not consider the calculated noise level from the wave machine to be non -significant nor compliant with the City's municipal code. Sincerely, CSDA Design Group vV Randy Waldeck, PE Principal, Acoustics Enclosed: Resumes ,4c aGL„, Aditya Balani Senior Acoustician CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENR� I%P(OSITION G R O U P RANDY WALDECK, PE, LEED® AP Principal, Acoustics Years of Experience 20 Education California Polytechnic State University, San Luis Obispo, CA, B.S. Industrial Technology Licenses/Accreditations CA: M.E. No. 34245 LEED° AP: No. 7D57F15BFF Affiliations Institute of Noise Control Engineering (INCE), Associate Member Acoustical Society of America Full Member Care Group Member Publications "ACRP 02-51: Evaluation of Facade Acoustical Measurements," National Academy of Sciences, Washington, D.C., 2014 (on -going) Coauthor: "Acoustical Measurement Methods Analysis," Center for the Built Environment, Berkeley, CA, 2011 Randy D. Waldeck, PE, LEED° AP, is an expert in environmental, aviation, architectural, and mechanical equipment noise and vibration control. His wide breadth of experience includes consulting on over 600 public, transit, environmental, and architectural projects. Randy has provided acoustical expertise for the following types of projects: municipal, transportation (air, rail, and roadway), mixed -use, condominiums, single-family homes, hotels and resorts, offices, medical facilities, industrial use facilities, federal buildings, educational facilities and restaurants. Randy's representative experience is listed below: • LAX North Downwind Arrival Route, Los Angeles, CA • Alco Iron & Metal Recycling Facility Noise, San Leandro, CA • Lehigh Cement Plant Noise, Cupertino, CA • Hollister Hills State Vehicular Recreation Area Noise Monitoring, Hollister, CA • Raley Field Noise Monitoring, West Sacramento, CA • Town of Colma Environmental Noise Study and Noise Element, Colma, CA • Stanford Temporary Helipad Noise Analysis, Palo Alto, CA • JOBY Aviation Helipad Noise Element, San Carlos, CA • Municipal Transit Authority (MTA) Facility Conversion, Daly City, CA • E-BART Extension, Hillcrest Station Specific Plan, Antioch, CA • Caldecott Tunnel Fourth Bore Project, Oakland, CA • Metro Purple Line Phases 1 through 3, Los Angeles and Beverly Hills, CA • Metro Crenshaw/LAX Line, Los Angeles and Inglewood, CA • Metro Harbor Freeway Bus Station Noise Analysis, Los Angeles, CA • EBMUD Water Treatment Plant Construction Noise Monitoring, Orinda, CA • EBMUD Claremont Tunnel Seismic Upgrade Noise Study, Oakland, CA • EBMUD San Pablo Dam Seismic Upgrade Construction Noise Study, San Pablo, CA • UCSF Medical Center Construction Noise Study, San Francisco, CA • Lantana Media Center Expo Light Rail Noise and Vibration Study, • Santa Monica, CA • Somarosa Farms Noise Facilities Survey, Sonoma, CA • Silicon Valley Berryessa BART Extension Project, Residential Noise Insulation • Program, San Jose, CA • State Route 85, Noise Reduction Study, San Jose, CA • UC San Francisco Medical Center Construction Noise Study, San Francisco, CA • Caldecott Tunnel Fourth Bore Construction Project, Oakland, CA • California Independent System Operator Headquarters, Folsom, CA • 365 Main Street Data Center Noise Study, San Francisco, CA • Sound Transit Residential Sound Insulation Program, Seattle, WA • City of San Jose Pump Station Noise Survey, San Jose, CA • Clayton Gardens Parking Noise, Concord, CA • Fruitvale Gateway Construction Noise Plan, Oakland, CA • Caltrain South San Francisco Station Relocation, South San Francisco, CA • Brisbane Freight -Forwarding Facility Noise Analysis, Brisbane, CA • San Francisco Emergency Operations Center, San Francisco, CA • John Muir Medical Center Helipad Noise Study, Walnut Creek, CA 0 San Francisco General Hospital Helipad Feasibility Study, San Francisco, CA CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMEbTP4INGOIfOSITION �Z)uti GROUP ADITYA G. BALANI Senior Acoustician Years of Experience 14 Education Pennsylvania State University, M.Eng Acoustics University of Mumbai, B.Eng Computer Engineering Affiliations Institute of Noise Control Engineering (INCE) Audio Engineering Society (AES) Aditya is a highly experienced acoustical consultant in the design and construction industry. He has managed projects successfully on time and within budget for a broad range of facility types including corporate facilities, conference spaces, recording studios, screening rooms, sound stages, residential, theaters, hotels, auditoriums, performing arts spaces, educational facilities, civic buildings, healthcare, places of worship, laboratories and R&D centers. Adi's strong analytical, team leadership, problem solving, detail oriented, and organizational skills are proven in team management and motivation. Adi is responsible for all aspects of a project, including business development, project management, acoustical engineering, and field services. Environmental / Noise and Vibration Studies • Tri Dam Power Plant • California High Speed Rail • Staff of Life, Santa Cruz, CA • Audience Audio Labs, Mountain View, CA • Tracy Army Depot Generator, Tracy, CA Construction Noise and Vibration Monitoring • University of Washington Sound Transit, Seattle, WA • Calaveras Dam Replacement, Sunol, CA • Metro Expo Line, Operations & Maintenance Facility Phase II, Santa Monica, CA • LADPW River Supply Conduit 5 & 6, Los Angeles, CA • St. Luke's Hospital, San Francisco, CA • VA Palo Alto Medical Center, Palo Alto, CA • El Cerrito High School Stadium, El Cerrito, CA • 1076 Howard Street, San Francisco, CA • Rancho Cucamonga Fire District, Rancho Cucamonga, CA • 3rd & Fairfax Avenue, Los Angeles, CA Corporate / Commercial • Apple Wolfe Campus, Sunnyvale, CA • Oculus, Seattle, WA • Pharmacyclics, San Jose, CA • PWC Los Angeles — Experience Center, Los Angeles, CA • Palo Alto Networks Corporate Offices, Sunnyvale, CA • Undisclosed Tech Client Offices, Palo Alto, CA • Twitter Corporate Offices, San Francisco, CA • Unity Technologies, San Francisco, CA • Microsoft Berkeley TI, Berkeley, CA • MuleSoft Corporate Offices, San Francisco, CA • Alma Station, Menlo Park, CA • Manchester Pacific Gateway, San Diego, CA • Undisclosed Tech Client Market, San Francisco, CA • Gunderson Dettmer Corporate Offices, Redwood City, CA • 1100 Broadway Office Building, Oakland, CA • Morgan Stanley Corporate Offices, Folsom, CA 0 Undisclosed Tech Client Campus, Mountain View, CA CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Marcia Cutchin <marciacutchin@yahoo.com> Sent: Tuesday, September 20, 2022 9:21 PM To: City Clerk Mail Subject: Re: Written Comments for 9/21/22 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. For public comment, council meeting September 21 st, 2022 Concerning Coral Mountain Surf Park Development September 21 st, 2022 Dear Mayor Evans, councilmembers, Robert Radi, Kathleen Fitzpatrick, John Pena and Steve Sanchez, There is no justification for wasteful use of water, no matter which of our stores you drain it from, digging wells, the aquafer, or the Colorado river. The eyes of the entire parched American Southwest and beyond are upon us as our council considers the proposal of the Coral Mountain developers. Does anyone want to go on record for being the politician that backed this water intensive surf park development, in a desert, two hours from the beach, during a historic draught? Further, altering the general plan for the purpose, with little to no rationale would amount to extending the boundaries of your jurisdiction to its limits without your constituent's consent. We have a LOT of developments in the works. We can be the Coachella Valley city that distinguishes itself by implementing responsible development policies. Marcia L Cutchin La Quinta CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Jim Flanagan <jimflanagan4@mac.com> Sent: Monday, September 19, 2022 3:39 PM To: City Clerk Mail Subject: written comments re: Andulusa Wave Park 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. 1) full name: Jim Flanagan 2) city of residence, Coachella Valley Water District Resident 3) subject matter; comments against approval of wave park As a resident of CVWD, my home shares the water supply this park would be drawing from. I do not think this park makes sense to be built in a desert area given the current water situation. read the EIR and it was based on Colorado replenishment rates from before 2020, things have changed since then. Things have changed dramatically with regards to this replenishment since the EIR was written in 2021 and i believe CVWD can not reasonably expect any further replenishment going forward. I do not believe the current EIR is valid at this point. Building a project such as this sends the wrong message to residents of coachella valley and must be stopped. thank you Jim I CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Erik <erik_g@cox.net> Sent: Tuesday, September 20, 2022 11:21 AM To: City Clerk Mail Subject: Proposed Surf resort EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. As a resident of California I find it abhorrent that developer are allowed to get away with projects like this all in the name of the mighty dollar. The Southwest is currently in a severe drought, a drought that has not been seen since the year 800. There is plenty of scientific evidence to back this up, but people still refuse to trust the data. We should be doing everything in our control in order to reduce un needed water consumption and building a huge surf resort in the desert should not even be a consideration. It amazes me what greed makes people do, but something like this would just be another nail in the coffin with respect to un-ethical development. I strongly urge the City council to deny the zoning change that would allow for the development of a surf resort such as this. Please approach this issue from a logical standpoint and do not let greed overcome practical decisions. Thanks ERIK GIBBS San Juan Capistrano, Ca 949-310-7329 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Subject: FW: Surf Park From: Stephen Hamlet <shamlet6@gmail.com> Date: Wednesday, September 21, 2022 at 1:52 PM To: Jon McMillen <jmcmillen@laquintaca.gov> Subject: Surf Park EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Dear Mr McMillen, I sent an article from today's LA Times. Also on Google yesterday was an article which you can find about how the surfers do not like Kelly Slaters surf park. I hope you and the council have done due diligence in examining the financials for the surf park up in Lampoc. The public is not aware of the costs. Surfer friends, owner of a large corporation back East went with his family of about 8. It cost $82,000.!!!!! Yes that is verified correct !!!! Another son went back for a second time and it was $50,000. !!!! So you are not going to have to worry about crowds of surfers. That park will be for the rich, corporate write-off playboys and the general public will be excluded. No wonder those new hotel and condo guests will not be able to make reservations. I also hope you have a contingency plan for if and when this whole surf park goes bellie up. Please refer to the article on Google. Another major concern is with Meriweather who is in for the flip. They just flipped the Ingelside Inn / Melvyn's to Proper Hotels. If you do not have the financials maybe another postponement is in order. I am not a fan of jeopardizing future water needs on such a dicey venture. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION CATIOLVN 0-LZ Liao Antlrl r- Tl"I" A LAYiGE Ourf ["Irk is planned for La Quin,ta despite raH;y21)y r`sidentis hOLngtn1d to cut. back on waWn surf resort in a desert. ReaIli. ? F,e"Ejurfpnkjn the desert? Prnpomil draws Outrage," Sept_ ]9 Apparently polittciaiis beholdento developers will conttnue La allow projects Re phis to proceed until the rest ofsotlthern calgorrua looks like the Cuachella LTaRey. The aimlghty dollar will corlttana torklle_ The surfpccl in La QuJnts is ordy the. most. egregiaLM 00rn ]oll ent ofthis Proposed monmro5ity. z)o we need to be aisle to s urf in Ghe desert, when the slate already has Borne of the best surfing i n the warid? Developments like this �L-id Tejon Ranch ill LA. f. Ouruty s and far north are itjutng the poekets of politi- clans and developers and ldifIng Me rest of L s slowly surely. This fa mvtmn- rrmenr;Ei rnurcle, Flot suicide., F3tit� 3�.� it nt,� Et Los Angeles ThLsexcellentartl[ e touched on the ancient shoreline ofLake Cahuilla, which once covered much of the Coasrhella and Imperial valleys. It shoWd have also Mentioned Lhet:hreat posed byt.hedrying Salton Lea, The lake bed issstur&ted with toxk chemleals rMM dec- desafIfi= runoPL As the water raked es, the bed wil[ dry and the chernlcals wll] be blown Gitiroughout the an5a. The s urf,parks and Vif WW Ses wal be deserted when I,he &iris too deadl~ytu breathe. All the engineering a red Ntc.r oqurgola ,golak ,11 ;ay- 4pmRto, the ' ''.RlWtthy shoula7 be dedf- 3i, rescz ,g• �,he Salton AVsz�, []IDOLLB70IN Rancho Mirage r !4Y r ¢1Io cars Fuld i �eAt'ly loot a n ot.Eca that we r�r."e��1 Lo cut aurwak�er lan�gg r'f l0'?n, We already ha; nil lawrt;have,,nd. AndYLt, close to us u surf k wl[h at arge vvaw a pawl b f�Le 9"D11 ntalaLed?And Sr"'YJ-5 "Uding a nefgh- bl)rhoo d Win, a lagoon? Rea]S.y? PE L -n Desert CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Kathleen Fitzpatrick Sent: Monday, September 19, 2022 7:48 PM To: Monika Radeva; Jon McMillen; Consulting Planner Subject: Fwd: Opposed to Wave Park Project Not sure if this one made into the list for the public record. Get Outlook for iOS From: Igtampico@yahoo.com <Igtampico@yahoo.com> Sent: Monday, September 19, 2022 7:38 PM To: Linda Evans <Levans@laquintaca.gov> Cc: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; John Pena <jpena@laquintaca.gov> Subject: Re: Opposed to Wave Park Project 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. Please make sure my comments are part of the record for this project. Thank you. On Sep 19, 2022 6:30 AM, Linda Evans <Levans@laquintaca.gov> wrote: Carol - Thank you for your email. Any developer or resident has the right to apply for a project. By law, we cannot deny them. There is a process to follow, and that is what is taking place. Part of the process, an important part, is public input - like yours. While I do not appreciate your threats, I do appreciate you taking the time to share your position on this project. Thank you. Linda Evans Mayor City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760.777.7030 Cell: 760.899.3279 www.laauintaca.aov www.playiniaguinta.com From: Igtampico@yahoo.com <Igtampico@yahoo.com> Sent: Monday, September 19, 2022 12:32:01 AM To: Linda Evans <Levans@laquintaca.gov>; kfitzgerald@laquintaca.gov <kfitzgerald@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; John Pena <jpena@laquintaca.gov> Subject: Opposed to Wave Park Project CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT EXTERNAL: This message origir ated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To All, I'm so angry that you would even listen to the developer behind this. Should this be approved, you will have decided that each resident of La Quinta is less important than money. You would need to amend the General Plan that protects the La Quinta citizens. Changing the Zoning would never happen if one of you lived near the site. Never. You will have abandoned all sense of caring and concern for those who spend money daily in the city, pay your salaries. There are so many other reasons not to approve this amusement park. Like the fact that this is a RESIDENTIAL area, not fit for a Wave Park and a Hotel! Like the fact that the homes will become basic timeshares with ownership held by investors. Noise! Especially during the music festivals and so-called Special Events. Like the fact that CA is considering state water cuts to farmlands. Essential businesses will suffer that bring out food to our daily tables so some rich people can surf. Ridiculous! Like the fact that residents of LQ are now being fined for water use above a specified amount. Should you approve, you are saying, it's okay for residents to subsidize A WAVE PARK'S water use. Ludicrous! There are so many issues and you've heard them all. So IF you approve this, I will be a big part of the November election campaign to vote out you, Ms. Evans and you, Mr. Pena. When the rest come up for election, we will never forget and you will also be voted out. You ALL WILL be replaced. Carol Jensen La Quinta Homeowner and Full Time Resident CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Kurt Kosek <kurtkosek@yahoo.com> Sent: Tuesday, September 20, 2022 11:24 AM To: City Clerk Mail Subject: Written Comments, Coral Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park To whom it may concern: My name is Kurt Kosek and I am a resident of Sunrise Park neighborhood in Palm Springs. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Sent from my iPhone i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Marne <marnemccluskey@gmail.com> Sent: Tuesday, September 20, 2022 5:20 PM To: City Clerk Mail Subject: Written Comments Marne McCluskey, Indio, CA, Coral Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park To whom it may concern: My name is Marne McCluskey and I am a resident of Indio, CA. I formally request that you deny the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Thank you. i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Date: September 20, 2022 To: James D. Vaughn, Esq Stowell, Zeilenga, Ruth, Vaughn Et Treiger LLP From: Christ Kirikian Principal I Director of Air Quality Et Acoustics Subject: Noise Memorandum Wave Basin at Coral Mountain h,11 d �111L*i[91►1 This memorandum is intended to provide the City of La Quinta with additional evaluation of potential noise impacts associated with the Wave Basin for the Coral Mountain Specific Plan (Project). This memorandum discusses the methodology used to analyze potential noise impacts, monitoring data and modeled noise levels. This memorandum incorporates ambient 24-hour noise level measurements taken at the Project site, as well as reference noise level measurements taken at the Lemoore facility by Urban Crossroads, Inc. EXISTING CONDITIONS The major existing noise source within the City includes vehicle traffic. The level of noise from traffic is directly affected by the mix of vehicles on the road. When heavy trucks make up a larger share of the traffic, traffic noise is higher than when the traffic is composed entirely of automobiles. Also contributing to noise levels are commercial compactors, landscaping maintenance equipment, and daily activities.1 To assess the existing noise level environment, hourly noise levels were measured during typical weekday conditions over a 24-hour period at sensitive receptors within the vicinity of the Project site. As defined in the City's General Plan, the term sensitive receptors are used to identify land uses which are more sensitive to noise than others and include residential uses, schools and libraries, hospitals, and nursing homes. Moderately sensitive uses include parks and golf courses, hotels and motels. The ambient long-term (24-hour) noise results are provided in Table 1: Existing Long-term (24-hour) Noise Measurements. As shown, average noise levels between the 7:00 AM to 10:00 PM period ranged from a low of 43.8 dBA LAeq at the western end of 60th Avenue south of an existing single-family residential home at 80800 60th Avenue (Location 8) to a high of 62.5 dBA LAeq south of a single-family residential home at 57925 Barristo Circle (Location 2). Additionally, average noise levels between the 1 City of La Quinta 2035 General Plan Update, Chapter IV Environmental Hazards, accessed September 2021, https: / /www. taquintaca.gov/home/showpublisheddocument/ 33565/636340814687270000 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION 10:00 PM to 7:00 AM period ranged from a low of 39.9 dBA LAeq at the western end of 60th Avenue south of an existing single-family residential home at 80800 60th Avenue (Location 8) to a high of 60.7 dBA LAeq south of a single-family residential home at 57925 Barristo Circle (Location 2). 24-hour noise levels ranged from a low of 47.3 dBA CNEL at the western end of 60th Avenue south of an existing single-family residential home at 80800 60th Avenue (Location 8) to a high of 67.6 dBA CNEL south of a single-family residential home at 57925 Barristo Circle (Location 2). Located on 58th Avenue in front of Daytime 54.2 L1 entrance to Coral Mountain and Low Density 58.5 west of Salida del Sol Residential Nighttime 51.5 Located on 58th Avenue south of Low Density Daytime 62.5 L2 home at 57925 Barristo Circle Residential 67.6 Nighttime 60.7 Located northeast of Madison Daytime 61.2 L3 Street and 58th Avenue adjacent Low Density 63.6 to wall enclosinggolf course g Residential Nighttime 55.6 General Commercial Daytime 54.5 L4 Located on the southeast corner / Low Density 60.1 of 58th Avenue and Madison Street Residential Nighttime 53.2 Located south of 58th Avenue General Commercial Daytime 59.7 L5 outside northwest corner of the / Low Density 63.3 Analusia Country Club Residential Nighttime 56.1 Daytime 58.7 Located on Calle Conchita Low Density L6 southeast of home at 80900 Calle Residential 63.0 Conchita Nighttime 55.8 Located on 60th Avenue north of Daytime 57.9 L7 gated entrance to single family Low Density 63.1 homes Residential Nighttime 56.1 L8 Low Density Daytime 43.8 47.3 Residential CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Located towards the western end of 60th Avenue south of home at Nighttime 39.9 80800 60th Avenue L9 Located on Jefferson Street north Low Density of Quarry Lane Residential Located on 58th Avenue slightly L10 east of 58th Avenue and Stone Creek Way intersection Low Density Residential Daytime 51.7 Nighttime 48.9 Daytime 61.9 Nighttime 54.2 56.0 63.3 Note: Daytime = 7:00 AM to 10:00 PM; Nighttime = 10:00 PM to 7:00 AM. Source: Urban Crossroads, Coral Mountain Specific Plan Noise Impact Analysis, Table 4.11-9 pg. 4.11-24, June 2021. METHODOLOGY Reference Noise Levels Reference noise level measurements were collected at Surf Ranch located at 185565 Jackson Avenue in the City of Lemoore. The Surf Ranch is a private facility with a proprietary wave machine technology capable of generating waves every 3 to 4 minutes. To create each wave, a large "sled" is pulled through the water using a cable system on metal rollers. Two buildings at each end of the cable system house the mechanical equipment and cable system. Throughout each wave event, the primary noise source is the movement of water from each wave in the lagoon. Over a period of 56 minutes, fifteen (15) wave events were measured at eight (8) different locations at the Surf Ranch. The noise level measurement locations were selected to identify the unique noise characteristics associated with different stages of each wave. Prior to each wave, the control tower announces the event over the public address system. This is followed by the noise generated from the movement of the sled and an increase in noise levels from mechanical equipment buildings. As the sled moves through the lagoon, noise from cable and metal rollers is clearly audible. With the cable roller system improvements, the reference noise levels show that during peak wave events, the Surf Ranch generates noise levels ranging from 62.4 dBA LAeq at the end of the lagoon, 71.6 dBA LAeq in the lifeguard tower and 73.5 dBA LAeq near the cable roller system. To describe the worst -case reference noise level conditions, the highest reference noise level describing each wave noise event of 73.5 dBA LAeq is used. Additionally, the basin/wave machine activities are limited to the hours of 7:00 AM to 10:00 PM. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Noise Modeling Noise -level calculations at the location of noise -sensitive land uses in the Project vicinity were assessed using the SoundPLAN noise model, which is a widely used and accepted model by sound engineers and public agencies. The SoundPLAN model depicts noise contours at varying distances and accounts for various inputs to analyze changes in topography, such as the nearby Santa Rosa Mountains and the adjacent Coral Mountains, vegetation, propagation from buildings, and existing- and proposed -noise sources and barriers. The software uses various inputs to analyze the topography, vegetation, vehicle traffic, existing- and proposed -noise sources, and existing- and proposed -barriers to depict noise contours at varying distances. The software utilizes algorithms (based on the inverse square law) to calculate noise level projections. The topography of the region progresses from the flat desert floor, where the City of La Quinta is located, to mountaintops that rise over 10,000 feet. The modeling takes into account the adjacent Santa Rosa Mountains, which reach 8,717 feet at Toro Peak. Additionally, the modeling takes into account the Coral Reef Mountain, which stands approximately 400 feet above mean sea level and is located primarily off - site at the western periphery of the Project site. ANALYSIS This assessment analyzes the potential operational impacts of the proposed Wave Basin at the off -site noise monitoring locations. Modeling of future noise levels takes into account the existing topography surrounding the site which includes the nearby Santa Rosa Mountains and the adjacent Coral Mountains. For acoustically hard sites (i.e., sites with a reflective surface between the source and the receiver, such as a paved parking lot or body of water,), no excess ground attenuation is generally assumed. For acoustically absorptive or soft sites (i.e., those sites with an absorptive ground surface between the source and the receiver, such as soft dirt, grass, or scattered bushes and trees), an excess ground - attenuation value of 1.5 decibels per doubling of distance is typically assumed. However, these are generally only applicable for off -site sensitive receivers within 300 feet of the noise source and are not applied to sound path lengths greater than this distance. There are no off -site sensitive receivers located within 300 feet from the noise source, so no such ground attenuation adjustment were made in this analysis. To demonstrate compliance with local noise regulations, the Project -only operational noise levels are evaluated against exterior noise level thresholds based on the City of La Quinta exterior noise level standards at the off -site receiver locations. Table 2: Operational Noise Level Compliance, provides the modeled exterior noise levels at off -site sensitive receivers associated with activities from the Wave Basin. As shown, Project's hourly noise levels would range from a low of 28.7 dBA (Leq 1-hour) at the low -density residential uses on 58t" Avenue slight east of the 58th Avenue and Stone Creek Way Intersection (Measurement Site L10) to a high of 48.0 dBA CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION (Leq 1-hour) at the low -density residential uses on the west end of 601h Avenue south of the home located at 80800 601h Avenue (Measurement Site L8). Project noise levels would be within the City's daytime exterior noise level standard of 65 dBA for noise sensitive uses. As such, operational noise impacts would not be considered significant. Another purpose of this three-dimensional noise modeling is to validate that the Urban Crossroads Noise study fully discloses the Wave Basin's operational noise impacts. Accordingly, the modeled exterior noise levels were compared to the Urban Crossroad Noise Study (dated June 2021). As shown in Table 2, the SoundPLAN three-dimensional noise modeling, which also took into account the noise reduction resulting from the improved nylon rollers that were in place at the time of the September 2021 noise readings were taken, resulted in modeled noise levels substantially lower than analyzed in the Urban Crossroads study at all but one location (Measurement Site L8) which results in an imperceptible increase of 1.0 dBA. For information and illustrative purposes, noise levels provided in Table 2 are shown graphically in Figure 1: Noise Level (Leq-1 hour) Contour Map. L1 37.6 46.6 -9.0 No L2 37.0 46.5 -9.5 No L3 36.5 43.8 -7.3 No L4 36.9 43.0 -6.1 No L5 37.1 42.1 -5.0 No L6 44.9 52.2 -7.3 No L7 43.6 46.0 -2.4 No L8 48.0 47.0 +1.0 No L9 28.7 41.5 -12.8 No L10 36.7 39.8 -3.1 No Source: Refer to Appendix A for SoundPLAN Output Sheets. Note: ' City of La Quinta Section 9.100.210, noise sensitive daytime standards. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 WRITTEN COMMENTS IN OPPOSITION La Quint�a Avenue 54 20-25 40-45 25-30 35-40 � 45-50 30-35 50-55 2 3 !L 10 O 1vi It -- 0 0 e 9 5 o e O 55-60 70-75- 30-35 65-70 —' O6 35-40 60-65 O O Q 0 0 8 7 55-60 45-50 40-45 50-55 SOURCE: Google Earth - 2021 Leq-1 hour in dlAW c )I1 20 - 25 �25 - 30 30 35 35 - 40 E 40 45 45 - 50 50 55 55 60 60 65 _ 65 - 70 70 - 75 Y= 75 Signs and symbols 0 Main b0cling Wall Hydraufi€ Plump Railway Road _--_-- Foliage O N@Do @ft FIGURE 1 j ridlan Noise Level (Leq-1 hour) Contour Map 326-001-21 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Certification The contents of this noise study report represent an accurate depiction of the noise environment and impacts associated with the proposed Wave at Coral Mountain Project. The information contained in this noise study is based on the best available information at the time of preparation. If you have any questions, please contact me directly at (818) 415-7274 Sincerely, Christ Ki ikian, INCE Principal I Director of Air Quality Et Acoustics ckirikian@meridianconsultantsllc.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION SoundPLAN Output CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Wave at Coral Mountain - With Elevation Receiver Fl Hourly/dB(A) Source Source type Time slice L'w dB(A) Lw dB(A) l or A m,m2 KI dB KT dB Ko dB S m Adiv dB Agr dB Abar dB Aatm dB Amisc dB ADI dB dLrefl dB(A) Ls dB(A) dLw dB Cmet dB ZR dB Lr dB(A) L1 G 37.7 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1280.24 -73.1 -4.7 0 -2.5 0 0 42.5 -4.8 0 0 37.7 L2 G 37 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1364.42 -73.7 -4.7 0 -2.6 0 0 41.8 -4.8 0 0 37 L3 G 36.5 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1419.3 -74 -4.7 0 -2.7 0 0 41.3 -4.8 0 0 36.5 L4 G 36.9 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1366.14 -73.7 -4.7 0 -2.6 0 0 41.7 -4.8 0 0 36.9 L5 G 37.1 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1349.22 -73.6 -4.7 0 -2.6 0 0 41.9 -4.8 0 0 37.1 L6 G 44.9 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 569.38 -66.1 -4.7 0 -1 0 0 51 -4.8 0 0 44.9 L7 G 43.6 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 731.15 -68.3 -4.8 0 -1.3 0 0 48.4 -4.8 0 0 43.6 L8 G 48 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 472.33 -64.5 -4.7 0 -0.8 0 0 52.8 -4.8 0 0 48 L9 G 28.7 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 980.42 -70.8 -4.8 -11.3 -2.1 0 0 33.7 -4.8 0 0 28.7 L10 G 36.7 The Wave Area Hourly 73.5 119.8 42419.5 0 0 3 1354.41 -73.6 -4.8 -0.1 -2.6 0 0 41.7 -4.8 0 0 36.7 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Consulting Planner Sent: Wednesday, September 21, 2022 6:56 AM To: James Vaughn Cc: Witherspoon, Michelle; Depalatis, Paul; Danny Castro; Cheri Flores; John Gamlin; Garrett Simon; Tony Locacciato - Meridian Consultants LLC (tlocacciato@meridianconsultantsllc.com); Christ Kirikian; Monika Radeva; City Clerk Mail Subject: Re: Question from a resident Attachments: Coral Mountain_NoiseMemo_Sep2022_r2.pdf Jim, Received. The memorandum will be provided to Council when they consider the item this afternoon. Nicole Sauviat Criste Consulting Planner City of La Quinta From: James Vaughn <JVaughn@szrlaw.com> Sent: Tuesday, September 20, 2022 6:21 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Cc: Witherspoon, Michelle <mwitherspoon@msaconsultinginc.com>; Depalatis, Paul <pdepalatis@msaconsultinginc.com>; Danny Castro <dcastro@laquintaca.gov>; Cheri Flores <clfIores@laquintaca.gov>; John Gamlin <jgamlin@coralmountain.com>; Garrett Simon <gsimon@meriwetherco.com>; Tony Locacciato - Meridian Consultants LLC (tlocacciato@meridianconsultantsllc.com) <tlocacciato@meridianconsultantsllc.com>; Christ Kirikian <CKirikian@meridianconsultantsllc.com> Subject: RE: Question from a resident 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. Hi Nicole, In light of the recent questions and comments regarding noise, we would like to submit the attached supplemental noise memo from Meridian Consultants to the City to be included in the administrative record. It merely corroborates the Urban Crossroads noise study and and validates the conclusions in the EIR using a different version of three-dimensional noise modeling, Sound Plan, and the updated noise readings from Lemoore taken in September 2021. Please let me know if you have any questions. Thanks, Jim CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT ENTS IN OPPOSITION James D. Vaughn, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP jvaughn(c-r�,szrlaw.com I www.szrlaw.com Office: 805.446.1496 1 Direct: 805.446.7609 1 Mobile 805.551.0688 4695 MacArthur Court 4590 East Thousand Oaks Blvd. Suite 200 Suite 100 Newport Beach, CA 92660 Westlake Village, California 91362 This e-mail is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail or phone (805) 446-1496, and delete or destroy all copies of the original message. From: Consulting Planner <ConsultingPlanner@laquintaca.gov> Sent: Tuesday, September 20, 2022 1:46 PM To: James Vaughn <JVaughn@szrlaw.com> Cc: Witherspoon, Michelle <mwitherspoon@msaconsultinginc.com>; Depalatis, Paul <pdepalatis@msaconsultinginc.com>; Danny Castro <dcastro@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov>; John Gamlin <jgamlin@coralmountain.com>; Garrett Simon <gsimon@meriwetherco.com> Subject: Re: Question from a resident Thanks Jim. I will pass this on to the resident who asked the question. Nicole Sauviat Criste Consulting Planner City of La Quinta From: James Vaughn <JVaughn@szrlaw.com> Sent: Tuesday, September 20, 2022 10:52 AM To: Consulting Planner<ConsultingPlanner@lag uintaca.gov> Cc: Witherspoon, Michelle <mwitherspoon@msaconsultinginc.com>; Depalatis, Paul <pdepalatis@msaconsultinginc.com>; Danny Castro <dcastro@laquintaca.gov>; Cheri Flores <clflores@lag uintaca.gov>; John Gamlin <jgamlin@coralmountain.com>; Garrett Simon <gsimon@meriwetherco.com> Subject: RE: Question from a resident 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. Hi Nicole, We discussed this comment further with Musco had can provide the following clarifications: The comment below refers to the average maximum candela along the perimeter of the Wave Basin, so multiplying that average maximum by the number of poles does not yield any meaningful data. The stated average maximum candela level already takes into account the lighting from all poles. With the revised lighting CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1c�- CORAL MOUNTAIN RESORT PROJECT WRITTE IsigJ'i, �ieEcan&Jla I�veP�i �ieJlgcation referenced in the comment decreased from an average maximum of 93.4 candela to 79.2 candela. 2. The location with the highest candela level around the perimeter of the Basin is between pole 3 and pole 4, and that maximum is reduced from 912 candela to 769 candela with the revised 40-foot pole design. This location between poles 3 and 4 is located on the boardwalk/village side of the basin, as identified in Exhibit E to my August 22, 2022 letter. The Tables included as part of Exhibit D to my letter, showing the differences in technical specifications between the original 80-foot pole design and the revised 40-foot pole design, contain references to "South Property Line" and "North Property Line." We obtained clarification that these labels refer to "plan north" and "plan south" and have no relation to the actual property lines or orientation of the Coral Mountain site. In Exhibit E to my letter, "North Property Line" is shown as the line at the top of the exhibit (which is located along the wave machine side of the Basin) and "South Property Line" is shown as the line at the bottom of the exhibit. We apologize if these short -hand labels caused any confusion. 4. Based on this clarification, if the commenter is interested in the light levels along the southwest side of the Wave Basin (closest to Coral Mountain and the open space area), the average maximum candela is reduced from 383 candela to 4.13 with the revised lighting design, which makes sense because the light fixtures were reduced to 40-feet in height, located closer to the water surface, with less wattage per fixture. Please let me know if you have any further questions regarding the specifications of the revised lighting design. Thanks, Jim James D. Vaughn, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP jvau hg nkszrlaw.com 1 www.szrlaw.com Office: 805.446.1496 1 Direct: 805.446.76091 Mobile 805.551.0688 4695 MacArthur Court 4590 East Thousand Oaks Blvd. Suite 200 Suite 100 Newport Beach, CA 92660 Westlake Village, California 91362 From: Consulting Planner<ConsultingPlanner@laguintaca.gov> Sent: Monday, September 19, 2022 4:02 PM To: John Gamlin <igamlin@coralmountain.com>; James Vaughn <JVaughn@szrlaw.com> Cc: Witherspoon, Michelle<mwitherspoon@msaconsultinginc.com>; Depalatis, Paul <pdepalatis@msaconsultinginc.com>; Danny Castro <dcastro@lag uintaca.gov>; Cheri Flores <clflores@lag uintaca.gov> Subject: Question from a resident For discussion momentarily. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION This will be the basis of calculating Lux. My calculations are Based on the data "table" from their lighting company - Musco, as tabulated on the Exhibit you referenced- Exhibit C . This table is on a separate later sheet in Exhibit C, and is a summary of the light from the newer 40' pole and former 80' pole. My reading and calculations show the total candela at the South perimeter from the lower 40' pole is greater than the 80' pole. Specifically, the 40 foot pole puts out a total of 8,553.6 candela from 108 lights ( 79.2 candela per light times 108 lights ). The 80' pole only puts out 6,538 candela from 70 lights ( 93.4 candela times 70 ). Nicole Sauviat Criste Consulting Planner City of La Quinta 4 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Lauren Ogle <laurenogle88@gmail.com> Sent: Tuesday, September 20, 2022 10:52 AM To: City Clerk Mail Subject: Written Comments [full name, city of residence], Coral Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park To whom it may concern: My name is Lauren Ogle and I am a resident of Palm Springs, Ca in the neighborhood of Demuth Park. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Robert Ohda <bobode@att.net> Sent: Tuesday, September 20, 2022 6:51 PM To: City Clerk Mail Cc: Bob Ohda Subject: Written Comments from Robert Ohda re Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park Honorable Mayor, City Council, and City Officials of La Quinta. My name is Robert Ohda and I am a resident of Cathedral City. I formally request that you deny the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed development. The cumulative planned limitless development by the cities of the entire Coachella Valley will do irreparable harm to the beloved place we call home. We the current residents and stewards of this valley do not want the Los Angelization of our precious valley to continue. Thank you for your consideration. Sent from my Phone i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION September 20, 2022 La Quinta City Council, Oswit Land Trust is a non-profit 501 c3 land trust dedicated to the conservation of open space and critical wildlife habitat within the greater Coachella Valley area. We represent over 5,000 residents in the Coachella Valley who are invested in our efforts to conserve land, protect wildlife, and mitigate the effects of climate change on a local level. We are incredibly concerned about the proposed Coral Mountain Resort and Surf Park, a large and irresponsible development that will lead to the destruction of critically important wildlife habitat, loss of Indigenous cultural resources, and further limit equitable access to open space and nature in the Coachella Valley. Coral Mountain is home to the endangered peninsular bighorn sheep and provides critical resources needed during the lambing season. Countless species call Coral Mountain home and would be displaced with this development, representing an unforgivable loss of biodiversity in the Coachella Valley. It speaks volumes that every notable biologist and conservationist in the Coachella Valley has consistently shown up to oppose this development — we hope you will side with science and listen carefully to what they have had to say. The Coral Mountain Surf Resort is a luxury park that does not serve the public or reflect the wants or needs of Coachella Valley residents, many of whom the park will be inaccessible to. We urge you to consider the pleas from the residents of La Quinta and throughout the entire Coachella Valley in regards to this project. As elected officials, we hope that the council will lead with the best interests of your community, and your community's future, in mind. 9 �- Jane Garrison Executive Director, Oswit Land Trust CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Monika Radeva From: Paisley Ramstead <paisley@oswitlandtrust.org> Sent: Tuesday, September 20, 2022 3:48 PM To: City Clerk Mail Subject: Written Comments / Oswit Land Trust / Palm Springs / Sept. 21 Coral Mountain Resort Attachments: Coral Mountain Letter sept. LQCC .pdf 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. Please see the attached written comments from Oswit Land Trust in regards to tomorrow's agenda item for the proposed Coral Mountain Resort: Paisley Ramstead Executive Assistant, Staff Biologist oswitlandtrust.org CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: joni@palmcitybooks.com Sent: Tuesday, September 20, 2022 12:30 PM To: City Clerk Mail Subject: Coral Mountain Surf Park EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To whom it may concern: My name is Joan Padduck and I am a resident of Indio. I formally request that you deny the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Sincerely, Joan Padduck 45565 Torrey Pines Ct Indio CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Marge Pierce <mppierce55@gmail.com> Sent: Friday, September 16, 2022 5:19 AM To: Steve Sanchez Cc: Monika Radeva Subject: CVWD does not have your back 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. Madame Mayor and City Council Members, Per today's paper, CVWD Board President John Powell is throwing you under the bus. He fails to mention that CVWD assured you - in the Coral Mountain Resort EIR, during a historic drought - that water supplies were adequate for a surf resort. Their position of "our hands are tied" is nonsense. CVWD is fully responsible for letting this project get past the initial stages but they are choosing to shift the blame to you. You alone will be the culprit. It is disappointing that CVWDwill not change their stance on the adequacy of our water supply to better advise and support your decision. So we are counting on you to do the right thing and deny this surf resort. " CVWD is also facing criticism for agreeing to provide water for new surf parks and beachfront lagoons in the desert during a historic, 23-year-long drought, but Powell reiterated that legally, if a city or county has signed off on a new development and the district has available water, they must provide it." Thank you, Marge Pierce PGA West she/her/hers CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Adriana Ponce Murillo <adriana.poncem14@gmail.com> Sent: Wednesday, September 21, 2022 2:09 PM To: City Clerk Mail; Consulting Planner; Jon McMillen; kfitzpatrick@laquibtaca.gov; Linda Evans; Steve Sanchez Subject: Coral Mountain Project EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Good afternoon, I am writing this email with the utmost respect. I love the city of La Quinta. My parents purchased their home in the La Quinta Cove where I grew up. It is a beautiful gem that I love. I have seen not only La Quinta but the entire Coachella Valley grow and strengthen with time. However over the last few years my concerns around the lack of water conservation in the Coachella valley. As the Coachella Valley grows keeping grass green and artificial lakes full is a growing issue. Creating new Resorts only works against our target as a community to conserve water. Coral Mountain will only add to the concerns many residents share regarding this issue. We have had residents in the Eastern Coachella Valley litteraly without access to clean drinkable water and local residents fined for using too much water on their properties. With all that being said Coral Mountain is a project residents do not approve of we do not need more underpaying job's. We need to work towards more water conservation. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Kathleen Fitzpatrick Sent: Sunday, September 18, 2022 3:28 PM To: Rick Poynter Cc: Monika Radeva; Jon McMillen Subject: Re: Wave Pool- please read, don't just delete. Follow Up Flag: Follow up Flag Status: Flagged Rick, Please let me assure you that we all read every one of the emails we receive. We usually don't reply to them when they regard an open item on the agenda. However, I want you know that I did forward your comments to the City Clerk and the Consulting Planner in order to assure your comments are part of the public record. Thanks for sharing your expertise and thoughts. Kathleen Get Outlook for iOS From: Rick Poynter <desertpoynt@gmail.com> Sent: Sunday, September 18, 2022 2:09:21 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Subject: Wave Pool- please read, don't just delete. ** 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. ** My name is Rick Poynter and I am a full time resident in the Trilogy community located near the proposed wave pool. I am a licensed C-10 Electrical Contractor in the State of California with an extensive background in lighting application and projects. The proposed lighting for the Wave Pool and surrounding areas will completely destroy the dark skies in this area. I have worked with engineering companies for over 43 years and have learned that engineering companies are just like a good account, they can crunch the numbers and twist them in any way possible to achieve their end goal. I car tell you as a licensed contractor that the lighting in that area will create a "Glow" in the sky that will be seen for many miles. The way the lighting will be set up within the proposed area even with the reduced pole height will not only have direct lighting but reflective lighting issues. This will actually intensify the glow of light in the areas surrounding the park not to mention it will light up all the mountains in the immediate area. This region of La Quinta was set up to be a "Retirement" area for single-family homes, not an amusement park community. It completely puzzles me why the builder has chosen this end of La Quinta to put this venue? They are missing a golden opportunity of relocating it to the area around the new arena that is being built in the valley. It will not only get more business but that area is perfect for this type of venue. Please vote against this project. Please consider as our Elected Officials what the approval of this project will mean to the people of this area and the impact it will have on their lives. Please deny this project from moving forward. Thank you for you time, Rick Poynter CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT ff4)TJV'-2S5VMENTS IN OPPOSITION desertpoynt@gmail.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Consulting Planner Sent: Sunday, September 18, 2022 3:26 PM To: Kathleen Fitzpatrick; Jon McMillen; Monika Radeva Subject: Re: Wave Pool- please read, don'tjust delete. Follow Up Flag: Follow up Flag Status: Flagged Thank you Kathleen, we had not gotten this one. We will add it to the public comments for Wednesday's meeting. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov> Sent: Sunday, September 18, 2022 3:23 PM To: Jon McMillen <jmcmillen@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov> Subject: Fwd: Wave Pool- please read, don't just delete. Not sure if you all got these comments from Rick. Get Outlook for iOS From: Rick Poynter <desertpoynt@gmail.com> Sent: Sunday, September 18, 2022 2:09:21 PM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov> Subject: Wave Pool- please read, don't just delete. ** 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. ** My name is Rick Poynter and I am a full time resident in the Trilogy community located near the proposed wave pool. I am a licensed C-10 Electrical Contractor in the State of California with an extensive background in lighting application and projects. The proposed lighting for the Wave Pool and surrounding areas will completely destroy the dark skies in this area. I have worked with engineering companies for over 43 years and have learned that engineering companies are just like a good account, they can crunch the numbers and twist them in any way possible to achieve their end goal. I car tell you as a licensed contractor that the lighting in that area will create a "Glow" in the sky that will be seen for many miles. The way the lighting will be set up within the proposed area even with the reduced pole height will not only have direct lighting but reflective lighting issues. This will actually intensify the glow of light in the areas surrounding the park not to mention it will light up all the mountains in the immediate area. This region of La Quinta was set up to be a "Retirement" area for single-family homes, not an amusement park community. It completely puzzles me why the builder has chosen this end of La Quinta to put this venue? They are missing a golden opportunity of relocating it to the area around the new arena that is being built in the valley. It will not only get more business but that area is perfect for this type of venue. Please vote against this project. Please consider as our Elected Officials what the approval of this CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC IHHEARI INv1GIvITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT project will mOean to tTe peop�e o�tiis area and the impact it will have on their lives. Please deny this project from moving forward. Thank you for you time, Rick Poynter (714) 267-2075 desertpoynt@gmail.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Christine Ramos <iamthedesertassistant@gmail.com> Sent: Wednesday, September 21, 2022 8:33 AM To: City Clerk Mail Subject: Written Comments Coral Mountain Surf Park Submission EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To whom it may concern: My name is Christine Ramos and I am a resident of La Mesa in Palm Springs. I formally request that you deny the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Thank you Christine Ramos CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Kailah Rose <kailahrose@gmail.com> Sent: Tuesday, September 20, 2022 11:07 AM To: City Clerk Mail Subject: Written Comments [Kailah Rose, La Quinta], Coral Mountain Surf Park Submission 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. Re: Coral Mountain Surf Park To whom it may concern: My name is Kailah Rose and I am a resident of Cordoniz in La Quinta. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Thank you, Kailah Rose CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Justin Schneider <justin24601 @gmail.com> Sent: Tuesday, September 20, 2022 11:31 AM To: City Clerk Mail Subject: Written Comments Justin Schneider Palm Springs, Coral Mountain Surf Park Submission ** 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. ** Re: Coral Mountain Surf Park To whom it may concern: My name is Justin and I am a resident of Palm Springs. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Justin Schneider Sent from my iPhone i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Robert Schneider <rbtsch@gmail.com> Sent: Tuesday, September 20, 2022 8:09 PM To: City Clerk Mail Subject: Robert Schneider, Palm Springs, re: Coral Mountain Surf Park 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. Re: Coral Mountain Surf Park To whom it may concern: My name is Robert Schneider and I am a resident of Palm Springs. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat -rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. Sent from Whone CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Ryan S. <ryansbca@gmail.com> Sent: Tuesday, September 20, 2022 12:37 PM To: City Clerk Mail Subject: Written Comments by Ryan Shurtleff of Palm Prings about Coral Mountain Surf Park Submission 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. Re: Coral Mountain Surf Park To whom it may concern: My name is Ryan Shurtleff and I am a resident of Palm Springs, Warm Sands neighborhood. I formally request that you deny the the Andalusia Specific Plan and general plan amendments to allow for the development of the Coral Mountain Resort project. The project is a blatant misuse of valuable resources in a time of drought and the developer has not addressed this concern. Coral Mountain is a habitat - rich area that supports the endangered peninsular bighorn sheep during lambing season as well as countless other species that support the greater Colorado Desert ecosystem and a culturally significant space that we cannot allow to be lost to development that serves only the few who can afford to recreate at the proposed resort. Please do right by the citizens of La Quinta and across the Coachella Valley by not allowing this development to take place. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Christina Calderon Sent: Monday, September 19, 2022 2:16 PM To: City Clerk Mail Cc: Monika Radeva Subject: FW: Surf Park Project Follow Up Flag: Follow up Flag Status: Flagged FYI ...... see below. --a Chdatina CWdaran I cR H �*v Commurrky Ramran Clgv of La Quinto 76 495 Calla Tam pia 7LaQuin to, CA922 3 PH. 760.777.71W yrw .playIrdagWntm.aom From: City of La Quinta, CA <laquinta@enotify.visioninternet.com> Sent: Monday, September 19, 2022 1:42 PM To: Christina Calderon <Ccalderon@laquintaca.gov> Subject: Surf Park Project 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. Message submitted from the <La Quinta, CA> website. Site Visitor Name: Dave Watro Site Visitor Email: dwatro@aol.com Hi, Writing form outside your area but still want to express my concern that your city is considering approval of a surf park. A surf park in the desert when we are in the midst of a life changing drought? A surf park when many of us in Los 1 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 10- CORAL MOUNTAIN RESORT PROJECT Xnge�es alre nOo w en g olur�lawrlSSatTall In an effort to try to help? A surf park when there is an ocean less than 2 hours from your doorstep? We and more so you in the Coachella Valley are not in any position to be wasting any water, not a drop so please do not allow the building of something so wasteful as a surf park in the desert. If nothing else, think of the optics but be better than that and think about the people of California! Dave CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION From: Dorian Whitney <dorian.whitney@gmail.com> Sent: Monday, September 19, 2022 10:24 PM To: Linda Evans; Robert Radi; John Pena; Monika Radeva; Danny Castro; Kathleen Fitzpatrick Subject: NO TO WAVE POOL 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. These people said it so well. It's shocking to see what you guys moved to La Quinta for, to sell out this community. It's shocking to read your backgrounds and see that a majority of you at La Quinta city hall are not even from here but you come here to mess things up. That's Nuts. Once Again, this is our DRINKING WATER. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION 10.16 i Desert Sian 8h oesertsun.com La Quinta City Council to weigh contested Coral Mountain surf resort at meeting Wednesday d� bike �D Comment �> Share Q1 All comment v • Ck Eric Frankson "Here's how to watch... in disbelief." 5h I. V- Rc-p1V Bruce Dodd This is a tipping point for this commLinity. Are we going to put livability over commercial interest. Are we going to became Disneyland! Are the ccmmunities around Coral Mountain going to suffer so that out of town developers can Cash In. Not to mention that this is Incredibly Irresponsible in a Drought that is only going to get Worse! The legacy of the people that vote for this project is going to be the End of La Quinta as we know it and the beginrirg of the Las Vegasication of La Quinta. Write a cc i-nm e nt, .. car Naa a-) N •4 09, -- Wwch Hews Feeds Notifications Meng CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN OPPOSITION Dorian WRITTEN PUBLIC COMMENT CITY COUNCIL SPECIAL MEETING -IN SUPPORT- SEPTEMBER 21, 2022 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 Bob amad Penny Boehm PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT 61285Topaz Drive 1A QuurtI CA 92253 000 Pe:x,y C*u 9ds 512-4213 mt Aho- 760,777-4362 x September 15, 2022 par nbor�gw rk:'«. a blx�knl hnrr~,r,19�4�.caR+ � f Dear Honorable Mayor Evans, Mayor Pro Tempore Fitzpatrick and Councilmembers Pena, Radi, and Sanchez: As a resident of Trilogy in La Quinta, my family reaffirms our support of the Coral Mountain Wave Development. We believe in giving the applicant the extra 60 days to address concerns of your Council and our residents, the project has improved immeasurably. I have expressed my concern in the past that the opposition to this development has made it difficult for neighbors to offer their public support for fear of intimidation, harassment, and bullying tactics. Also, the misinformation in the public arena by the opposition has many of us very troubled. The mailer last year by the opposition was not factual; and one of our Trilogy residents was recently called out in public by a Rancho Mirage official for her misrepresentation of the facts regarding water. This must be acknowledged addressed. Attached to this letter are signatures of more than 76 residents from the Cove, Mt. View Country Club, Andalusia, and Trilogy. Please note that there are many, many more who support but are reluctant to so state for the reasons outlined in paragraph 2 above. As has been the history of the good stewardship of the City Council, this project should be approved based on its merits and public benefits which have been demonstrated! It should NOT be denied based on the "optics" created by false premises which are not rooted in the actual facts established by the City's Environmental Impact Report. As I testified before the Planning Commission and your Council, I shall do so again on September 21, 2022, when I urge you to support this development. Thank you for all you do to make this city the one I chose after living in 6 other California cities, 10 states and one foreign country. SiLcerely, Penny Boehm 61285 Topaz Trilogy 92253 Attachment: original signed support for Coral Mountain Wave Development, 4 pages CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT We, the attached signatories, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. The strength of our conviction is based on the following facts: 1. The ElF . The document is solid, with City staff and Planning Commission recommending certification. 2. Design Modification:. In spite of the City's solid EIR, the applicant has made the following changes in a good faith effort to resolve community concerns: a. Wave Basin Lights. The light poles have been cut in half from 80 feet to 40 feet. The main objection expressed by opponents at the public hearings has been addressed (the top of the lights will not be visible from outside the property). The lights comply with 'Dark Sky" requirements. b. Special Events. The developer will not hold events for two years after the surf wave opens to allow actual data to be collected and submitted with the required discretionary applications. c. Building Heights. The Developer has eliminated the proposed tower and reduced the height of the hotel from 45' to 40'. It will not be visible from the perimeter of the project. d. Noise. All speakers are now at the ground level of the surf wave. The noise expert provided updated information showing the noise levels at the property line are insignificant. e. Neighbor Issues. The developer has worked in good faith with the immediate neighbor to address concerns. 3. Public Benefits. The developer has substantially upped the ante on the benefits to the community in addition to other benefits already included: a. Water Use. The developer has (i) reduced the size of the surf wave basin, (ii) taken out lake features, and (iii) is sponsoring a La Quinta community -wide turf removal program that will remove existing grass equal to three times the amount of non -drinking water that the surf wave uses each year. This will permanently save massive amounts of drinking water currently being pumped from the aquifer to water grass in trade. This is a win for La Quinta and conservation. b. Electricity. Coral Mountain is taking the lead to address an impending power shortage at the 581h substation that could cripple economic development and exacerbate instability of the grid for existing users. c. Surf Wave for Charities and City. The developer is offering wave time to benefit local non -profits and City recreation programs. d. Contribution to Social and Health Causes. The developer will contribute funds to La Quinta and East Valley non -profits and service organizations that could be used to fund clean water programs, community food security, and other needs for underserved communities. In summary, we believe the developers, consultants, and City staff have fully vetted this project and it will be a benefit to our community. Please vote "YES" to approve Coral Mountain! CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT W RI-U� 'AjjlJ fort Petitioii We, the undersigned, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. Date Full Name Signature At 4XCII,A 1* � t / / + MOWZWO in L pim e P. r r F + 4 FIRM , r MMM - { y AF iL ! r • + � + + + f f�"LM�� fir Opp 1 �F _ - ' CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT Coral MotuYtain Support Petition We, the undersigned, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. 1Signature .IAN �. _ ZZ r P"Flow, � ' Irra A I ifs FS ?10 KI MOON f 4W NO I ! ��fL&Fk A. t�IM-W1110N.Ar. EVE r L� 2 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN C �1�IENTS IN.SU PORT q- or`1 ,01111tc'illl A11ppOrt Petition We, the undersigned, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. 3 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN CO ENTS IN SUPPORT Cora onntahi Support Petitioii We, the undersigned, express our support for the Coral Mountain wave project. The applicant has gone to great lengths to satisfy community concerns. The merits of this proposal and its public benefits should far outstrip unsupported objections expressed by opponents and any concerns the City Council have regarding its approval. Full Name _9 Ritz ■ x + `-IOU ?.tea_ • ,r, .r �'� a1 � y I � do, f rr = 4 f i M CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT DIVERSIFIED f September 20, 2022 Mayor Linda Fvans Mayor Pro Tem Kathleen Fitzpatrick Crauncil MiemberJohn Pena Council Member Itr)bt?rL Hadi Council Member Steve Sanchez City of La Quinta 7949.5 Calle Tampico La Quinta, CA 92253 Re, Support for Coral Mountain Resort Dear Mayor Evans and City Council Members - Our company, Diversified Pacific, is a real estate development firm who specialize in larld entitlernerrt and development in San Bernardino and Riverside counties. Currently, our company awns the community adjacent to the Coral Mountain Resort project (the Project) which is comprised of 81 future single-family homes, diversified Pacific supports the planned development known as Coral Mountain Resort. The development of Coral Mountain Resort wilt result in an increase of business opportunities, offer aid to California's ongoing water issue, and improve the City's infrastructure. Diversified Pacific understands the cornrrmnities' sensitivities regarding water use of the Project. We believe the Developer has more than sufficiently addressed these concerns, The Coral Mountain Resort proposal includes a partnership with Coachella Valley Water District on a turf reduction program. This program anticipates the conservation of approximately 55 milliun Sall-ans. of water annually through the removal of two million square feet of turf. The turf reduction program is anticipated to save more than two times the water loss with the Project. Additionally, the Project is expected to use less water than a golf course which is already approved for the property. The Project also delivers am essential infrastructure upgrade to the substation on Avenue 58. This upgrade will allow currently stalled projects and future projects in the City to he developed. This improvement offers a pathway to achieve consistent growth, increase property va I ues, and provide rrew business opportunities for the City. Coral Mountain Resort's development will stimulate economic and environmental growth vital to the prosperity of, La Quinta, Diversified Pacific is proud to be a part of the local community and recognize that the Coral Mountain Resort will positively impact both residents and businesses. We strongly encourage and urge you to support the Coral Mountain Resort project. Sincere IV, M atthe A. rda n Co•Mang' g Member 10521 CivicCer,[er Drive, Ran dho CL:uamonga, California 91730 Telephone (�0q) �81 1150 5AX (909) 481-11M CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Jake Sowder<JSowder@diversifiedpacific.com> Sent: Tuesday, September 20, 2022 2:08 PM To: City Clerk Mail Subject: Written comments, Mathew Jordan, Rancho Cucamonga, Comment Letter for Coral Mountain Resort Attachments: 20220920142619611.pdf 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, I've attached a comment letter for the City Council Special Meeting, Wednesday, September 21, 2022, at 4:00 P.M for the proposed Coral Mountain Resort project. Thank you, Jake Sowder Assistant Project Manager 10621 Civic Center Drive Rancho Cucamonga, CA 91730 Direct/909-373-2637 Cell/714-329-5438 i s owdern diversifiedpacific. corn DIVERSIFIED CONFIDENTIALITY NOTICE: This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone. Thank you. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Beatrice Eslamboly <beatrice@cvstrat.com> Sent: Wednesday, September 21, 2022 11:01 AM To: Mark Tadros Cc: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Consulting Planner; Danny Castro; City Clerk Mail Subject: Re: Coral Mountain Wave Project - Support 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. Thanks buddy!! Sincerely, Beatrice Eslamboly Account Manager, Marketing Services DEVELOPER. WOO. COMMUNICATION. EMPATHY. RELATOR. T T E �15 111rWFICM N'11-COPTICle Tel760.776.1766 1 Cell213.926.3378 beatrice(a@cvstrat.com On Sep 21, 2022, at 10:56 AM, Mark Tadros <tadros.mark@gmail.com> wrote: To Whom it May Concern, As a resident and community member directly on the outskirts of this project, I would like to voice my support of this project. I believe that this project will not only bring economic opportunity to the Eastern Coachella Valley but much needed infrastructure, heightened awareness of the area, and entertainment opportunities. I hope the council votes in favor of this project. Thanks, Mark A. Tadros President Aziz Farms/Date Harvest Festival 760.784.5112 www.yellowdates.com www.cvharvestbox.com www.dateharvestfest.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT FDO"m i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Kristin Hermann <kmhermann@gmail.com> Sent: Monday, September 19, 2022 11:45 AM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; City Clerk Mail; Steve Sanchez Subject: Coral Mountain Wave Park 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. Dear Madam Mayor and Distinguished Councilpersons, I am writing to you today to convey my support for the wave park planned for Coral Mountain. My husband and I have been full time residents of the valley for 27 years, and La Quinta residents since 2006. During our tenure in this beautiful valley, we have seen a lot of changes, and we have seen time and time again that human nature is resistant to change. People were up in arms about Trilogy and Griffin Ranch being built; I find it interesting that the residents of these particular communities are the loudest opponents of the Coral Mountain wave park. Something will be built there - whether it is the wave park or another golf course community. I am excited at the prospect of having something different in our City; we have plenty of golf courses, in my opinion. The designation of an enclave of short term vacation rentals will benefit the City greatly, and help keep tourism levels where they need to be to continue the City's amazing work of truly being the Gem of the Desert. The developer has adequately addressed many of the concerns of the vocal opponents, and the developer has mitigated environmental impacts as deemed necessary by the governing agencies. I encourage you to vote in favor of the project. Please note that my husband and I are not personally involved in this project, nor is our firm. Best regards, Kristin Moore Hermann 50905 Calle Quito La Quinta, CA 92253 kmhermannC ,mail.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Pam Hunter <phunter2@dc.rr.com> Sent: Tuesday, September 20, 2022 4:34 PM To: Linda Evans Cc: City Clerk Mail Subject: Coral Mountain Wave Project - Support EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To: La Quinta City Council Date:September 2022 As a retiree and someone who enjoys walking and outdoor activities, I am very much in favor of the Coral Mountain Project. I have received information in the mail, reviewed the website, and found that the developer is investing in improving hiking trails that I can access as a community member. Creating a public trail connection through Coral Mountain that links to other trails outside the development is welcome news. I also understand that efforts will be made to preserve ancient rock art panels at the base of the Coral Mountain, and an old adobe structure on site. Preserving La Quinta's unique history is important to me, and I appreciate efforts to protect them. I fully support Coral Mountain. Thank you for your time. Pamela Hunter, Sent from my iPhone 44940 Calle Placido 1 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Tom McDaniel <tr.ranch@gmail.com> Sent: Monday, September 19, 2022 11:59 AM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Consulting Planner; Danny Castro; City Clerk Mail Subject: Coral Mountain Wave Project - Support Attachments: Video.MOV; Video_1.MOV 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. Dear City Council Members: I am writing this letter in support of the Coral Mountain Wave Project and Development. My name is Tom McDaniel. My wife Patricia and I have owned our home at 56-405 Riviera located within PGA West for 22 years. We are longtime members of both PGA West and The Quarry golf clubs. I am an experienced executive having served as a CEO and a Director of a number of energy related companies. I have submitted several letters of support for the Coral Mountain Project to the City Council addressing the effective environmental impact mitigations put forward by the project developers and the benefits to La Quinta of diversifying the lifestyle and recreational options for current and future residents and also visitors to La Quinta. My focus in this correspondence is focused on the generational shift toward an expanded set of lifestyle, and health/fitness options beyond the current focus on golf. We are a family of ten. Our daughter and son are both married and have four children between the ages of 8-13. The recreational interests of my wife and I are focused on golf and tennis. Although our children and grandchildren also share our love for these sports, their recreational interests are much broader with a heavy emphasis on water related sports and in particular surfing. Our son in law is a former professional surfer. He is still active in the surf industry and is also the founder of Operation Open Water, a nonprofit, addressing the mental and physical health of our first responders through the healing power of the ocean. Surfing, open water paddling and breath management techniques are key components of its programs. Our son also is an accomplished surfer and all four grandkids are surfing. Our son in law has been to Surf Ranch, the prototype wave basin development, on numerous occasions as a coach for professional surfers looking to further develop their technique. There are many misconceptions about the surfing genre from its early depictions in film. I can say from direct experience that the sport has evolved into a healthy lifestyle and fitness option for all age groups worldwide. I visited the Surf Ranch in early July to experience the facility and its operation first hand. My son in law and granddaughter were invited to attend Huntington Surf and Sport's family and friends day at Surf Ranch. In total, there were around forty participants for the "family day" spanning all age groups... grandparents, children, grandchildren and experience levels from beginners to professional surfers. I also wanted to be able to address questions such as noise, water use and the actual construct and operation of the wave basin. I understand that there have been a number of improvements to the design and operation of the wave basin and wave generation/control/water management/ treatment equipment since the construction of Surf Ranch. That said, I found the noise level to be minimal during the surfing sessions and attenuated very quickly as you moved away from the i CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT 6VcRM1itJy ETNA2tual ope tIon'SoY�heOwave generating equipment was smooth and efficient. I was most impressed with the family oriented experience that the wave basin provides. The waves can be tailored to any experience level based upon the angle and speed of the wave generator. The advanced surfers can call for a fast and steep wave to challenge their skills and the novice can call for a slower and rolling wave " a Waikiki " to give them a long and confidence building ride. The safety of the surfers in the water is a priority with lifeguards stationed along the wave basin. My granddaughter, a beginning surfer, was having a difficult time getting into the waves during her first session. All rides are filmed; and, after the session , a coach used the film to help her improve her technique. In the next session (video attached), she caught her first wave, applied the teachings and rode the wave all the way to the end of the basin. Her joy and confidence was overflowing. It was an experience that would take years to replicate in the ocean because of the unpredictability of wave conditions and heavy competition for the waves that do develop. All of the children were able to watch their parents surfing sessions and then get into the water with them to experience the waves for themselves. The following link is to a video capturing the family aspects of Surf Ranch Surf Ranch VIDEO link. I've also attached several pictures that I took as a proud Father and Grandfather experiencing the joy of the day. I hope my comments today add a helpful addition to the massive amount of work and input which has been developed to assist the City Council with its deliberations and ultimate vote. If approved, the Coral Mountain Project will be the most water and energy efficient development in La Quinta and provide the City with an expanded lifestyle and health/fitness option for its residents and visitors while also providing economic benefit to the City. PLEASE VOTE IN FAVOR OF THIS PROJECTII I Tom McDaniel CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT 3 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Consulting Planner Sent: Wednesday, September 21, 2022 8:10 AM To: Amy Moore; Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro; City Clerk Mail Subject: Re: Coral Mountain Wave Project Supporter Ms. Moore, Thank you for your comments. They will be provided to the City Council for their meeting tonight. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Amy Moore <amy@vintagegroupre.com> Sent: Wednesday, September 21, 2022 8:01 AM To: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; City Clerk Mail <CityClerkMail@laquintaca.gov> Subject: Coral Mountain Wave Project Supporter ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Good Morning, I am writing to show my support for the Coral Mountain Wave Project. I am an owner/resident of La Quinta and realize the magnitude of benefits this project would bring to our community and the Coachella Valley. I appreciate the Council and its careful consideration to our future. Thank you for your service, I know it's not an easy one, but we need and elected our leaders to make these important and valuable decisions for our community! Amy & Greg Moore 81793 Alegre La Quinta, CA 92253 Amy & Greg Moore 52366 Hawthorn Court La Quinta, CA 92253 Have an amazing and blessed day and remember to smile 0, it increases your face value. Warm Regards, Amy Moore, CMCA, Broker CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT F�r�e IYEP COMMENTS IN SUPPORT 855-403-3852 x 301 800-996-3051 - FAX Orange/LA County 24422 Avenida de La Carlota, Suite 450, Laguna Hills, CA 92653 Inland Empire/San Diego 10737 Laurel Street, Suite 120, Rancho Cucamonga, CA 91730 ; 32605 Temecula Parkway, Suite 218, Temecula, CA 92592 Coachella Valley 77-772 Flora Road, Suite A, Palm Desert, CA 92211 Northern California 1610 R Street, Suite 300, Sacramento, CA 95811 Nevada 3753 Howard Hughes Parkway, Suite 200, Las Vegas, NV 89169 Arizona 7272 E. Indian School Road, Suite 540, Scottsdale, AZ 85251 amy@vintagegroupre.com www.vintagegroupre.com CaIDRE#: 01979217 This e-mail message, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and/or confidential. 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We do not accept liability for any loss or ra CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Alan Pace <apace@petra-inc.com> Sent: Tuesday, September 20, 2022 11:12 AM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; City Clerk Mail Subject: FW: Support for Coral Mountain Resort Project 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. Mayor and Council Members. Please consider this email my Support for the Coral Mountain Resort Project Would it be a bad idea to approve a project that brings; Housing to a City that needs Housing, Neighborhood Commercial Services to an area that lacks such services, new power to an area that is about to be shut down to development due to lack of electrical service, thousands of construction jobs and hundreds of permanent Jobs, and new Infrastructure including new trails and, a recreational facility anchored by Wave Basin that can be available to non -profits? Not a bad idea. Warmest regards, A Ca.>r,L. Pa c, , Senior Associate Geologist Petra Geosciences, Inc. 42-240 Green Way, Suite E Palm Desert, CA 92211 Cell: (760) 250-9747 aaace(@t)etra-inc.com www.petra-inc.com It ETRA GEOSGIENOES"' ` Please consider the environment before printing this page DISCLAIMER: This email and any attached files contain confidential information belonging to Petra Geosciences, Inc. which is legally privileged. 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We cannot accept responsibility for any transmitted viruses. kwololwa - @ 1310 mr• Ilk ■ti .% WV -I.■ A Gt"Scrt waA�ys cuirdrGs esi[�cist�an CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT i SUME COMPANY Dear City Planning Commission, Co-micill & Staff, Sunrise Company supports the Coral Mountain resort development in La Quinta. Sunrise Company has been developing master -planned communities in the Desert for aver 55 years. We are currently developing Andalusia C.oumry Club in La Quinta and'roscana Country Club in Indian Wells. We are not speaking on behalf of individual Andalusia Country Club residents but on behalf of Sunri'w Company, We respect all the personal opinions of ❑sir residents, whether they support or oppose Coral Mountain. Our main priority is ensuring the long-term success of Andalusia, both the Club and the residential community, We believe Coral Mountain will enhance the sutrro► riding communities and the overall La Quinta community. After studying the changes the Coral Mountain developers have made to address lighting impacts, water usage, traffic and noise, we believe they have successfully mitigated all the concerns raised during the approval process. Their reduction of the height of the lighting poles from 80 feet down to 40 feet in combination with their use of directed lighting sources will place the fixtures out of the line of sight and will avoid light spillage into the surrounding communities. Their proposed substantial financial investment in a water conservation program will more than offset the water usage of the wave basin and will generate ongoing benefits to all La Quinta residents and businesses. The impact of the proposed 40- megawatt transformer upgrade to the Avenue 58 substation is also significant and benefits existing and future I.a Quinta residents and developments. Sunrise Company has a legacy of developing successful lifestyle cotY munities in the Coachella Malley including in the City of La Quinta that spans more than 50 years and we have a significant investment in Andalusia Country Club. We would not support a development at Coral Mountain which we felt would create harry to Andalusia Country Club, the City of La Quinta ur to our reputation, ror years, we have seen the demand for other types of developments besides traditional country club golf communities, The Coral Mountain development allows for a different and exciting new kind of residential community for the City. Coral Mountain and other new developments like Talus M11 continue to shift the center of the Desert and bring prestige and attention to La Quinta. Not only froth new residents but residents of at other Desert cities and out-of-town guests supporting the businesses within the City. We believe that oats only bring sustained economic vitality to La Quinta for decades to come. Thank you for your due diligence on this and al I other developments. Randall Hone Chief Executive Officer Sunrise Company 300 Hagle Dance Circle • Palm Dewrt, California 92211 - 760.772),7227 -teI * 760.772_7299 -iax . www.sunriseeo.c= CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Mr. Bone, Consulting Planner Monday, September 19, 2022 1:16 PM Randall Bone Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Danny Castro; City Clerk Mail Re: Sunrise Company letter of support for Coral Mountain Follow up Flagged Thank you for your comments. They will be provided to the City Council for their meeting of September 21st. Nicole Sauviat Criste Consulting Planner City of La Quinta From: Randall Bone <rbone@sunriseco.com> Sent: Monday, September 19, 2022 12:21 PM To: Consulting Planner <ConsultingPlanner@laquintaca.gov> Cc: Linda Evans <Levans@laquintaca.gov>; Robert Radi <Rradi@laquintaca.gov>; Kathleen Fitzpatrick <kfitzpatrick@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Steve Sanchez <ssanchez@laquintaca.gov>; Jon McMillen <jmcmillen@laquintaca.gov>; Consulting Planner <ConsultingPlanner@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov>; City Clerk Mail <CityClerkMail@laquintaca.gov> Subject: Sunrise Company letter of support for Coral Mountain 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. Please see attached the letter of support for Coral Mountain from Sunrise Company. We greatly appreciate all of the time and energy the City of La Quinta has put into working on Coral Mountain and ensuring that it is a benefit to the City of La Quinta and the surrounding communities. Sincerely, Randall Bone .dot RANDALL BONE Chief Executive Officer main 970-920-3255 1 fax 970-920-3258 rboneCcDsunriseco.com I sunriseco.com SUMEE 0115 Boomerang Rd I Suite 5201 B I Aspen, CO 81611 COMPANY CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT low IN SUPPORT For Over Fifty Years, Builder of America's Finest Communities CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Mark Tadros <tadros.mark@gmail.com> Sent: Wednesday, September 21, 2022 10:57 AM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; Jon McMillen; Consulting Planner; Danny Castro; City Clerk Mail Subject: Coral Mountain Wave Project - Support EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. To Whom it May Concern, As a resident and community member directly on the outskirts of this project, I would like to voice my support of this project. I believe that this project will not only bring economic opportunity to the Eastern Coachella Valley but much needed infrastructure, heightened awareness of the area, and entertainment opportunities. I hope the council votes in favor of this project. Thanks, Mark A. Tadros President Aziz Farms/Date Harvest Festival 760.784.5112 www.yellowdates.com www.cvharvestbox.com www.dateharvestfest.com CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT WRITTEN COMMENTS IN SUPPORT From: Erik Christianson <echristianson@hoffmanland.com> Sent: Tuesday, September 20, 2022 10:50 PM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez; City Clerk Mail Subject: Public Comment of Support - City Council Meeting September 21, 2022 (Coral Mountain Project) - The Hoffman Company 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 City Council Members, My name is Erik Christianson with The Hoffman Company. As a real estate land broker I've sold over 150 land development properties in the Coachella Valley over the past 15 years, which have brought quality residential, hospitality, and commercial developments to the desert. In my opinion, this developer (CM Wave Development, LLC,) has more than adequately compromised on all of the community concerns including a reduction of the size of the wave basin - an amenity which will only use approximately 8% of the water used by a typical golf course. I believe this project will be a game changer for the City of La Quinta, and offers a new fresh and unique amenity/development concept. The Coachella Valley and the City of La Quinta is known for its diverse amenities, tourism, and quality home and hospitality projects, and I hope that the City Council approves this very well thought out development, and will continue its reputation in this regard as a competitive city in the valley. In summary, Coral Mountain will bring much needed development, public benefit, jobs, and revenue to the city and area retail, restaurants, and other businesses; which will particularly be needed in the potentially uncertain economic times ahead. I am 100% supportive of this project. Thank you for your time. Sincerely, Erik L. Christianson I BRE #01475105 Senior Vice President I Land Broker The Hoffman Company I Coachella Valley 18881 Von Karman Ave., Suite 150, Irvine, CA 92612 777 E. Tahquitz Canyon Way, Suite 200, Palm Springs, CA 92262 echristianson@hoffmanland.com I www.hoffmanland.com Lwdfitg Ihr Lmmi krokrrogo lndurrrp Li ,r5lr Yl. . .6...A Confidentiality Notice: This email may contain information that is confidential and privileged information for the sole use of the intended recipient(s). If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission including attachments. If you have received this communication in error, please notify the sending immediately and delete the transmission and any file attachments. Disclaimer: All information contained in these emails and attachments do not consist of financial advice, and all current or prospective property Sellers, Buyers, or Borrowers should conduct and rely on their own research. HAND OUTS CITY COUNCIL SPECIAL MEETING SEPTEMBER 21, 2022 CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 - HANDOUT BY RESIDENT CAROL BERG PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT Thank you, Mayor Evans and Council members for giving me this opportunity to share my opinions on the Coral Mountain project. My name is Carol Berg & I'm a full time La Quinta resident., recently moved here after over 5 decades in the Bay Area, where I was born & raised, We left the Bay Area & came to La Quinta precisely because of all the major, massively negative changes in the Bay Area.over the last 50 years due to over development. Traffic, pollution, noise, cost of living, infrastructure support struggles, etc. Let's please NOT let that start happening in little, bucolic, La Quinta. I would like first to address the electrical consumption problems the Coral Mountain project will put on our area. The developers have offered to put in a new substation as a way to offset any passible electrical issues caused by the extra load the park will bring. An extra substation only puts the park & nearby area in a MORE advantageous position when the brown outs & blackouts come. A new substation DOES NOT add any extra electricity to the system to support the city of La Quint@. It DOESN'T CHANCE the EXTRA load the park will -tale out of the grid, The Kelly Slater technology has been acknowledged by the Artificial Wave Community as requiring the most electrical energy to operate its machinery which needs to create waves which push 150 Million Pounds of Water. The required substation will dust put them in a more advantageous position when the strain does happen. It will use millions of additional kilowatts on a daily basis during the summer that would otherwise be allocated for the rest of La Quinta. We need to be clear on exactly how that will works w th an aging electrical infrastructure. CV1 D Vice President Castulo Estrada spoke a month ago at a Water Conservation Workshop at COD attended by oil the leaders of the California Water Boards and leaders of the Eastern Coachella CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 - HANDOUT BY RESIDENT CAROL BERG PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT Valley. He said, "Coachella Valley Water District is committed to managing a sustainable groundwater basin to support the local growing economy and to provide reliable servr'ces to ovr current and future customers.,. "The conservation actions we take. today will encourage water -use efficiency and move us toward meeting the state's goal of a 15 percent overall reduction in water use and making water conservation a way of life." How does USING 20M gallons or more of water annually for this amusement park fit in with a commitment to a 15% overall REDUCTION in water conservation by the CVWD? Especially when the residents of La Quinta are now being fined by CVWD every month for NOT cutting water use by 10%.1 hat kind of message are you sending to the La Quinta citizens with the approval of a Surf Park project that will use 60M gallons or more of Colorido River water annually, water that WON'Tgo into the aquifer, when we're being fined for NOT conserving water? This year the federal government as well as the CA governrnent weighed in on the severity of the local drought issue. In July, 2022 federal bill S.2693 sponsored by Senators Dianne Feinstein & Alen Padilla of CA & Kyrsten Sinema of AZ passed the Senate. This is a bill to amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional 100-250M for projects related to the Salton Sea, and for other purposes, to the Committee on Energy and Natural Resources. Upon introduction of this bill to the floor, Mr. PADILLA said. This legislation ensures that Reclamation can address both the public health and environmental crises at the Salton Sea caused by the current, unprecedented draught crisis. Funded projects will improve air and drinking water quality, restore fish and wildlife habitats, and improve public health at the Salton Sea. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 - HANDOUT BY RESIDENT CAROL BERG PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT So again, what kind of message is sent to local citizens & frankly the state of CA & federal government when 250M of taxpayer dollars -are being allocated to address critical drought related issues just 12 miles down the road, & we're thinking of approving the building of excusive, ritzy, fractional ownership buildings & wave park, that will USE up millions & millions of gallons of water AND electricity every year for very frivolous reasons? We're awaiting formal comments from both Governor Newsom & Senator Feinstein on the Coral Mountain Surf Park in light of the passage of this recent federal bill, as well. as recent developments in other nearby cities with the approval of projects for other water wasting water park developments. And finally, you know that in 2033, the City will start receiving the. property tax revenue from all the properties in the Thermal Redevelopment Zone. If we don't include new houses in construction right now, that's approximately $1.8MJannuaIlly of property tax revenue guaranteed on a total }property value of $2.2B. With the buildout of Coral Mountain set to extend up to 20 gears, as per the developers plan, the guaranteed revenue stream and not the STVR revenue, are the safer way to generate future income for city improvements. By the way, the Laurian Club, which is a luxury, equity investment, residence club, that allows you to co-own a portfolio of high value, revenue generating luxury homes, is already highlighting Coral Mountain on their web site. This is NOT fractional ownership, because you co-own a portfolio of homes, it's obviously not short-term vacation rentals. Is the developer trying to by-pass transient occupancy tax this way? That would make any revenue projections less likely and you would just get plain old property tax from the site after 2033 if that is your primary CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 - HANDOUT BY RESIDENT CAROL BERG PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT reason for considering approval of a Surf Club in the face of all this opposition to such an incongruous idea in such an obviously BAD place. Thank you. CITY COUNCIL SPECIAL MEETING - SEPTEMBER 21, 2022 - HANDOUT BY LQRRD - ALENA CALLIMANIS PUBLIC HEARING ITEM NO. 1 - CORAL MOUNTAIN RESORT PROJECT 1 By Char 5mftL September 2% 2022 BEACH {BRIT MAGAZINE PROFESSIONAL SURFERS FIGHT BACK TEARS, SURF FANS VOMIT AS KELLY SLATER'S DEEPLY UNPOPULAR SURF RANCH IS REINTRODUCED TO WORLD SURF LEAGUE CHAMPIONSHIP TOUR! "Like a dog to its barf..." Professional surfers wake this morning and rubbed their eyes once then twice, first to remove sleep, need to atop as teas from flowing as duets began W sting. Surf fans gripped stomachs as We began to churn, threatening to malty its way up from belly and out of wouths. Both groups reading the same breathless press release from the World Surf League. 'Following the incredible mamenMm and mdestvnes vmW hit m 2n22, we will cantmue to build our global platform tope n ss and ekvate professional surfing,"said Eri* Logan, WSL CW, a agwrivnW the redesign to its entirety for fhe frst fire this year, and uw zdUfurdwr strengthen the sport through next yeaf's fully - combined Champ2anship Teter, which will also qua fy the firstiS athletesfor the 2#24 Objuipic Comes.' The 2o23 CTunll include Y n regular -season events in seven counbi s, starting in Januar yfor die Biilabong Pro Pipeline. The,MFid-season Cut will come into ad an follaruing the ]Margaret Neer Pro, Stop. No. g. The WSL CT well return to the Surf Ranch, the uvdcrs largest high perforr umee, human -made wave loo miles from the ocean in Lemoom, CXW., as the soh stop on the oalendar.1he 2o23 Rip CuH WSL Finals will be held in Lower Trestles in Saar CInnente, Calif., where the men's and women 's Top 5 surfers will face offfvr Ow World Titles. LoPwer Trestles back, again, tQ decide that Brazil's Filipe Toledo is the 2023 World Champion but, worse, that KeUy Slater"s Surf Ranch will, again, host an event at the top level. The "world's largest high performance, human -made wave xno miles from the ocean in Lemoore." The Surf Ranch Pro, as it is called, is extrenwly unpoprilar. Professional surfers, generally taciturn, have let their ire leak, claiming that only safety surfing is rewarded and that it is dumb. Fans, less conservative, have publicly hated for years with the late great Longtom summing up, 'When you strip out the ocean and the passibility of anything that adds unexpected drama to pro surfing, a Medina brain explosion, fulls, a heat -winning ride in the final seconds, sharks, coral etc etc, it boils down W a bland formula. For the viewer, a dull ache of unrealised desire at the deathless sight of that impossibly perfect wave that fades with each watre to be replaced with niggling boredom and a jarring resentment." i.e. barf. The Surf Ranch pro was mercifaby disappeared last year but is back ages and what does this sort of face slap say about the World Surf Fugue, its robust growth" and *extreme health? - Or have L read the tea leaves wrong? Do you adore the stink?