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2023 11 21 Counciltad 0 � o ta - GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www. La Quin taCA.pov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, NOVEMBER 21, 2023 3:30 P.M. CLOSED SESSION 14:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://laguinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION 1. 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) RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA Page 1 of 8 NOVEMBER 21, 2023 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. VISIT GREATER PALM SPRINGS — CHAMPIONS OF HOSPITALITY 2023 — SPIRIT OF TOURISM AWARD RECIPIENTS' RECOGNITION 2. INTRODUCE RIVERSIDE COUNTY SHERIFF DEPARTMENT LIEUTENANT FRANCISCO VELASCO, SEARGENT MARK CHLARSON, AND MOTOR OFFICERS ERNEST TELLES AND ISAAC RAMIREZ 3. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT FIRE MARSHAL SUPERVISOR CHRIS COX AND MARSHAL SPECIALIST LUCERO INEGUEZ CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE CITY COUNCIL MEETING MINUTES OF NOVEMBER 7, 2023 2. ADOPT ORDINANCE NO. 606 ON SECOND READING AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE FOR ZONING CODE LANGUAGE CLEAN UP AND CHANGES TO GAME COURT, FLAGPOLE, AND ACCESSORY DWELLING UNIT REGULATIONS; PROJECT: ZONING ORDINANCE AMENDMENT 2023-1000; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE [ORDINANCE NO. 606] 3. EXCUSE ABSENCE OF CHAIRPERSON NIETO FROM THE NOVEMBER 14, 2023, PLANNING COMMISSION MEETING 4. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER AND MARKETING SPECIALIST TO ATTEND ETOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 1-5,2024 5. AUTHORIZE OVERNIGHT TRAVEL FOR TWO PLANNING COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS' ACADEMY IN LONG BEACH, CALIFORNIA, MARCH 6-8,2024 CITY COUNCIL AGENDA Page 2 of 8 NOVEMBER 21, 2023 6. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND PERMIT TECHNICIAN TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2024 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 22-25,2024 7. ACCEPT THE LA QUINTA PARK SPLASH PAD PROJECT NO. 2022-19, LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND BLACKHAWK WAY 8. APPROVE LEASE AND USE AGREEMENT WITH OLD TOWN LA QUINTA, LLC FOR THE IMPROVEMENT AND USE OF A PORTION OF A VACANT PARCEL FOR ADDITIONAL OLD TOWN LA QUINTA PARKING; ASSESSOR PARCEL NUMBER 773-076-018; CEQA: EXEMPT UNDER SECTION 15061 (b)(3) COMMON SENSE EXEMPTION 9. APPROPRIATE FUNDING AND APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH GRANITE CONSTRUCTION COMPANY FOR SEVERAL EMERGENCY ROAD REPAIRS THROUGHOUT THE CITY, PROJECT NO. 2023-20 10. APPROVE DEMAND REGISTERS DATED NOVEMBER 3 AND NOVEMBER 10, 2023 BUSINESS SESSION PAGE 1. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SUBSECTION 3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS TO ESTABLISH THAT APARTMENTS ARE NOT ELIGIBLE TO APPLY FOR OR OBTAIN A SHORT- TERM VACATION RENTAL PERMIT [ORDINANCE NO. 6081 PUBLIC HEARINGS — 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. CITY COUNCIL AGENDA Page 3 of 8 NOVEMBER 21, 2023 PAGE 1. ADOPT RESOLUTION TO APPROVE THE CITY'S COMMUNITY 189 DEVELOPMENT PRIORITIES, AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2024/25 [RESOLUTION NO. 2023-037] 2. CONTINUED FROM NOVEMBER 7,2023: ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 [RESOLUTION NOS. 2023-038 AND 2023-0391 *Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022-0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.) STUDY SESSION PAGE 1. DISCUSS EXPANDING THE MEMBERSHIP AND RENAMING THE COMMUNITY SERVICES COMMISSION TO COMMUNITY SERVICES AND ARTS COMMISSION DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY SERVICES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC SAFETY 8. PUBLIC WORKS — QUARTERLY REPORT — JULY -SEPTEMBER 2023 MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) CITY COUNCIL AGENDA Page 4 of 8 NOVEMBER 21, 2023 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Fitzpatrick) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Pena) 17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 18. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY POLICY COMMITTEE (Pena) 19. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 22. SUNLINE TRANSIT AGENCY (Pena) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez & Pena) 26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 27. FINANCIAL ADVISORY COMMISSION SPECIAL MEETING MINUTES OF 443 OCTOBER 4, 2023 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on December 5, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on November 17, 2023. DATED: November 17, 2023 CITY COUNCIL AGENDA Page 5 of 8 NOVEMBER 21, 2023 V MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City's website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at (760) 777-7123, 24 - hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(u)-LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. CITY COUNCIL AGENDA Page 6 of 8 NOVEMBER 21, 2023 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 § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances," as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference — members of the public may attend and participate in this meeting by teleconference via Zoom and use the "raise your hand" feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. CITY COUNCIL AGENDA Page 7 of 8 NOVEMBER 21, 2023 Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/m/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 —8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail(a-)LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 8 of 8 NOVEMBER 21, 2023 CALL TO ORDER CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 7, 2023 A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:31 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:11 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Melissa Labayog, La Quinta — concerned about the safety in her neighborhood due to the short-term vacation rental (STVR), the Dupont Estate; and requested the City remove the Dupont Estate's STVR permit. PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker Realtor and La Quinta resident — provided an update on Chamber events CITY COUNCIL MINUTES Page 1 of 12 NOVEMBER 7, 2023 9 and activities, including a Business Walk by visiting approximately 14 businesses at the commercial centers near Dune Palms Road, who reported that the construction of the Dune Palms Bridge project has not impacted their business; upcoming ribbon cutting events for Mathnasium and Care Esthetics; Robert Radi's book signing; and an ugly sweater contest and food drive mixer at Old Town Artisan Studio. PUBLIC SPEAKER: Matthew Snyder, La Quinta — asked why the Dupont Estate has a valid STVR permit when the owner has a restraining order against her and is under criminal investigation; and suggested the Dupont Estate owners are holding something over Council to retain their STVR permit. PUBLIC SPEAKER: Christina Sasse and Scarlett Wilmsen, Palm Springs International Film Society, La Quinta — requested City sponsorship for the film awards; described its student screening day for La Quinta High School; and thanked Council for the information regarding applying for a City grant. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Kathleen Mirabal, regarding the additional temporary parking lot for Fritz Burns Park located across the street from the park, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. CERTIFICATE OF RECOGNITION TO OLD TOWN LA QUINTA (WELLS MARVIN) FOR 20 YEARS OF BUSINESS IN THE CITY Mayor Evans provided a brief history of Old Town La Quinta, and presented a certificate of recognition to its developer, Wells Marvin, for 20 years of business in the city. Wells Marvin introduced his wife Anna, and Old Town La Quinta Property Manager Katy Able; provided a brief history of Old Town La Quinta; spoke of current events being held in Old Town; updates on new businesses and renovations to existing businesses; and thanked the Council, citizens, and business owners of La Quinta. Council inquired about the possibility of making Main Street pedestrian -only should a parking structure be constructed in the future. Mr. Marvin stated he believes it is more beneficial to close the streets only when needed, and he is not a fan of parking structures. CONSENT CALENDAR 1. APPROVE CITY COUNCIL MEETING MINUTES OF OCTOBER 17, 2023 2. ADOPT ORDINANCE NO. 605 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT- OF-INTEREST CODE [ORDINANCE NO. 605] CITY COUNCIL MINUTES Page 2 of 12 NOVEMBER 7, 2023 10 3. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF RIVERSIDE COUNTY FIRE DEPARTMENT'S ANNUAL INSPECTION REPORT FOR FISCAL YEAR 2022/23 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 [RESOLUTION NO. 2023-036] 4. APPROVE AMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT CONCEPTS CONSTRUCTION, INC. FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES PROJECT NO. 2022-16 TO INCREASE THE CONTRACT AUTHORITY FOR UP TO $550,000 OF WORK IN FISCAL YEAR 2023/24 5. APPROVE PURCHASE OF A 2,500 GALLON WATER TRUCK FROM WESTRUX INTERNATIONAL, INC. DEALERSHIP 6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2023 7. APPROVE DEMAND REGISTERS DATED OCTOBER 13, OCTOBER 20, AND OCTOBER 27, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 2 adopting Ordinance No. 605 and Item No. 3 adopting Resolution No. 2023-036. Motion passed unanimously. BUSINESS SESSION 1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 2, 2024 Council waived presentation of the staff report, which is on file in the Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to approve cancellation of the regular City Council meeting of January 2, 2024. Motion passed unanimously. 2. APPROVE AGREEMENT FOR EMERGENCY SERVICES COORDINATOR WITH COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT TO PROVIDE PART-TIME EMERGENCY SERVICE COORDINATOR POSITION Public Safety Deputy Director Mendez presented the staff report, which is on file in the Clerk's Office. RIVERSIDE COUNTY SPEAKER: Michael Ornelas, Emergency Management Program Manager with County of Riverside Emergency Management Department — noted the other Coachella Valley cities using this County service; and discussed collaboration with local cities and the County. CITY COUNCIL MINUTES Page 3 of 12 NOVEMBER 7, 2023 11 RIVERSIDE COUNTY SPEAKER: Mr. Ornelas introduced Ana Gutierrez, Emergency Services Coordinator who will be the County staff member assigned to the City; and discussed her background. Council discussed the County's deployment of the personnel dedicated to the City in the event of a County -wide emergency. MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to approve an agreement for Emergency Services Coordinator Services with the County of Riverside Emergency Management Department to provide a part-time Emergency Service Coordinator position; and authorize the City Manager to execute the agreement substantially in the form attached, allowing for minor and non -substantive changes. Motion passed unanimously. >>> Taken out of Agenda Order 3. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS (STVRs) [ORDINANCE NO. 607] City Clerk Radeva presented the staff report, which is on file in the Clerk's Office Council discussed potential lots that would be eligible for the proposed large lot exemption; existing homeowner associations (HOAs) ability to change its Covenants, Conditions and Restrictions (CC&Rs) to allow STVRs; and transferring enforcement responsibilities of STVRs to HOAs. PUBLIC SPEAKER: Melissa Labayog, La Quinta — offered to help write an ethics directive for the City Council to follow; and opposed the proposed amendments regarding potentially qualifying HOAs to change their CC&Rs to allow STVRs and large lot exemptions. PUBLIC SPEAKER: Kay Wolff, La Quinta — reported that the Cove Neighborhood Steering Committee meeting resulted in support for the proposed four-fifths majority vote to change Section 3.25.055 of the La Quinta Municipal Code (Code) related to exemptions from the ban on the issuance of new STVR permits; large lot STVR permit applications must include notification of neighbors within a 500 -foot radius; opposed exempting Homeshare STVR permits from the ban; opposed allowing apartment complexes to obtain STVR permits; requested that density be addressed; and thanked Council for making the STVR program work for almost everyone. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:25 P.M MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:30 PM WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 4 of 12 NOVEMBER 7, 2023 12 PUBLIC SPEAKER: Lynne Daniels, La Quinta — supports the proposed STVR program Code amendments. PUBLIC SPEAKER: George Christopher, La Quinta — supports the STVR program. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Business Session Item No. 3 from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Tom and Mary Brohard, La Quinta — opposing the proposed large lot exemption. • Mishael Patton, La Quinta — supporting the proposed four-fifths majority vote for the exemption section and opposing exempting homeshare STVR permits from the current ban on the issuance of new STVR permits. Council discussed STVRs in HOAs that currently allow it, and those that do not; pros and cons of STVRs in apartment complexes; apartment complexes in exempt zones; disclosing in tenant leases that STVRs are allowed in the building; monitoring and enforcement of homeshares; STVR permits transferring through trusts and inheritance; permitting STVRs in the Griffin Lake Specific Plan; the four -fifth majority vote on the exemption section of the Code; allowing existing HOAs to vote to change their CC&Rs to allow STVRs; conditioning HOAs on self-management if their membership approves STVRs as a permitted use; concern about large lot STVRs across from schools; meaning and purpose of "authorized agents" at homeshares; cancelling homeshare permits after one violation; concern about special events at large lot STVRs; and reason for the proposed fines reduction — alignment with State law. MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to take up Ordinance No. 607 by title and number only and waive further reading, as amended by removing proposed code additions relating to apartment complexes and potentially qualifying HOAs as follows: • Remove the definitions of "Apartment Complex" and "Homeowners Association" proposed under Section 3.25.030 Definitions on page 560 of the Agenda packet; • Remove the definitions of "Potentially Qualifying Homeowners Association" and "Qualified and Certified Homeowners Association" proposed under Section 3.25.030 Definitions on page 561 of the Agenda packet; • Remove proposed "Section 3.25.045 Apartment Complex" — short-term vacation rental permit requirements" on page 562 of the Agenda packet; and • Remove proposed "Section 3.25.056 Single-family residences in potentially qualifying homeowners associations; Voting procedure for exemption from non - issuance of new short-term vacation rental permits" on pages 566-568 of the Agenda packet. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 607 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTIONS AND AMENDING SECTIONS OF CHAPTER CITY COUNCIL MINUTES Page 5 of 12 NOVEMBER 7, 2023 13 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS, as amended excluding apartments and homeowners' associations MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to introduce at first reading Ordinance No. 607 as amended. Motion passed unanimously. PUBLIC HEARINGS 1. CONTINUED FROM AUGUST 1, 2023: ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 [RESOLUTION NOS. 2023-037 AND 2023-038] *Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022-0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.) Planning Manager Flores presented the staff report, which is on file in the Clerk's Office. Council discussed the City's certified Housing Element; recertification by the State Department of Housing and Community Development (HCD) required for the parcel switch; moderate -income level apartment qualifying criteria; date this site was added to the housing inventory; stacking lanes at both entrances and deacceleration lane on Avenue 50; electrical power for the project; EV charging stations; electrical capacity increase; distance of sidewalk from street; traffic flow around the project; bus stop relocation; removal of garages; added storage in corridors; and bicycle storage and racks. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:01 P.M City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 1 from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Anonymous (1), La Quinta — opposing the proposed affordable housing (AH) parcel switch. • Anonymous (2), La Quinta — opposing the proposed AH parcel switch. • Charles Ciup & Carolyn Brandon, La Quinta — opposing the project. CITY COUNCIL MINUTES Page 6 of 12 NOVEMBER 7, 2023 14 • Carolyn Crowson, La Quinta — opposing the proposed AH parcel switch. • Desert Breezes Community, Palm Desert (Jennifer Blair, Casas President; Hugh Cousins, Masters President, Villas President; Dottie Fazio, Timeshares President) — opposing the proposed AH parcel switch. • Janet and Daniel Gettings, La Quinta — opposing the proposed AH parcel switch. • Jennifer Hasiuk, La Quinta — opposing the proposed AH parcel switch. • Janice Hurlburt, Palm Desert — opposing the proposed AH parcel switch. • Mayer Corporation (James Vaughn, Esq. with SZR Law) — opposing the proposed AH parcel switch. • Patrick Mead, La Quinta — opposing the proposed AH parcel switch. • Palm Royale Country Club (Faith Raines), La Quinta — opposing the proposed AH parcel switch. • Blaine and Judy Palmquist, La Quinta — opposing the proposed AH parcel switch. The following WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 1 after 12 p.m. but prior to the adjournment of this meeting, from the residents listed below, in alphabetical order; these comments were not announced during the public meeting but were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Kay Curtis, La Quinta — opposing the proposed AH parcel switch. • Patrick Mead, La Quinta — opposing the proposed AH parcel switch. • Ruth Waytz, La Quinta — opposing the project. APPLICANT REPRESENTATIVE: Greg Irwin, Partner and Principal, with Irwin Partners Architects — provided a brief overview of the proposed project and the revised features per Council's comments at the previous held public hearing. PUBLIC SPEAKERS: • Jim Vaughn, Esq. with SZR Law, representing the Mayer Corporation — opposing the proposed AH parcel switch to his client's property. • Tom Weigel, La Quinta — representing the Mayer Corporation — opposing the General Plan Amendment and the AH parcel switch; the Mayer Corporation has no intention of ever building affordable housing on its site. • Brian Flath, La Quinta — owns property adjacent to the proposed project; supports current changes made; and can support garages if not more than 10 feet high. • Fred Kellerhals, La Quinta — opposes affordable housing built across the street from his property in Palm Royale; and opposes the AH parcel switch. • Lyle Brekke, La Quinta and Seattle — lives within 1,000 feet of proposed parcel switch (Palm Royale); did not receive notice of the project switch; and opposes the AH parcel switch. • George Christopher, La Quinta — commended the City on getting project information out to residents; thanked developer for meeting with the community and listening; current changes are a plus to the City; and the planned upgrade to the substation is a critical advantage to the City. CITY COUNCIL MINUTES Page 7 of 12 NOVEMBER 7, 2023 15 • Casey Dolan, La Quinta — concerned about overflow parking and events held by apartment residents at the project. • Kristen Dolan, La Quinta — suggested permitted parking on the three nearby streets if this project is approved; concerned about flooding, the height increase, the reduction in unit square footage; and asked that Council reject the proposed General Plan and Specific Plan Amendments. • Carolyn Brandon, La Quinta — opposed to the project (was not present to speak when called upon by the Mayor). • Tom Bliesath, La Quinta — resident of Palm Royale; opposes the AH parcel switch. • Bruce Maize, La Quinta — supports the project (was not present to speak when called upon by the Mayor). APPLICANT REPRESENTATIVE: Greg Irwin, Partner and Principal, with Irwin Partners Architects — responded to resident concerns regarding flooding; ceiling and parapet heights; onsite parking pass system planned; valet parking onsite during events; and State law regarding moving affordable housing sites — Housing Code 65863(c)(2). Council discussed parking on public streets; parking permit systems on public streets; removal of ornamental grasses on landscape plan; revisiting the proposed parcel switch on site 6, and considering alternatives; reallocating affordable housing requirements to another property owner without their knowledge; affordable housing projects in La Quinta; the legalities of spreading affordable housing sites around the City; designating other alternative affordable housing sites; suitability of the Dune Palms Road/Highway 111 site for 180 affordable housing units; other sites planned for affordable housing; identifying sites to accommodate 280 low -/very -low units elsewhere; unwilling to approve the AH parcel switch to site 6 at this time; referring this item back to the Planning Commission to consider alternate sites; asking the applicant to include 36 low-income units in their project; and regarding the project presented, the Council is in support, if the AH parcel switch can be resolved. City Attorney Ihrke provided information on State housing law and alternative actions available to Council. THE PUBLIC HEARING REMAINED OPEN MOTION — A motion was made and seconded by Councilmember Pena/Fitzpatrick to continue this item to a date certain, to the regular Council meeting of November 21, 2023, to allow staff to identify additional sites to reallocate the affordable housing units and remand this project to the Planning Commission to their regular meeting of November 14, 2023, for consideration of the additional sites. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:37 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:53 P.M. WITH ALL COUNCILMEMBERS PRESENT CITY COUNCIL MINUTES Page 8 of 12 NOVEMBER 7, 2023 16 2. INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1000 FOR ZONING CODE LANGUAGE CLEAN UP AND CHANGES TO GAME COURT, FLAGPOLE, AND ACCESSORY DWELLING UNIT (ADU) REGULATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE [ORDINANCE NO. 606] Design and Development Director Castro presented the staff report, which is on file in the Clerk's Office. Council discussed the Planning Commission's decision regarding changes to the flagpole regulations; accessory dwelling units (ADUs) minimum square footage (850 sq. ft.); that junior ADUs (JADUs) can be smaller, but must be attached to the primary home; criteria for adding ADUs and JADUs in the City's affordable housing numbers; tracking the rent amounts charged for ADUs and JADUs annually; incentives for owners to register their ADUs/JADUs as low-income units; and ADUs/JADUs cannot qualify for Homeshare STVR permits if approved through the expedited ADU/JADU process. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:18 P.M. PUBLIC SPEAKERS: • Steve Grocott, La Quinta — opposed to loosening flagpole regulations; and asked that setbacks be calculated from a home rather than property lines. • Carol Shaw, La Quinta — opposed to loosening existing flagpole regulations, and spoke about the challenges her community has experienced with people putting up flagpoles. • Mike Riley, La Quinta — said he installed his flagpole at his property after receiving HOA approval and was not aware that a City permit was required; and stated HOAs should govern themselves and have their own flagpole regulations. • Sam Dickinson, La Quinta — received a violation for his flagpole, and was required to remove it; suggested that HOAs determine regulations for flagpoles in each development. • Sharon Dickinson, La Quinta — noted that the beauty of flagpoles is subjective; requested that HOAs govern the installation and regulations for flagpoles. • Rich Martin, La Quinta — supports the proposed amendments to the flagpole regulations (was not present to speak when called upon by the Mayor). • Martin von Kanel, La Quinta — has a City -compliant flagpole; explained his purpose for installing his flagpole; supports HOAs having the right to govern themselves regarding flagpole regulations. WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 from the La Quinta residents listed below, in alphabetical order, regarding the proposed flagpole regulations, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: CITY COUNCIL MINUTES Page 9 of 12 NOVEMBER 7, 2023 17 • Ramon and Kelly Baez, La Quinta — support HOAs having the right to govern themselves regarding flagpole regulations. • Sam and Sharon Dickinson, La Quinta — provided two separate written public comments — support HOAs having the right to govern themselves regarding flagpole regulations. • Marty Ellen, La Quinta — supports the proposed code amendments to loosen flagpole regulations and HOAs having the right to govern themselves regarding flagpole regulations. • Kirk Newby, La Quinta — supports HOAs having the right to govern themselves regarding flagpole regulations. • Richard Ramage, La Quinta — supports HOAs having the right to govern themselves regarding flagpole regulations. The following WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 after 12 p.m. but prior to the adjournment of this meeting, from the residents listed below, in alphabetical order, regarding the proposed flagpole regulations; these comments were not announced during the public meeting but were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Matthew Antoun, La Quinta — opposed to the proposed code amendments to loosen flagpole regulations. • Steve Grocott, La Quinta — opposed to the proposed code amendments to loosen flagpole regulations. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:43 P.M. Council discussed flag protocol; allowing HOAs to determine flagpole placement; the City's Municipal Code regulations being important for safety purposes; 5 -foot versus 10 - foot setbacks; City's liability if the Code is not followed or enforced; number of flagpole permits issued and number denied; City retaining control over flagpole heights and construction, but HOAs control flagpole location on lots; providing HOAs and management companies with the City's flagpole regulations; the pros and cons of 5 -foot versus 2 -foot setbacks; and directing staff to prepare another ordinance to address permitting HOAs to set flagpole location standards within their communities. MOTION — A motion was made and seconded by Mayor Evans/Mayor Pro Tem Sanchez to make a finding, included in Ordinance No. 606, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) Review of Exemptions — Common Sense Rule, and is consistent with the previously approved General Plan 2035 Environmental Impact Report. Motion passed unanimously. MOTION — A motion was made and seconded by Mayor Evans/ Mayor Pro Tem Sanchez to take up Ordinance No. 606 by title and number only and waive further reading. Motion passed unanimously. CITY COUNCIL MINUTES Page 10 of 12 NOVEMBER 7, 2023 18 City Clerk Radeva read the following title of Ordinance No. 606 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE MOTION — A motion was made and seconded by Mayor Evans/ Councilmember McGarrey to introduce at first reading Ordinance No. 606 as recommended. Motion passed unanimously. Council directed staff to prepare an ordinance giving HOAs that have flagpole regulations in their CC&Rs the authority to determine the placement of flagpoles within their communities, with the City retaining regulatory power over all other aspects of installation and permitting. STUDY SESSION — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. Council directed staff to issue letters to owners who have had multiple false -alarm call outs. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Fitzpatrick noted that the City has collected $21,000 in fines from an unpermitted STVR operator; and reported on her attendance at the volunteer meeting for the upcoming Art Celebration. Councilmember Sanchez reported on his and Council's attendance at the Rancho Mirage State -of -the -City event; a Zoom seminar on opioid overdoses; and former Councilmember Robert Radi's book signing and art event at Old Town Artisan Studio. Councilmember McGarrey reported on her and Councilmember Pena's attendance at the YMCA annual fundraising event; the Agua Caliente Cultural Center event; the Windermere ribbon cutting; and the Southern California Association of Governments Connect meeting. Mayor Evans reported on her attendance at the La Quinta High School culinary Feed- the-Heros luncheon; and the Impact Through Golf Foundation event. Councilmember Pena reported on his attendance at the Senior Resource Fair. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organization's meeting: • DESERT SANDS SCHOOL DISTRICT TWO -BY -TWO COMMITTEE CITY COUNCIL MINUTES Page 11 of 12 NOVEMBER 7, 2023 19 La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • SUNLINE TRANSIT AGENCY (stood in for Councilmember Pena) La Quinta's representative for 2023, Mayor Pro Tem Sanchez reported on his participation in the following organization's meeting: • ANIMAL CAMPUS COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 10:27 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 12 of 12 NOVEMBER 7, 2023 20 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 606 ON SECOND READING AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE FOR ZONING CODE LANGUAGE CLEAN UP AND CHANGES TO GAME COURT, FLAGPOLE, AND ACCESSORY DWELLING UNIT REGULATIONS; PROJECT: ZONING ORDINANCE AMENDMENT 2023-1000; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE RECOMMENDATION Adopt Ordinance No. 606 on second reading. EXECUTIVE SUMMARY • On November 7, 2023, Council introduced Ordinance No. 606 for first reading to amend various sections of Title 9 of the La Quinta Municipal Code (Code) and to approve Zoning Ordinance Amendment (ZOA) 2023-1000. • If adopted on second reading, Ordinance No. 606 will go into effect 30 days after adoption or on December 21, 2023. FISCAL IMPACT — None. BACKGROUND/ANALYSIS Staff periodically reviews the Code to ensure clarity and consistency with current federal, state, and local regulations and procedures. On November 7, 2023, Council introduced Ordinance No. 606 for first reading to amend various sections of Title 9 of the Code and to approve ZOA 2023-1000. If adopted on second reading, Ordinance No. 606 will go into effect 30 days thereafter, or December 21, 2023, and amend the Code as follows: • Section 9.60.090 —Accessory dwelling units (ADU) —update the Code to meet State housing law regulations for ADUs; the text amendment implements a Program identified in the City's certified Housing Element 2021-2029. 21 • Section 9.50.030 — Table of development standards — remove the 25 -foot setback requirement for garages, which was to account for tilt -up (overhead) garage doors, as roll -up garage doors are now most common and a 20 -foot setback is sufficient. • Section 9.60.150 — Tennis and other game courts — remove the requirement that court must be lower grade; allow at least 10 feet from front, side, and rear setbacks with 6 -foot block wall along property line. • Section 9.60.340 —Flagpoles —provide additional opportunity where the yard abuts open space, a golf course, or a street, to allow flagpoles to be located at least 5 feet from any property line. • Section 9.110.060 — FP Floodplain District — remove the word "Overlay" from "Floodplain Overlay District" to ensure consistency with other Code sections. ENVIRONMENTA 'FVIEW The Design and Development Department has determined that the project is exempt from environmental review pursuant to CEQA Section 15061 (b)(3) Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment. PUBLIC krVIEW Public Notice ZOA 2023-1000 was advertised in The Desert Sun newspaper on October 27, 2023. Written public comments received on the proposed Code amendments were incorporated into the public record of the November 7, 2023 meeting, and included in the agenda packet. Planning Commission Review At its regular meeting of October 10, 2023, the Planning Commission considered the proposed Code amendments and recommended Council approval of all proposed amendments except for those pertaining to flagpole regulations. ALTERNATIVES As Council approved this ordinance at first reading, Staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 22 ORDINANCE NO. 606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on November 7, 2023, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2023-1000 to amend various sections of Title 9 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on October 10, 2023, adopt Planning Commission Resolution No. 2023- 017 recommending the City Council adopt all code amendments, except for those pertaining to flagpole regulations; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on October 27, 2023, as prescribed by the Municipal Code; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review, and permitting procedures; and WHEREAS, the proposed zoning text amendments are necessary to update or clarify development standards; and WHEREAS, the proposed zoning text amendments are necessary to be in compliance with State housing law regulations for accessory dwelling units, and implements a Program identified in the City's certified 2021-2029 Housing Element; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment, enclosed as Exhibit A, and incorporated herewith by this reference: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendments are supported by Policy LU -1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public; and 23 Ordinance No. 606 Title 9 Amendments — Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023 Page 2 of 4 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allow for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. TITLE 9 shall be amended as written in "Exhibit A" attached hereto. SECTION 2. The proposed zone text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2023-1000, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two 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 Book of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the 24 Ordinance No. 606 Title 9 Amendments — Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023 Page 3 of 4 fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this November 21, 2023, by the following vote: AYES: Ll [s] 2615 ABSENT: ABSTAIN: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California /_1»:Z9117/ 417_E -'M 1101170] N Lyl A WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 25 Ordinance No. 606 Title 9 Amendments — Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 606 which was introduced at a regular meeting on the 7th day of November, 2023, and was adopted at a regular meeting held on the 21st day of November, 2023, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on November, 2023, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California ORDINANCE NO. 606 - EXHIBIT A Adopted: November 21, 2023 9.50.030 - Table of development standards. A. Definitions. See Chapter 9.280. B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040, following, set forth standards for the development of property within residential districts. However, standards different from those in Table 9-2 shall apply if special zoning symbols described in Section 9.20.030 are designated on the official zoning map. Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH Minimum lot size for single-family dwellings 20,000 7,200 7,200 5,000 3,600 2,000 (sq. ft.) Minimum project size for multifamily projects n/a n/a n/a n/a 20,000 20,000 (sq. ft.) Minimum lot frontage for single-family 100 60 60 50 40 n/a dwellings (ft.) Minimum frontage for n/a n/a n/a n/a 100 100 multifamily projects (ft.) Maximum structure 28 28 17 28 28 40 height (ft.) 2 Maximum number of 2 2 1 2 2 3 stories Minimum front yard 30 20 20 20 20 20 setback (ft.) 3 Minimum interior/exterior side 10/20 5/10 5/10 5/10 5/10 10/15 yard setback (ft.) 4,6 20 for new Minimum rear yard lots and 10 setback (ft.)6 30 for existing 10 15 15 20 recorded lots 7 Maximum lot coverage 40 50 60 60 60 60 (% of net lot area) Minimum livable area 2,500 1,400 1,200 1,400 1,400 (multifamily: 750 for excluding garage (sq. ft.) 750 multifamily Minimum common open n/a n/a n/a 30% 30% 30% area s Minimum/average perimeter landscape 10/20 10/20 n/a 10/20 10/20 10/20 setbacks (ft.) 5 Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60 -RM -10,000 60 -foot minimum lot frontage, medium density residential zoning, 10,000 17/1 square foot minimum lot size, 17 -foot maximum building height at one story RL 10,000 Low density residential zoning, 10,000 square foot minimum lot size, 17 -foot 17/1 maximum building height at one story RM Medium density residential zoning, 17 -foot maximum building height at one 17/1 story 27 Development Standard District RVL RL RC RM RMH RH RL Low density residential zoning, 17 -foot maximum building height at one story 17/1 * As shown on the approved specific plan for the project. ** As provided in the underlying base district. 1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. Any proposed building height over 22 feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone. 3 Projects with 5 or more adjacent single-family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. For side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 4 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is 5 feet plus 1 foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of 10 feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 -foot building. For RH, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is 10 feet plus 1 foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28 -foot building height. 5 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.230 and additional landscape/open area standards. 6 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. 7 Existing recorded lots prior to May 1, 1997. ( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 434 § 2, 2007; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) IRW 9.60.090 Accessory dwelling units. A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Section 65852.2, subdivision (a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones: RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 65852.2(i)(4) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for purposes of this section: "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 2. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary. 3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section). 4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public (consistent with Government Code Section 65852.2, subdivision 0)(9). C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units: Except as provided in Government Code Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. 2. The lot is zoned to allow single-family or multifamily dwelling use and includes a proposed or existing dwelling. 3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. 29 4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling or eight hundred fifty (850) square feet, or 1,000 square feet for a unit that provides more than one bedroom, if the primary dwelling is less than one thousand six hundred (1,600) square feet. 5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. 6. An accessory dwelling unit shall include a kitchen and bathroom. 7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of one hundred fifty (150) square feet. 8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. 11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed. 12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. There shall be no additional parking requirement for an accessory dwelling unit in any of the following instances: i. The accessory dwelling unit is located within one-half ('/2) mile walking distance of public transit. 30 ii. The accessory dwelling unit is located within an architecturally and historically significant historic district. iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced. 13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single- family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an 800 square foot accessory dwelling unit with four -foot side and rear yard setbacks to be constructed in compliance with all other development standards. e. The junior accessory dwelling unit complies with the requirements of California Government Code Section 65852.22. 14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4) -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the accessory dwelling unit complies with the following: a. A total floor area limitation of not more than eight hundred (800) square feet. 31 b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit. c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. d. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. 15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory dwelling unit. b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to height limits as listed in subsection 14, and four (4) -foot rear yard and side setbacks. c. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required. 16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. 18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit. 32 19. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail. 20. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units: 1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family residences with a single-family residence already built or proposed to be built, on the lot. 2. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section. 3. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence. 4. A junior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence. 5. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: a. A cooking facility with appliances, and b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 6. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence. 7. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. E. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall act on the application within sixty (60) days from the date the application is found complete if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the director may delay 33 acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single- family dwelling. If the applicant requests a delay, the sixty (60) -day time period shall be tolled for the period of the delay. 1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. 2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. F. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code. ( Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 34 9.60.150 - Tennis and other game courts. A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.030. Enclosed game courts shall comply with Section 9.60.050, Storage and other accessory buildings. All lighted game courts, where permitted, shall require approval of a minor use permit by the director or conditional use permit by the planning commission processed in accordance with Section 9.210.020. B. Development Standards. Game courts shall meet the following minimum development standards: 1. Fences. A maximum twelve (12) -foot -high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, nonreflective screening material. If the fencing is chain link, it shall be vinyl -coated or painted in a dark color such as dark green or black. 2. Setbacks. Minimum setbacks from property lines for game courts shall be: a. Front yard: twenty (20) feet. b. Side yard: ten (10) feet. c. Rear yard: ten (10) feet. The preceding minimum setbacks shall be increased by three (3) feet for every foot of abutting court fence height over eight (8) feet. 3. Block Wall. Where the tennis or game court is set back 10 to 30 feet from the front, side, or rear property lines, a block wall six (feet) in height shall exist or shall be constructed along those property lines. 4. Lighting. Game court lighting shall conform to the requirements of Section 9.60.160 (Outdoor lighting). In addition, a maximum of eight (8) lights (i.e., eight (8) individual light sources) shall be permitted and mounting standard height shall not exceed eighteen (18) feet measured from the court surface. Courts shall not be lighted after 10:00 p.m. 5. Glare. The surface area of any game court shall be designed, painted, colored and/or textured to reduce the reflection from any light source. 6. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the director, and implemented at the same time as court construction. ( Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 35 9.60.340 - Flagpoles. Flagpoles shall be allowed in all residential zoning districts subject to the following standards: A. Height of flagpoles shall not exceed twenty (20) feet. B. Flagpoles shall not be allowed within any yard, except if a yard abuts open space, a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5 feet from any property line. C. Installation of flagpoles shall require a building permit. D. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required. 36 9.110.060 - FP Floodplain District. A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency. B. Development Standards. Development standards shall be as required for needed flood control improvements and shall conform to the supplemental requirements for the FP district set forth in Section 9.140.030. C. District Boundaries. The FP district shall include all areas within the city that are designated as "Special Flood Hazard Areas Inundated by One Hundred -Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP district are generally shown on the official zoning map. See FEMA FIRM maps for specific locations. (Ord. 550 § 1, 2016; Ord. 284 § 1, 1996) 37 38 City of La Quints CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCE OF CHAIRPERSON NIETO FROM THE NOVEMBER 14, 2023, PLANNING COMMISSION MEETING RECOMMENDATION Excuse absence of Chairperson Stephen Nieto from the November 14, 2023, Planning Commission meeting. EXECUTIVE SUMMARY • Chairperson Nieto requested to be excused from the November 14, 2023, Planning Commission meeting due to an unexpected conflicting engagement that could not be avoided. • Chairperson Nieto has no excused or unexcused absences for fiscal year 2023/24. FISCAL IMPHV i No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS Section 2.06.090 of the La Quinta Municipal Code states: "If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny this request, which would result in the absence being counted toward the Commissioner's limitation on absences as noted above. Prepared by: Oscar Mojica, Permit Technician Approved by: Monika Radeva, City Clerk 39 40 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER AND MARKETING SPECIALIST TO ATTEND ETOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 1-5,2024 RECOMMENDATION Authorize overnight travel for Marketing Manager and Marketing Specialist to attend the eTourism Summit in Las Vegas, Nevada, April 1 - 5, 2024. EXECUTIVE SUMMARY • The eTourism Summit, allows destination marketers an opportunity to expand their data, research, analytic, content, video, media and creative strategies. • Staff will be attending this conference for the first time and the Marketing Manager has been asked to be a panelist on the importance of including your community in your tourism brand and destination awareness. FISCAL IMPACT Estimated expenses are $5,690 for both attendees, which includes reduced registration, travel, lodging, and meals. Funds are available in fiscal year 2023/24 Marketing Department's Travel and Training budget (Account No. 101-3007-60320). BACKGROUND/ANALYSIS eTourism Summit embarks on its 24th year of helping destination marketers "See Tomorrow". eTourism Summit is a collaborative, fast -paced conference and is the epicenter of digital destination marketing for learning and sharing among first -timers, rising stars, and experienced marketers. The summit focuses on peer-to-peer sharing, integral to the development of innovative marketing strategies that translate to new business. Staff will be attending this conference for the first time to expand on the educational opportunities available through conferences that focus on technology, digital data, and creation of content for social media. The Marketing Manager has been asked to be a panelist on the importance of including your community in your tourism brand and destination awareness. 41 ALTERNATIVES Council may elect not to authorize this request; however, since this training allows staff to stay current with communication techniques associated with marketing and branding, this alternative is not recommended. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director 42 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA` : AUTHORIZE OVERNIGHT TRAVEL FOR TWO PLANNING COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS' ACADEMY IN LONG BEACH, CALIFORNIA, MARCH 6-8,2024 RECOMMENDATION Authorize overnight travel for two Planning Commissioners and one Planning Staff Member to attend the League of California Cities Annual Planning Commissioners' Academy in Long Beach, California, March 6-8, 2024. EXECUTIVE SUMMARY • The League of California Cities hosts an Annual Planning Commissioners Academy (Academy), which offers sessions on major planning and land use issues as well as provides networking opportunities. • The Academy rotates between northern and southern California cities. This year's event will be in Long Beach. • Upon approval, two Planning Commissioners and one Planning Staff Member would attend this year's Academy. FISCAL IMPACT Estimated total expenses are $5,600, which includes registration, transportation, lodging, and meals. Funds are available in the Planning Division Travel and Training Budget (101- 6002-60320). BACKGROUND/ANALYSIS The Academy is a three-day event focusing on major planning and land -use issues affecting local governments. Education sessions may include: • AB 1234 and AB 1661 trainings; • Essential planning tools; • California Environmental Quality Act; • The impact of planning policy and community design on a community; 43 • The planning process before project approval; • A wide range of topics relevant to the planning commissioner's role when reviewing planning documents and land use cases. Two Commissioners will be selected at the next regular Planning Commission meeting and staff recommends that Commissioners that have not yet attended the Academy be given priority. ALTERNATIVES Council may elect to not authorize this travel and training or reduce the number of attendees. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director 44 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETIN( November 21, 2023 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND PERMIT TECHNICIAN TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2024 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 22-25,2024 RECOMMENDATION Authorize overnight travel for the City Clerk and Permit Technician to attend the annual Laserfiche Empower 2024 conference in Las Vegas, Nevada, April 22 — 25, 2024. EXECUTIVE SUMMARY • Annually, Laserfiche holds the Laserfiche Empower conference (Conference) which provides three days of intense training, hands on labs, and networking with other municipal users. • The City Clerk and Permit Technician seek additional knowledge in the City's Laserfiche content management software, enhanced business processes, and upcoming technological innovations. The City has received two free registrations. • The Conference will instruct Staff, who are robust users and the administrators of the City's Laserfiche document archive, on expanded capacities of the software and peer -tested ways to utilize the system to benefit all City departments and operations. FISCAL IMPACT Estimated expenses are $2,000, which includes travel, lodging, and meals for both attendees. The City received two free registrations valued at $1,066.33 each. Funds are available in fiscal year 2023/24 City Clerk's Travel and Training budget (101-1005-60320). BACKGROUND/ANALYSIS Laserfiche is a robust enterprise content management software used by the City since 2002 as the City's permanent electronic records repository, digital research library, and paperless archive. The Conference is the premier educational and peer exchange event for the Laserfiche community and professionals who are interested in learning ways to improve efficiency 45 and transform their organization. Each year 3,000+ Laserfiche customers, partners, and IT professionals attend this Conference, which offers more than 250 sessions and hands- on labs taught by industry experts, Laserfiche engineers, and experienced users. This three-day intensive annual Conference provides participants with the tools and resources they need to get the most out of their Laserfiche system. ALTERNATIVES Council may elect not to authorize this request; however, since this will provide information and training that is vital to successfully administering the Laserfiche system to its full potential, Staff does not recommend this alternative. Prepared by: Oscar Mojica, Permit Technician Approved by: Monika Radeva, City Clerk 46 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: ACCEPT THE LA QUINTA PARK SPLASH PAD PROJECT NO. 2022-19, LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND BLACKHAWK WAY RECOMMENDATION Accept the La Quinta Park Splash Pad Project No. 2022-19 as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $37,793, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY • The La Quinta Park Splash Pad project included replacement of the existing splash pad, pump equipment, and underground surge tank. (Attachment 1). • The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2022-19. Original Contract Amount $ 749,000 Change Orders No. 1 $ 6,863 Final Contract Amount $ 755,863 Project Budget $ 850,000 Final Contract Amount ($755,863) Remaining Balance $94,137 * All costs to date have been accounted for and no further costs are anticipated. There are adequate funds to close the project; final retention amount of $37,793 will be paid from account number 503-0000-20600. 47 BACKGROUND/ANALYSIS On February 7, 2023, Council awarded a contract to California Commercial Pools, Inc. (California Pools), in the amount of for $749,000, for the installation of a new Splash Pad at La Quinta Park. On July 25, 2023, Contract Change Order No. 1 was issued for the installation of a concrete curb around the splash pad. On August 4, 2023, the splash pad was deemed to be completed and was opened to the public. The construction of the splash pad is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Dianne Hansen, M&O Superintendent Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 48 NEW SPLASH PAD DESIGN 1 �-#Tlmmm 40 lal, Rk- Ap , ATTACHMENT 1 49 FORMER SPLASH PAD RE CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: APPROVE LEASE AND USE AGREEMENT WITH OLD TOWN LA QUINTA, LLC FOR THE IMPROVEMENT AND USE OF A PORTION OF A VACANT PARCEL FOR ADDITIONAL OLD TOWN LA QUINTA PARKING; ASSESSOR PARCEL NUMBER 773-076-018; CEQA: EXEMPT UNDER SECTION 15061 (b)(3) COMMON SENSE EXEMPTION RECOMMENDATION Approve Lease and Use Agreement with Old Town La Quinta, LLC for the improvement and use of a portion of a City -owned vacant parcel for additional Old Town La Quinta parking; and authorize the City Manager to negotiate and execute the agreement. EXECUTIVE SUMMAR' • The City owns a 1.23 -acre vacant parcel in the Village (Parcel). Old Town La Quinta, LLC. (Old Town) desires to lease approximately 25,000 sq. ft. of the Parcel and use it for additional parking (Attachment 1). FISCAL IMPACT The proposed lease agreement is for a 3 -year initial term, and optional 1 -year extension, and another 364 -day extension. Old Town plans to rent a portion of the Parcel for 6 months every year, while the agreement is in effect, at $1,000 per month, which will generate $6,000 in annual revenue and will be deposited in the General Fund Account 101-0000-42120. BACKGROUND/ANALYSIS The City owns a 1.23 -acre vacant Parcel, bounded by Avenida Villa to the west and south, Avenida Navarro to the east, and Calle Tampico to the north (Attachment 1); APN: 773- 076-018. Old Town has agreed to lease approximately 25,000 sq. ft. of the Parcel, as depicted in Attachment 1 and use it as additional parking. Proposed is a Lease and Use Agreement (Agreement) (Attachment 2) for a 3 -year initial term, and optional 1 -year extension, and another 364 -day extension; for a monthly lease amount of $1,000; Old Town anticipates leasing a portion of the Parcel for 6 months each year while the Agreement is in effect. Any improvements to the Parcel, or portion thereof, will be coordinated with the City. 51 Upon expiration or termination of the proposed Agreement, the City will retain the Parcel for use as public parking, or other City use. The proposed Agreement is not a "disposition" subject to the California Surplus Land Act (SLA) pursuant to Government Code Section 54221(b)(1) and California Department of Housing and Community Development Guidelines Section 102 (h)(1), because the lease will not exceed 5 years. No finding under the SLA is required. The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to the "common sense exemption" in CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that the proposed lease may have a significant effect on the environment. ALTERNATIVES Council may elect not to approve this Agreement, modify the terms, or direct staff to return with alternate recommendations for this Parcel. Prepared by: Doug Kinley, Management Analyst Approved by: Jon McMillen, City Manager Attachments: 1. Site Map 2. Lease and Use Agreement 52 ATTACHMENT 1 r r ' • s ioa a �.1iaa•Lu•. •IIp••r•r.. NIr r1 .� .r Ito ` 'rA fDDV 1 . ntr.=.�••• •k �-r am ell i•.'"'�� r � •; � rr;�`sr '.�• • � -�.•• � r . mow•.•••=� Fif • • . • • • • • - � � �,c � °'►. J r 9/thy � � � _ `;'� i •/, Air • • ORA* Al Aft.-�I.--sem �1 r 1 • e � -� �'�.� *� �� • •_ l: •• a A;M r 0 -A U7 APN: 773-076-018 53 ATTACHMENT 2 LEASE AND USE AGREEMENT This LEASE AND USE AGREEMENT ("Agreement") is made and entered into this day of , 2023 (the "Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and the OLD TOWN LA QUINTA LLC, a limited liability company ("Company"). City and Company are hereinafter sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. City owns that certain real property more specifically described as APN 773-076-018-1 and depicted in Exhibit "A" which is attached hereto and incorporated herein by this reference (the "City Property"). As of the Effective Date, the City Property is an unimproved, vacant lot. B. Company owns a commercial development in the City commonly referred to as "Old Town La Quinta," which is adjacent to the City Property ("Old Town La Quinta"). C. Company desires to lease from City, and City desires to grant to Company a term lease permitting Company to improve and use the City Property for parking for Old Town La Quinta staff and visitors, subject to the terms and conditions of this Agreement. D. City has determined that the lease of the City Property to Company under the terms of this Agreement will not result in a shortage of public parking available to adequately serve adjacent uses in the City. NOW, THEREFORE, based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1. Scope of Agreement. City hereby enters into this Agreement as a lease and use agreement with regard to the City Property, for use by the Company on the terms and conditions of this Agreement. 2. Term. The term of this Agreement shall begin on the Effective Date and shall end on the date which is three (3) years from the Effective Date (the "Initial Term"). The City's City Manager in their sole discretion, may approve in writing up to one (1) additional one (1) year extension terms (the "1 -Year Extension Term"), and, thereafter, one (1) term not to exceed three hundred sixty-four (364) days (the "364 -Day Term"), upon the same terms of this Agreement. In no event shall the Term, including any extension, exceed five (5) years. The "Term" of this Agreement shall be the total time for which the Agreement remains in force and effect under the Initial Term, 1 -Year Extension Terms (if applicable), and the 364 -Day Term (if applicable). 3. Termination. Either Party may terminate this Agreement upon an uncured default by the other Party after a thirty (30) day notice and opportunity to cure the default. Either Party may further terminate this Agreement if applicable law, rule, or regulation requires such 2905/015610-0002 19800430.2 al 1/15/23 -1- 54 termination. Upon termination of this Agreement, Company shall surrender the City Property to City in substantially the same condition, reasonable wear and tear excepted, as existed as of the Effective Date, except for damages caused by casualty addressed in Section 4. Notwithstanding the foregoing, upon termination of this Agreement, the City Manager or designee in their sole discretion may (1) direct Company to leave any existing Improvement(s) (defined in Section 8) on the City Property, and/or (2) require Company to remove any existing Improvement(s) on the City Property. Any Improvements retained pursuant to clause one of the preceding sentence shall become part of the City Property. 4. Destruction of City Property. In the event the City Property is wholly or partially destroyed by casualty so as to render the City Property not tenantable, either City or Company may, in their respective sole and absolute discretion, terminate this Agreement upon written notice delivered within thirty (30) days from such casualty without further liability of either Party to the other Party. In the event that Company elects to terminate this Agreement, Company shall surrender the City Property to City and Company shall pay City rent, prorated on a daily basis, up to and including the date of Company's written termination notice. Notwithstanding the previous sentence, Company shall remain liable for the damage caused by itself or anyone acting on its behalf, and City shall have no liability to Company for any interruption of business caused by any damage or destruction of the City Property. 5. Rent. a. Rent. Company shall pay to City a sum of $1,000 per month for the City Property (the "Monthly Rent"). Monthly Rent shall be due on the first (1st) day of each month beginning on [INSERT DATE] ("Rent Commencement Date"). In the event the Rent Commencement Date is not the first (1St) day of the month, Monthly Rent for the days before the first (1St) day of the next month shall be prorated and included in the Monthly Rent for the first full month. It shall be a default of this Agreement in the event Company fails or refuses to pay Monthly Rent within fifteen (15) days after it becomes due. For purposes of this Agreement, any and all payments due to City by Company under this Agreement shall be included as "Rent" and, unless otherwise expressly provided herein, shall be due and payable to the City when the Monthly Rent shall be due and payable pursuant to this Section 5. b. Security Deposit. No later than ten (10) days from the Effective Date of this Agreement, Company shall deposit with City a sum equal to one month's Monthly Rent as a security deposit for the full and faithful performance of Company's obligations under this Agreement. If Company defaults with respect to any provision of this Agreement, including but not limited to failure to pay Rent, City may use, apply, and/or retain all or any portion of the security deposit for the payment of any Rent or other sum in default, or for the payment of any other amount that City may be obligated to spend or become obligated to spend by reason of Company's default, or to compensate City for any other loss or damage that City may suffer by reason of Company's default. If any portion of the security deposit is so used or applied by City, Company shall have ten (10) days after written demand therefore by City to deposit funds in the amount sufficient to restore the security deposit to its original amount. Company's failure to timely deposit said balance of funds to restore the security deposit to its original amount shall be a default of this Agreement. Company shall not be entitled to interest on the security deposit. If Company fully and faithfully performs every provision of his Agreement to be performed by 2905/015610-0002 19800430.2 al 1/15/23 -2- 55 Company, the security deposit (or any balance thereof) shall be returned to Company within thirty (30) days of the surrender by Company of the City Property to City in accordance with this Agreement. 6. Permitted Uses. Company may use the City Property for Company's exclusive parking use during the Term, including for visitor and staff parking for Old Town La Quinta. Company shall not permit the City Property to be used for any illegal purpose, or in such a manner as to constitute a nuisance to others. Notwithstanding Company's right to use the City Property, City shall have no obligation to enforce any unpermitted parking in the City Property. Company shall cause its parking facilities on the City Property to be operated in a proper and efficient business manner, and in accordance with all applicable laws. Company shall be responsible for the day-to-day management and operation of the parking facilities on the City Property. Company shall be responsible for all costs related in any way to the parking facilities on the City Property, and shall provide at its sole cost and expense all signage, facilities, equipment, supplies, materials, staffing, training, and instruction necessary for such parking facilities. 7. Condition of Cil. Property, Maintenance and SecuritX. Company accepts the City Property "as -is" in the condition in which the same exist upon the Effective Date of this Agreement, in a manner consistent with Exhibit "A" hereto, including without limitation paving, landscaping, lighting, security, striping and other conditions consistent with use of a City Property as may be required under the City's Municipal Code. City shall have no responsibility to improve the City Property to be suitable for parking use, or to maintain the City Property arising from Company's use thereof. City shall not be responsible for providing any security measures or personnel in the City Property. Company agrees to bear any, and all risks, costs and expenses incurred to complete any investigation or diligence required for the Company, and Company is not relying on any information, communication, representation or warranty of City, its employees or agents, whatsoever in entering into this Agreement. During the Term, Company shall maintain the City Property (and any Improvements thereupon) in good repair and condition and in a manner compliant with all applicable laws, and shall be solely responsible at all times for monitoring the conduct and ensuring the safety of the City Property. 8. Improvements. At Company's sole cost and expense, Company may improve the City Property pursuant to this Section 8. a. Scope of Improvements, City Approval. Company shall submit to City's City Manager or designee plans and specifications for any modifications or improvements Company desires to make to the City Property (each an "Improvement" and collectively the "Improvements"). All improvements shall be appropriate to the uses permitted pursuant to Section 6 of this Agreement and shall be designed and constructed in a manner which is consistent and harmonious with the surrounding area. The City Manager or designee, in their sole discretion, may approve, reject, or require modification to any Improvements Company proposes on the City Property. Company may not construct any Improvements on the City Property without the prior written consent of the City Manager or designee. b. Government Approvals. City's consent to Improvements provided pursuant to this Agreement is not in lieu of any necessary approval, permit, or other consent required by any 2905/015610-0002 19800430.2 al 1/15/23 -3- 56 applicable law. Company shall be independently responsible for obtaining the requisite government approvals (if any) for the Improvements. C. Contractors. All contractors and subcontractors performing work on the Improvements shall be licensed contractors in accordance with all applicable laws, possessing good labor relations, capable of performing quality workmanship. d. Materials. Company shall use only new, first-class materials for the Improvements, except where explicitly approved by City in writing. All work shall be done in a good and workmanlike manner. Company shall obtain contractors' warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship. e. Schedule of Work. Once any work on Improvements has been commenced by or under Company, Company shall cause such work to be diligently prosecuted to completion, at no cost or expense to City, in a good and workmanlike manner according to and in conformity with this Agreement and all applicable laws. f. Ownership of Improvements. All Improvements shall, during the term of this Agreement, remain the property of Company. If pursuant to Section 3 hereof, City directs Company to leave any Improvements on the Property after termination of this Agreement, ownership of such Improvements shall automatically pass to City upon termination. g. Removal. Company shall have no right at any time to waste, destroy, demolish or remove any of the Improvements without the prior written consent of City's City Manager or designee. 9. Entry and Inspection. City and its employees, representatives, agents, and consultants shall have the right to enter the City Property for the purpose of inspecting the same, to post notices of non -responsibility, to exercise any rights under this Agreement. 10. Indemnification. a. Indemnification of City. Company shall indemnify, defend, and hold harmless City and its officers, officials, employees, agents, or representatives (collectively the "City Indemnitees") against any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity arising out of or relating to (i) any activity or work done, permitted, or suffered on the City Property, including construction, maintenance, and use of any Improvements; (ii) use of the City Property and/or Improvements by Company and its officers, officials, employees, agents, representatives, invitees, patrons, or sub -licensees; or (iii) the acts or omissions of Company or its officers, officials, employees, agents, or representatives acting in an official capacity. This indemnity shall specifically include the right to indemnification for any claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity arising from the acts or omissions, whether negligent, reckless, willful or otherwise, of any third party when such third party is or was on or about the City Property. Notwithstanding the forgoing sentences, Company shall have no obligation to indemnify, defend, and hold harmless the City Indemnitees for any claim, demand, cause of action, damages, costs, expenses, losses and liabilities arising from or relating to (i) a pre-existing environmental condition concerning hazardous substances on or under the City Property; or (ii) any active negligence or 2905/015610-0002 19800430.2 al 1/15/23 4- 57 willful misconduct of City Indemnitee(s) while on or about the City Property. The policy limits of any insurance of Company, or other parties, are not a limitation upon the Company's obligation to indemnify the City as set forth in this Agreement. b. No Indemnification of CompanX. Except as provided by law, there is no indemnification provided by City to Company under this Agreement. 11. Insurance. Company shall procure and maintain for the duration of the Term and at no cost or expense to City the following insurance or, with the City's approval that shall not be unreasonably withheld, self-insurance with comparable insurance coverage as set forth below: a. Comprehensive general liability insurance with respect to the City Property and the operations of or on behalf of Company or its agents, representatives, officers, directors, and employees in, on or about the City Property in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury, personal injury, death and property damage liability, subject to such increases in amount as City may reasonably require from time to time. The policy or policies shall include that City and its officers, officials, members, employees, representatives, and agents shall be named as additional insureds under such policy or policies, with an endorsement evidencing some, and shall provide that such policy or policies shall not be terminated unless thirty (30) days' notice has been provided to City; b. Worker's compensation coverage as required by the laws of the State of California together with employer's liability coverage; and c. With respect to items of personal property located on or in the City Property, insurance against fire, peril, or flood, extended coverage, vandalism and malicious mischief, and such other additional perils, hazards and risk as now are or may be included in standard "all risk" forms in general use in Riverside County, California, for an amount equal to not less than the full current actual replacement cost thereof. City shall be named as an additional loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement. d. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee in their sole discretion. e. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or, if approved by the City Manager or designee, a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, as well as accompanying endorsements, shall be delivered to City prior to the date Company is given the right of possession of the City Property or as City may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. f. If Company is self-insured, Company shall provide evidence of said insurance to the City Manager or designee prior to the date Company is given the right of possession of the 2905/015610-0002 19800430.2 al 1/15/23 -5- 58 City Property or as City may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. 12. Liens and Encumbrances. Company shall not create or cause to be imposed, claimed, or filed upon the City Property or any portion thereof, or upon City's interest therein, any lien (including mechanic's liens), charge or encumbrance whatsoever. If, because of any act of omission of Company, any such lien, charge or encumbrance shall be imposed, claimed or filed, Company shall promptly, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) and, to the extent permitted by law, Company shall indemnify and save and hold City harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorney's fees resulting from Company's failure to satisfy or release such claim in a reasonable time or to defend any action or proceeding on behalf of City, at both trial and all appellate levels, resulting or on account thereof and therefrom. Upon notice from City, Company shall defend any action or proceeding on behalf of City at Company's expense by counsel selected by City which is reasonably acceptable to Company. The provisions of this Section shall survive the expiration or termination of this Agreement. In the event that Company shall fail to comply with the foregoing provisions of this Section, City shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Company agrees to reimburse City, upon demand, for all sums so paid and for all costs and expenses incurred by City in connection therewith, together with interest thereon not to exceed three percent (3%) per annum, or the maximum amount permitted by applicable law, whichever is lower, until paid. 13. Taxes and Utilities. Company hereby agrees to pay, if any, sales and use, transactions and use, and property taxes and assessments levied against the City Property, and any and all utility services that Company may procure, for the use and operation as authorized under this Agreement. 14. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either Party is prevented or delayed by reason of any act of God, strike, lockout, pandemic, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of Rent by Company as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the Party required to perform the act. 15. Defaults and Remedies. Agreement: 2905/015610-0002 19800430.2 al 1/15/23 a. The following shall constitute a default of Company under this i) The vacating or abandonment of the City Property by Company; no 59 ii) The failure by Company to pay, by the dates and in the manner herein prescribed, the Rent or any other monetary charges or payments that Company has the obligation to pay under this Agreement, and said Rent or other monetary charges or payments are not paid within ten (10) days after the deadline to make said payment; iii) Company's failure to perform any other non -monetary or payment obligation under this Agreement, and Company fails to cure said obligation within a reasonable time, but in no event later than thirty (30) days after City delivers written notice of such failure to Company, or, if performance cannot be completed with thirty (30) days, Company commences to cure the identified default within thirty (30) days after receipt of such notice and thereafter diligently prosecutes such cure to completion; iv) The filing of any voluntary or involuntary proceedings in bankruptcy or otherwise under the National Bankruptcy Act, which are not dismissed within sixty (60) days of such filing; V) The recording against the City Property of any lien or encumbrance, in violation of Section 11 of this Agreement, and Company fails to remove said lien or encumbrance within ten (10) days of recording. b. In the event of an uncured default of this Agreement by Company, City shall have the following rights and remedies: i) The Agreement shall continue in effect as long as City does not terminate Company's rights to possession of the City Property, and City may enforce all of its rights and remedies, including the right to recover unpaid Rent and other amounts payable by Company under this Agreement as they become due and payable; ii) For as long as City does not terminate Company's rights to possession of the City Property (which, if City does so terminate, City may only do so by having notified Company of the same in writing), Company shall have the right to assign its interest in this Agreement and/or sublet the City Property subject to the terms and conditions for such assignment and sublet set forth in Section 15 of this Agreement, provided all defaults are cured prior to the effective date of any such assignment or sublet; iii) City may terminate this Agreement, and in such event, City may declare this Agreement and Company's right to possession terminated and re -take the City Property, and remove (if any) Company's property therefrom and either dispose of the same and retain the proceeds thereof as may be allowed by law, or store the same for Company at Company's sole cost and expense; and iv) In the event City elects to terminate this Agreement and Company's right to possession, or Company's right to possession is otherwise terminated by operation of law, City may recover as damages from Company the following: (1) The worth at the time of award of the unpaid Rent which had been earned at the time of termination; 2905/015610-0002 19800430.2 al 1/15/23 -7- (2) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Company proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Company proves could be reasonably avoided; and (4) Any other amount necessary to compensate City for all the detriment proximately caused by Company's failure to perform Company's obligations under this Agreement and/or which in the ordinary course of things would be likely to result therefrom, including but not limited to costs and expenses incurred by City in recovering possession of the City Property, repairing the City Property for reletting or use, as well as any other fees (such as attorney's fees, broker's fees, and the like) in exercising any of City's rights and remedies under this Agreement. V) For purposes of this Agreement, the "worth at the time of award" of the amounts referred above is governed by Civil Code section 1951.2. Pursuant thereto, the worth at the time of award for subparagraphs (1) and (2) in paragraph iv) above is computed by allowing interest at the maximum rate allowed under California law, and the worth at the time of award of the amount referred to in subparagraph (3) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). vi) Any efforts by City to mitigate the damages caused by Company's default or breach of this Agreement shall not waive City's right to recover damages under the foregoing provisions. vii) Nothing in this Section 14 of this Agreement affects the right of City to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage and set forth elsewhere in this Agreement. viii) The foregoing remedies for the City shall not be exclusive but shall be cumulative and in addition to all rights and remedies now or hereafter provided or allows by California law, including but not limited to Civil Code sections 1951.2 and 1951.4. ix) Company covenants that, upon the termination of this Agreement by City after an uncured default by Company, Company shall surrender and deliver to City the City Property peaceably and quietly. X) Company hereby waives any right of redemption or relief from forfeiture under Code of Civil Procedure sections 1174 and 1179, or under any other current or future law regarding the same, in the event that Company is evicted or City takes possession of the City Property by reason of any default and/or breach by Company. C. City shall not be in default unless City fails to perform obligations required of City under this Agreement within a reasonable time, but in no event later than thirty (30) days after Company delivers written notice of such failure to City, or, if performance cannot 2905/015610-0002 19800430.2 al 1/15/23 61 be completed with thirty (30) days, City commences to cure the identified default within thirty (30) days after receipt of such notice and thereafter diligently prosecutes such cure to completion. Notwithstanding any default by City, Company shall have no right to terminate this Agreement unless, by mutual consent of the Parties, the Agreement is to be terminated, and Company shall have no right to claim any offset or deduction against the Rent or other amounts payable by Company as set forth in this Agreement. 16. General Provisions. 2905/015610-0002 19800430.2 al 1/15/23 a. Authorily. Each Party represents and warrants to the other that said Party has full right and authority to enter into this Agreement, and that said Party's entry into this Agreement does not require permission or consent of any third -party and does not violate any other agreements to which said Party is bound. b. Compliance with Law. Company shall at all times comply with all Federal, State, and local laws applicable to Company's use of the City Property. C. Attorney's Fees. In the event either Parry brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other Party, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law. d. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to Company's use of the City Property and supersedes all prior discussions, negotiations, understandings, or agreements relating thereto. e. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and shall not be affected, impaired or invalidated thereby. f. Waiver. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against either of the Parties hereto, unless made in writing and executed by both Parties. u 62 2905/015610-0002 19800430.2 al 1/15/23 g. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. h. Assignment, Subletting. Company may not assign this Agreement or sublet the City Property without the prior written consent of City, which may be granted or withheld in City's sole and absolute discretion. Any assignment or sublease in violation of this Section shall be null and void. City may assign this Agreement in the event of a change of ownership of the City Property. i. Binding on Successors. This Agreement shall apply to and be binding upon the heirs, successors, executors, administrators, and permitted assigns of each of the Parties hereto. j. Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Company shall survive the expiration or termination of this Agreement. k. Administration of Agreement. The City Manager or authorized designee shall have the authority to execute this Agreement and any other documents or approvals necessary to effectuate the purpose of this Agreement, and the City Manager may administratively approve and execute amendments which do not result material changes to the Term or payments required for Rent. The City Manager may refer any matter subject to the City Manager's or authorized designee's approval to the City Council. 1. Choice of Law; Litigation Matters. The Superior Court of the State of California for the County of Riverside shall have the exclusive jurisdiction of any litigation between the Parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the internal laws of the State of California without regard to conflicts of law principles. Service of process on the City shall be made in the manner required by law for service on a public entity. M. No Partnership or Joint Venture. Nothing in this Agreement shall be construed to render City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Company, nor shall this Agreement authorize either Party to act as an agent for the other. n. Non -Liability of Officers, Officials, and Agents. No officer, official, employee, agent, or representative of either City or Company shall be personally liable to the other Party, or any successor or assign of same, in the event of any default or breach by either Party, or for any amount which may become due to the other Party, or any successor or assign of same, or for breach of any obligation of the terms of this Agreement. -10- 63 2905/015610-0002 19800430.2 al 1/15/23 o. Covenant Against Discrimination. Company covenants for itself, successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, ancestry, or any other protected class or characteristic under Federal or State law, in the performance of this Agreement. p. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. q. Notices. notices required to be delivered under this Agreement or under applicable law shall be personally delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the third business day following dispatch. Notices delivered by e-mail shall be effective the following day, provided there is confirmation of receipt of said e- mail by the Party sending the e-mail. Notices shall be delivered to the following addresses, which may be changed from time to time upon written notice to the other Parry: City of La Quinta To City: Attn: City Manager 78495 Calle Tampico La Quinta, CA 92253 e-mail: jmcmillen@laquintaca.gov Rutan & Tucker, LLP With a copy to: Attn: William H. Ihrke, Esq. 18575 Jamboree Rd., 9th Floor Irvine, CA 92612 e-mail: bihrke@rutan.com To Company [INSERT] With a copy to: [INSERT] r. Time of Essence. Time is of the essence in the performance of this Agreement. S. Recitals and Exhibits. The Recitals above and all exhibits attached hereto are hereby incorporated into the Agreement by this reference. t. Construction. Headings at the beginning of each section and sub -section of this Agreement are solely for the convenience of and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by -11- 64 2905/015610-0002 19800430.2 al 1/15/23 one or the other of the Parties, but rather as if both Parties prepared this Agreement. If the date on which a Party is required to take any action pursuant to the terms of this Agreement is not a business day of City, the action shall be taken on the next Agreement business day of City. [Signature page to follow] -12- 65 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. CITY OF LA QUINTA, OLD TOWN LA QUINTA, LLP, a California a California municipal corporation limited lability company By: _ Title: Dated: ATTEST: By: Monika Radeva Title: City Clerk APPROVED AS TO FORM: By: William H. Ihrke Title: City Attorney 2905/015610-0002 19800430.2 al 1/15/23 -13- By: _ Title: Dated: By: _ Title: Dated: 0 EXHIBIT "A" DEPICTION OF CITY PROPERTY PARCEL NUMBER: 773076018 x APH' 773OMIS Owner: NOTAVAILABLE ONLFNE Address: What's Mvuit]g As5essufs MA2 Re€vrded 600kMage.Mg 18182 ' Full Rte 3 Summaly r&8 Shaw this PaKel an Gaoole Maj& City of La Q'uinta i 2905/015610-0002 67 19800430.2 al 1/15/23 EXHIBIT "A" H f; u15- '; 4. City of La Q'uinta i 2905/015610-0002 67 19800430.2 al 1/15/23 EXHIBIT "A" M.; CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDING AND APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH GRANITE CONSTRUCTION COMPANY FOR SEVERAL EMERGENCY ROAD REPAIRS THROUGHOUT THE CITY, PROJECT NO. 2023-20 RECOMMENDATION Appropriate $750,000 and approve Agreements for Contract Services with Granite Construction Company for emergency road repairs of unexpected substantial pavement sink holes throughout the City; and authorize the City Manager to execute the agreements and approve future change orders within the projects' budget amounts. EXECUTIVE SUMMARY • Several emergency road repairs were identified, one in August 2023 and additional ones following Tropical Storm Hilary and the rainstorm immediately thereafter, which were completed by Granite Construction Company (Granite). • In accordance with the City's Purchasing and Contracting Policy (Policy), the City Manager or designee has the authority to make immediate purchases of goods and services in the event of an emergency, and Council shall ratify emergency procurement and spending. • The City is currently seeking State and Federal Funding to supplement the emergency repair costs. FISCAL IMPACT Project No. 2023-20 is not part of the City's Capital Improvement Program (CIP). Funding is requested in the amount of $750,000 from the General Fund to supplement the Road Repairs account (201-7003-72111). Project No. 2023-20 will be used to track expenses for emergency repairs related to Tropical Storm Hilary and to request state and federal reimbursement, if and when it becomes available. The following is the requested project budget: .• Total Budget Construction 1: Washington St, north of Avenue 47 $ 161,240 Construction 2: Multiple sink holes following Tropical Storm Hilary $ 479,023 Contingency: $ 109,737 Total Budget: $ 750,000 .• BACKGROUND/ANALYSIS Granite was awarded the contracts for Avenue 50 and Avenue 52 Pavement Rehabilitation Project Nos. 2022-01 and 2022-14 and Fred Waring Drive Pavement Rehabilitation Project No. 2022-03, following a competitive bidding process. A large sink hole, 12 ft. by 80 ft. and 5 ft. deep, developing north bound on Washington Street, north of Avenue 47, along the east side of the road near the gutter pan (Attachment 1), needed emergency repair as it was posing immediate threat to life or property. The City executed an emergency Agreement for Contract Services in the amount of $161,239.51 on August 16, 2023, with Granite (Attachment 2). Due to Tropical Storm Hilary and the rainstorm immediately thereafter, multiple sink holes appeared throughout the City (Attachment 1) that required emergency repairs; the locations are as follows: Monroe Street, south of Avenue 58 and Avenue 50, east of Jefferson Street; Avenue 62 and SilverRock Way; and Washington Street, South of Avenue 47. An Agreement for Contract Services is enclosed as Attachment 3 for these repairs, which have been completed. Since Granite was already doing road work in the areas needing the emergency repairs, Granite was tasked with completing the emergency work in between projects. In accordance with the City's Policy, Resolution No. 2023-008, Council shall ratify emergency procurement and spending. Pursuant to the Policy, the City Manager or designee has the authority to make immediate purchases of goods and services in the event of an emergency, to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and the City is not required to engage in either formal or informal competitive bidding in an emergency. The City is currently seeking State and Federal Funding to supplement the emergency repair costs. ALTERNATIVES As these road repairs are necessary to provide quality and safe essential public infrastructure, staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Agreement with Granite for Washington St, north of Avenue 47 Sink Hole 3. Agreement with Granite for additional sink holes 70 A.• .. •ifs. r ■ r v r �. o Fls ?�•:=-Ax 1_l: :;.b -?51s Monroe Sink Hole Damage �` ,� ¢ Legend ATTACHMENT 1 Dig -out and repair sink holes and remove and replace , ;- ..__=—i W y�? . , ,� - CD Farms 4.5" AC Paving over recompacted base - i" -99 0 Dig -out 1 20 x20 x5 Dig -out 2 58'x20'x4' Dig -out 3 20'x20'x6' Remove and Replace 4.5" AC Av 49 •,�y max. ��� � 144 { � �� � 1.:: ;j�'5..= o' t� .• � :'�'' - s'`_. r - � Ste.,. y q� - - � .. , .:-I� ° ;?ir ::-fir'` -_,✓',,,,��.y, ,'+�.} �``• - � = --- _ � r ^•� rRl�,. r • - :.� r T. r ;.r 7�r„ - - ted,=- _ _ - - 5� .s 7:., • - ;� w` � t ,rte �+ # dw. • .1 it �. k! • �-r ! P 1 w we, 40 90 R . • r. "� ' ^ +lyk•• y�Q ',y � ,"y,�s> � -'(q. ' ;'�' •a 6 . rte" w ' � ^ - .. .•� ..} . Washington Pavement j Damage 12" Pulverization, Grade, and Pave 5" AC Tw Legend 12" Pulverization, Grade, and Pave 5" AC Century Theatres .Ik 4 *�•. 41 jX7 a � Pit A —jkl IM c r` R��� � "f• �' � � -ti. + •may*�?� . f •'~•� F _� ... o7AL n �S• :.r .. fir, •,. ,,� • ^� � hap 72LI 1 +1 y .. I I • V ,b yn _ 7 77 Botle_a Estate - _ Citrus �+ v �,-E: EF_ oE:.• Q - r it r� _ I -.�• ` g:•:u 5 All V. 133w A. P X44 rS �_ t ` lb °The Ilintage3Coffee Nou"se 'dry?iy I e 50 yen' a -0 log Fit a ..' t5a! Rancho !]e, � ' r. 700 ft f Ave 62 Sink Hole Damage Dig -out and repair sink hole and remove and replace 4.5" AC Paving over concrete slurry (assumed 4' wide along edge of roadway) 0 1a Dig -out 100'x25' - - ��- � _'tom �=� it �?". - :t:•. � . : M� .;f!�,., ..`{ ,�s'• Vii.. k�. �,,. ql�[ El 74 J7 fM F-11 i r_Ta:I Lvi 14 LI 11 iK AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Granite Construction Company, with a place of business at 38000 Monroe Street, Indio, CA 92203 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Emergency Road Repairs, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 75 performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. -2- IN 1.8 Special Reguirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Sixty -One Thousand Two Hundred Thirty -Nine Dollars and Fifty -One Cents ($161,239.51), for the life of the Agreement(the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation_ for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the -3- 77 Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C°, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "x}libit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force MEIjCUre. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 8, 2023, and terminate on October 31, 2023 ("Initial Term"). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of -4- 78 Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Granite Construction Company 38000 Monroe Street Indio, CA 92203 ATTN: Igor Srdic (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Ubaldo Ayon It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Of_fi_cer. The "Contract Officer", otherwise known as the Public Safety Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved -5- 79 transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. rot rf 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to .the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. RECORDS AND REPORTS, 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and -7- 81 enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. E:VJ 7.5 Licensing of intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long in 83 as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights_ and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services -10- 84 authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. -11- 85 No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Ubaldo Ayon 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: GRANITE CONSTRUCTION COMPANY Attention: Igor Srdic 38000 Monroe Street Indio, California 92203 10.2 Interpretation. 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 which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. -12- 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE) -13- FMA IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation GIL VILLALPANDO, Acting City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADE A, C t Clerk City of La Quinta, Califbrnia APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California -14- CONTRACT G PARTY: By: Name: J eph P. Richardson Title: Regional Chief Estimator By: Name:_ Title: :: GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED, that, effective January 1, 2023 through December 31, 2023, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed $75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that, effective January 1, 2023 through December 31, 2023, the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company in excess of $75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that, effective January 1, 2023 through December 31, 2023, the individuals named on the attached Exhibit 1 and Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper construction contract documents prepared and submitted on behalf of the Company relating to domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures, and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. I, M. Craig Hall, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (tile "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted effective January 1, 2023 by a Unanimous Written Consent of the Board of Directors in accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolutions adopted have not been repealed and are still in full force and effect: Dated: January 1 2023 ktOLUC7-j rr�r M. rai all p ,yq F •; n Vr �'s❑w z�ny A. 1,22 ? c -e EXHIBIT 1 AUTIiORIZED SIGNERS Granite Construction Company California Group Desert Cities Region AUTHORIZED SIGNERS Bill Moore, VP Desert Cities Region Joseph P. Richardson, Regional Chief Estimator Rudy Barela, Regional Controller Muin Mustafa, Project Executive Todd Besant, Project Executive ATTESTORS Bill Moore, VP Desert Cities Region Joseph P. Richardson, Regional Chief Estimator Rudy Barela, Regional Controller Muin Mustafa, Project Executive Todd Besant, Project Executive Julia Hays, Estimating Assistant M EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company AUTHORIZED SIGNERS Kyle T. Larkin, President & CEO Elizabeth L. Curtis, Executive Vice President James A. Radich, Executive Vice President & Chief Operating Officer Kenneth B. Olson, Senior Vice President of Corporate Finance & Treasurer Brian R. Dowd, Senior Vice President Group Operations Michael G. Tatusko, Senior Vice President Group Operations Bradley J. Williams, Senior Vice President Group Operations 91 Exhibit A Scope of Services Emergency repair of unexpected substantial pavement sink hole 12'x80' and 5' deep north -bound on Washington Street, north of Avenue 47, posing immediate threat to life or property. The scope of work is detailed in attached proposal by Granite Construction Company, dated July 17, 2023. Exhibit A Page 1 of 4 Last revised summer 2017 G GRMI7E CA License 89 Granite Construction (111111panx 36000 M4tuQr �Si45t icor. srdic@ecinc.com 160-501-1716 Proposal July 17, 2023 PROJECT AVENUE 50 Ec AVENUE 52 PAVEMENT REHABILITATION Washington St Emergency work La Quinta, CA 11H1-111ARl:1)1OR CityofLaQuinta Ubaldo Ayon uayon(,laquintaca.gov (760)275-2789 ITEM DESCRIPTION QUAN UNIT P81I EXT PRICE 1 MOBILIZATION 1.000 LS $5,000.00 $5,000.00 2 TRAFFIC CONTROL 1.000 LS $17,111.08 $17,111.08 3 DEMO ASPHALT 960.000 SF $ 13.41 512,873.60 4 DIRT EXCAVATION 177.780 CY $ 115.33 $20,503.37 5 SLURRY VOID 177.780 CY $ 311.00 $55,289.58 6 AC PAVING 4.5' 27.000 TN S 997.64 $26,936.28 7 CttG REtR 80.000 LF $ 294.07 $23,525.60 TOTAL: $161,239.51 General Conditions 1. Granite's proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General Contractor. 2. All operations based upon normal working hours and shifts (unless otherwise noted), availability of materials and equipment, weather and ground conditions permitting. Our price does not include weather delays. 3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not limited to overtime/weekend work, additional crews, etc. 4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums to mitigate potential impacts due to material availability. 5. Assumes project will not have a CCIP or OCIP. Page 1 of 2 93 6. Granite Construction is not responsible for areas destroyed or damaged by other contractors, weather, acts of God or anything beyond our control. Our prices do not include allowances for loss of production or repairs due to inclement weather. 7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling, removal, storage or transportation of hazardous and/or toxic materials. B. Includes 1 year warranty from completion of Granite's work. 9. Excludes SWPPP and PM -10 plans, BMPs and any inspections. 10. Proposal good for 30 days. 11. Labor and equipment prices good through December 3151, 2023. Specific Conditions & Assumptions 12. Trench Work is assumed to be 12'40', 5' deep. All dirt will be hauled off from site. 13. 2sack-Slurry backfill to be used and pumped with 28m concrete pump. 14. First lane of traffic on Washington to be closed and vehicle merged to lane 2, 1 ea Arrowboard provided. Craft vehicle parking to be provided by the client. 15. Concrete curb removal and replacement will be performed only if needed and at inspectors' discretion and direction. 16. Yi" AC mix material approved for Ave 50 Et 52 to be used and installed in two lifts. No grade changes, paving to existing conditions. Survey excluded. Paving is assumed to be performed together with Washington St scope of work for Fred Waring project. Any gaps in days in timeline or overtime hours for this work will result in additive Change order to Granite for overtime hours and unproductive work through T&M. 17. 1 day of potholing included. Any unknown utilities and conflicts to be addressed with additive T&M change order. 18. No trench plating provided due to the size of the trench, contractor will install water barriers on vehicle side and chain link fence on sidewalk side. 19. It is mutually agreed that Washington Scope of work for Fred Waring project will not start the project calendar days until Granite starts construction at Fred Waring scope of work. Page 2 of 2 94 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A Page 2 of 4 95 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. Exhibit A Page 3 of 4 ., (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A Page 4 of 4 lA Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Sixty -One Thousand Two Hundred Thirty -Nine Dollars and Fifty -One Cents ($161,239.51) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit B Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 •• None Exhibit D Special Requirements Exhibit D Page 1 of 1 100 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 6 101 Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Exhibit E Page 2 of 6 102 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaininq to Provisions of Insurance Coverage b Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. Exhibit E Page 3 of 6 103 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement Exhibit E Page 4 of 6 104 to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. Exhibit E Page 5 of 6 105 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 6 of 6 W ^. Exhibit F Indemnification FA Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in ExhiNt A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional _LiabiiitY. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction [Limitation on Indemnity . Without affecting the rights of City under any provision of this agreement, Contracting. Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F Page 1 of 2 107 d. Indemnification Provision for Design Professionals. 1. ApplicabilAy Applicabilityof this Section FAM. . Notwithstanding Section FA (a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions, Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 108 ATTACHMENT 3 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Granite Construction Company, with a place of business at 38000 Monroe Street, Indio, CA 92203 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Emergency Road Repairs, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 109 performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 110 -2- 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Four Hundred Seventy -Nine Thousand Twenty -Three Dollars and Forty Cents ($479,023.40), for the life of the Agreement (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 8, 2023, and terminate on December 31, 2023 ("Initial Term"). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of 112 -4- Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Granite Construction Company 38000 Monroe Street Indio, CA 92203 ATTN: Igor Srdic (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Ubaldo Ayon It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as the Public Safety Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved 113 -5- transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 114 -6- 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATIO 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and 115 -7- enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 116 -8- 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long 117 -9- as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Ubaldo Ayon 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: GRANITE CONSTRUCTION COMPANY Attention: Igor Srdic 38000 Monroe Street Indio, California 92203 10.2 Interpretation. 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 which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 120 -12- 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: By: j L — Name: Jose h P. Richardson Title: Regional Chief Estimator By: Name: Title: -14- 122 Exhibit A Scope of Services Emergency repair of unexpected substantial pavement sink holes throughout the City of La Quinta, posing immediate threat to life or property. The scope of work is detailed in attached proposal by Granite Construction Company, dated August 24, 2023. Exhibit A 123 Page 1 of 4 Last revised summer 2017 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A 124 Page 2 of 4 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. Exhibit A 125 Page 3 of 4 (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A 126 Page 4 of 4 G GRarnTe CA License 89 Granite Construction Company 38000 Monroe Street ip,or.srdic@gcinc.com 760-501-1716 Proposal August 24, 2023, PROJECT La Quinta Sinkhole Emergency work La Quinta, CA PREPARED FOR City of La Quinta Ubaldo Ayon uayon@laquintaca.gov (760)275-2789 General Conditions 1. Granite's proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General Contractor. 2. All operations based upon normal working hours and shifts (unless otherwise noted), availability of materials and equipment, weather and ground conditions permitting. Our price does not include weather delays. 3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not limited to overtime/weekend work, additional crews, etc. 4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums to mitigate potential impacts due to material availability. 5. Assumes project will not have a CCIP or OCIP. 6. Granite Construction is not responsible for areas destroyed or damaged by other contractors, weather, acts of God or anything beyond our control. Our prices do not include allowances for loss of production or repairs due to inclement weather. 7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling, removal, storage or transportation of hazardous and/or toxic materials. Page 1 of 2 127 ITEM DESCRIPTION QUAN UNIT EXT PRICE 1 MOBILIZATION/DEMOBILIZATION ALL SITES 1.000 LS $51,520.00 2 MONROE Et 58 EXC AND PAVE 1.000 LS $90,141.24 3 AVE 62 EXC Et PAVE 1.000 LS $186,710.71 4 EX Et PAVE 50 Et JEFFERSON 1.000 LS $70,235.2 5 PULVERIZE Et PAVE WASHINGTON 8 47 1.000 LS $80,416.25 TOTAL: $479,023.40 General Conditions 1. Granite's proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General Contractor. 2. All operations based upon normal working hours and shifts (unless otherwise noted), availability of materials and equipment, weather and ground conditions permitting. Our price does not include weather delays. 3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not limited to overtime/weekend work, additional crews, etc. 4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums to mitigate potential impacts due to material availability. 5. Assumes project will not have a CCIP or OCIP. 6. Granite Construction is not responsible for areas destroyed or damaged by other contractors, weather, acts of God or anything beyond our control. Our prices do not include allowances for loss of production or repairs due to inclement weather. 7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling, removal, storage or transportation of hazardous and/or toxic materials. Page 1 of 2 127 8. Includes 1 year warranty from completion of Granite's work. 9. Excludes SWPPP and PM -10 plans, BMPs and any inspections. 10. Proposal good for 30 days. 11. Labor and equipment prices good through December 31St, 2023. Specific Conditions Et Assumptions 12. Trench Work is assumed to be 5' deep. All dirt will be hauled off from site. 13. 2sack-Slurry backfill to be used and pumped with 28m concrete pump. 14. Traffic Engineer TCP stamp excluded. 15. Concrete curb removal and replacement will be performed only if needed and at inspectors' discretion and direction. 16. ''/z" AC mix material approved for Ave 50 Et 52 to be used and installed in two lifts. No grade changes, paving to existing conditions. Survey excluded. 17. Potholing to be determined on site. 18. Pricing for budgetary purposes only, actual work will be performed on TEtM. Pricing is NOT "not to exceed price" as contractor is dealing with unknown site conditions. Page 2 of 2 128 4mRA171TE'" Pay Esdmate Date: 10/3/2023 Job Description: Job No. 1300610 To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1 78495 CALLE TAMPICO Work Completed LA QUINTA, CA 92253 Through: July 30, 2023 Attn: Ubaldo Ay6n Item Description Contract Quantity Units >u.uu Unit Price Contract Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete Monroe/58 and Ave 50 East of Jefferson Percent Complete 1 Mobilization 1.00 LS $ 25,760.00 25,760.00 0.00 0.00% 2 Management 4.00 WK $ 5,500.00 22,000.00 0.00 0.00% 3 T&M Work 1.00 LS $ 160,376.44 160,376.44 0.00 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 0.00% 0.00 I V I AL WN I KAG I I I CMA CONTRACT CHANGE ORDERS IN Z10,1,50.44 au.uu >u.uu au.uu I I Item Contract Change Order Description Quantity Unit Unit Price CCO Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete SUBTOTAL CONTRACT CHANGE ORDER TOTAL CONTRACT & CCO(S) $ - $ 218,136.44 $ - $0.00 $ - $0.00 $ - $ - $0.00 129 Pay Estimate Date: 10/3/2023 Job Description: Job No. 1300610 To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1 78495 CALLE TAMPICO Work Completed LA QUINTA, CA 92253 Through: July 30, 2023 Attn: Ubaldo Ay6n Item Description Contract Quantity Units >u.uu Unit Price Contract Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete Ave 62 and SilverRock Percent Complete 1 Mobilization 1.00 LS $ 25,760.00 25,760.001 0.00 1 1 0.00% 2 Management 4.00 WK $ 5,500.00 22,000.00 0.00 0.00% 3 T&M Work 1.00 LS $ 326,991.34 326,991.34 0.00 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 0.00% 0.00 I V I AL WN I KAG I n ems CONTRACT CHANGE ORDERS IN 404,101-54 au.uu >u.uu au.uu I I Item Contract Change Order Description Quantity Unit Unit Price CCO Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete SUBTOTAL CONTRACT CHANGE ORDER TOTAL CONTRACT & CCO(S) $ - $ 384,751.34 $ - $0.00 $ - $0.00 $ - $ - $0.00 130 CSP'f t A n ITES" Pay Estimate Date: 10/3/2023 Job Description: Job No. 1300610 To: CITY OF LA QUINTA, CALIFORNIA EMERGENCY WORK 1 78495 CALLE TAMPICO Work Completed LA QUINTA, CA 92253 Through: July 30, 2023 Attn: Ubaldo Ay6n Item Description Contract Quantity Units �Ouxu Unit Price Contract Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete Washington South of 47 Percent Complete 1 Mobilization 1.00 LS $ 12,880.00 12,880.00 0.00 0.00% 2 Management 1.00 WK $ 5,500.00 5,500.00 0.00 0.00% 3 T&M Work 1.00 LS $ 80,416.25 80,416.25 0.00 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 0.00% I U I AL I,UN I KAU I I I CMJ CONTRACT CHANGE ORDERS a lub,lub.zo bU.uu �Ouxu zou.uu I I Item Contract Change Order Description Quantity Unit Unit Price CCO Amount Previous Total Quantity Amount This Period Quantity Amount Total -To -Date Quantity Total Percent Complete SUBTOTAL CONTRACT CHANGE ORDER TOTAL CONTRACT & CCO(S) $ - $ 108,796.25 $ - $0.00 $ - $0.00 $ - $ - $0.00 131 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four Hundred Seventy -Nine Thousand Twenty -Three Dollars and Forty Cents ($479,023.40) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit B 132 Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C 133 Page 1 of 1 None Exhibit D Special Requirements Exhibit D Page 1 of 1 134 Exhibit E Insurance Requirements 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Exhibit E 135 Page 1 of 9 Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. Exhibit E 136 Page 2 of 9 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Exhibit E 137 Page 3 of 9 Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Exhibit E 138 Page 4 of 9 Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment() which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. Exhibit E 139 Page 5 of 9 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Exhibit E 140 Page 6 of 9 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Exhibit E 141 Page 7 of 9 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Exhibit E 142 Page 8 of 9 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Exhibit E 143 Page 9 of 9 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F 144 Page 1 of 2 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F 145 Page 2 of 2 Exhibit G Terms and Conditions Applicable to Agreement Based On Federal Assistance (Federal Emergency Management Agency - FEMA) G.1 Incorporation into Agreement. Notwithstanding any terms or conditions in the Agreement (which includes Exhibits A -F attached hereto) to the contrary, and subject to contractual construction consistent with Sections G.2 and G.3 herein, the following terms and conditions in this Exhibit G shall apply and be of full force and effect to Contracting Party (periodically also referred to in this Exhibit G as the "Vendor," "vendor," "Contractor" or "contractor"). G.2 General FEMA Requirements. FEMA financial assistance will be used to fund all or a portion of the Agreement (periodically also referred to in this Exhibit G as the "Contract"' or "contract"). The Contracting Party shall comply with all federal requirements including, but not limited to, the following: 1. 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. 2. Federal Contract Provisions attached herein as this Exhibit G and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. During the performance of the Agreement, Contracting Party shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the terms "Agency" or "administering agency" shall mean the City as the local agency entering into the Agreement with the Contracting Party. Exhibit G Page 1 of 18 146 A. LEGAL, CONTRACTUAL, AND ADMINISTRATIVE REMEDIES FOR BREACH OF CONTRACT Enforcement of the Agreement shall be in accordance with SECTION 8 of the Agreement, and City and Contracting Party shall be governed by those terms and conditions for notices of default, breach, and rights and remedies therein provided. In addition to the terms and conditions in SECTION 8 of the Agreement, the legal, contractual, and administrative remedies for breach of contract in this Section G.2(A) of this Exhibit G may be applicable, as set forth below. (i) Contract Interpretation by the Contract Officer. Questions regarding the meaning and intent of the Agreement shall be referred in writing by the Contracting Party to the Contract Officer for the City. The Contract Officer shall respond to the Contracting Party in writing with a decision. If the Agreement does not specify a Contract Officer, or if the specified Contract Officer should not be involved in resolving contractual disputes based on the reasonable discretion of the City Manager, then the City Manager or City Manager's authorized designee shall be the "Contract Officer" for purposes of this Exhibit G. (ii) Claims. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contracting Party. (iii) Notice. If the Contractor disagrees with the Contract Officer's decision in Section G.2(A)(i) above, or in any case where the Contracting Party deems additional compensation or a time extension to the Agreement period is due for work or materials not covered in the Agreement or which the Contract Officer has not recognized as extra work, the Contracting Party shall notify the Contract Officer, in writing, of his intention to make a claim. Claims pertaining to decisions provided in Section G.2(A)(i) above shall be filed in writing to the Contract Officer within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Contract Officer prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim." Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contracting Party shall not recover costs incurred as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contracting Party should understand that timely notice of potential claim is of great importance to the Exhibit G Page 2of18 147 City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contracting Party's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contracting Party, and the fact that the Contract Office has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. (iv) Submission of claim costs. Within 30 days after the last cost of work for which the Contracting Party contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contracting Party shall submit to the Contract Officer the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Contract Officer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided for in the Agreement. (v) Affidavit required. All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contracting Party's letterhead: 1%I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences." (vi) Claim meetings. From time to time the Contract Officer may call special meetings to discuss outstanding claims. The Contracting Party shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Contract Officer. (vii) Resolution of Claims. For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy five thousand Exhibit G Page 3of18 148 dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in Sections G.2(A)(viii)-(xii) below. For claims greater than three hundred and seventy five thousand dollars ($375,000) Sections G.2(A)(viii)-(xi) are applicable; however, Section G.2(A)(xii) [Civil Actions for claims less than $375,000] is not applicable. (viii)Claims Less Than $50,000. (a) For claims of less than fifty thousand dollars ($50,000), the Contract Officer shall respond in writing to written claims within 45 days of receipt of the claim in Section G.2(A)(ii), or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contracting Pa rty. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contracting Party. (c) The Contract Officer's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. (ix) Claims Greater Than $50,000. (a) For claims of over fifty thousand dollars ($50,000), the Contract Officer shall respond in writing to all written claims within 60 days of receipt of the claim in Section G.2(A)(ii), or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contracting Party. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contracting Party. (c) The Contract Officer's written response to the claim, as further documented, shall be submitted to the Contracting Party within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contracting Exhibit G Page 4 of 18 149 Party in producing the additional information or requested documentation, whichever is greater. (x) Claim Conference. If the Contracting Party disputes the Contract Officer's written response, or if the Contract Officer fails to respond within the time prescribed, the Contracting Party may so notify the City, in writing, either within 15 days of receipt of the Contract Officer's response or within 15 days of the Contract Officer's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. (xi) Claim Filing. If the claim or any portion remains in dispute after the claim conference noted in Section G.2(A)(x) [Claim Conference], the Contracting Party may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contracting Party submits his or her written claim pursuant to Section G.2(A)(ii) [Claims] until the time the claim is denied, including any period of time utilized in the meet and confer process. (xii) Civil Actions for Claims Less Than $375,000. The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy five thousand dollars ($375,000): (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. Exhibit G Page 5of18 150 (c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in federal and state law relevant to the scope of services and obligations under this Agreement, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. (xiii)Unresolved Issues. Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contracting Party that are not resolved between the City and the Contracting Party shall be decided by a court of competent jurisdiction. Should either party to this Agreement bring legal action against the other, the case shall be handled in Riverside County, California, in a court of competent jurisdiction in that county. (xiv)Records of Disputed Work. In proceeding with a disputed portion of the Scope of Work, the Contracting Party shall keep accurate records of its costs and shall make available, to the Contract Officer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Contract Officer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. B. TERMINATION FOR CAUSE AND CONVENIENCE Enforcement of the contract shall be in accordance with SECTION 8 of the Agreement, and City and Contracting Party shall be governed by those terms and conditions for termination for cause (Section 8.8) and termination for convenience (Section 8.7). In addition to the terms and conditions in SECTION 8 of the Agreement, the termination for cause and convenience in this Section G.2(B) of this Exhibit G may be applicable, as set forth below. (i) General Guidance for FEMA Contracts. If the Agreement is in excess of $10,000 and the Agreement does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the Agreement is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the Agreement is executed and does not provide for administrative, contractual, or legal remedies in instances where Contracting Party violates or breaches the terms of the Agreement, then the following termination clauses shall apply and have precedence over the Agreement. Otherwise, the following Exhibit G Page 6 of 18 151 termination clauses in this Section G.2(B)(ii)-(v) shall not be applicable to the Agreement. (ii) Termination for Convenience. The City may, by written notice to Contracting Party, terminate this Agreement for convenience, in whole or in part, at any time by giving written notice to Contracting Party of such termination, and specifying the effective date thereof ('Notice of Termination for Convenience"). If the termination is for the convenience of the City, the City shall compensate Contracting Party for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Contracting Party shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Contracting Party prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination. (iii) Termination for Cause. If Contracting Party fails to perform pursuant to the terms of this Agreement, the City shall provide written notice to Contracting Party specifying the default ("Notice of Default"). If Contracting Party does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this Agreement for cause. If Contracting Party fails to cure a default as set forth above, the City may, by written notice to Contracting Party, terminate this Agreement for cause, in whole or in part, and specifying the effective date thereof ("Notice of Termination for Cause"). If the termination is for cause, Contracting Party shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Contracting Party's deficiencies and charge the cost thereof to Contracting Party, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees. (iv) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Contracting Party's performance of the work. (v) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contracting Party shall promptly discontinue the work unless the Notice directs to the contrary. Contracting Party shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including Exhibit G Page 7 of 18 152 drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section G.2(B) are in addition to any other rights and remedies provided by law or under this Agreement. Contracting Party acknowledges the City's right to terminate this Agreement with or without cause as provided in this Section G.2(B), and hereby waives any and all claims for damages that might arise from the City's termination of this Agreement. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contracting Party shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates the Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contracting Party shall be entitled to receive only the amounts payable under this Section G.2(B), and Contracting Party specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section G.2(B) shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under the Agreement including, but not limited to, the right to specific performance. C. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified Exhibit G Page 8 of 18 153 applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (iii) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (iv) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this Section G.2(C), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records, and accounts by the City ("administering agency") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Exhibit G Page 9 of 18 154 (viii)The contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; Provided, That if the contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part a grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings. Exhibit G Page 10 of 18 155 D. DAVIS-BACON ACT During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (ii) Contractors are (and the contractor is) required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (iii) Additionally, contractors are (and the contractor is) required to pay wages not less than once a week. E. COPELAND ANTI -KICKBACK ACT During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees to comply with the Copeland Anti -Kickback Act, as follows: (i) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3, as may be applicable, which are incorporated by reference into this contract. (ii) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT During the performance of the Agreement ("contract"), the Contracting Party ('contractor") agrees to comply with the Contract Work Hours and Safety Standards Act, as follows: Exhibit G Page 11 of 18 156 (i) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Section G.2(F)(i) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section G.2(F)(i) above, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section G.2(F)(i) above. (iii) Withholding for unpaid wages and liquidated damages. The City, shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section G.2(F)(i) above. (iv) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in Sections G.2(F)(i)-(iv) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Sections G.2(F)(i)-(iv). Exhibit G Page 12 of 18 157 G. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) Clean Air Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (ii) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. H. DEBARMENT AND SUSPENSION During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its Exhibit G Page 13 of 18 158 affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Any bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while any offer is valid and throughout the period of any contract that may arise from an offer subject to the requirements of this Exhibit G. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. BYRD ANTI -LOBBYING AMENDMENT During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. (ii) Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification (s) to the awarding agency. (iii) If applicable, contractors must sign and submit to the City (the non- federal entity) the following certification: APPENDIX A, 44 C.F.R. PART 18 -CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements. Exhibit G Page 14 of 18 159 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Exhibit G Page 15 of 18 160 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date J. PROCUREMENT OF RECOVERED MATERIALS During the performance of the Agreement ("contract"), the Contracting Party ("contractor") agrees as follows: (i) In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (ii) Information about this requirement, along with the list of EPA - designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpq-program. (iii) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the "Solid Waste Disposal Act." K. ACCESS TO RECORDS The following access to records requirements apply to the Agreement ("contract"): (i) The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. Exhibit G Page 16 of 18 161 (ii) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (iii) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (iv) In compliance with the Disaster Recovery Act of 2018, the City and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. L. DHS SEAL, LOGO, AND FLAGS The contractor shall not use the U.S. Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. N. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. G.3 Irreconcilable Terms and Conditions - Exhibit G Governs; All Other Terms and Conditions Applicable and Enforceable to the Maximum Extent. If any term or condition in the Agreement (which includes Exhibits A -F attached) is directly and irreconcilably inconsistent with a term or condition set forth in this Exhibit G, where a term or condition cannot be concurrently applied to the Scope of Services in furtherance of the Contracting Party's performance Exhibit G Page 17 of 18 162 of this Agreement, then the term or condition in this Exhibit G shall apply. Except as provided in the preceding sentence, all terms and conditions in the Agreement shall continue to be in full force and effect, and applied along with the terms and conditions in this Exhibit G, to the maximum extent possible so as to give force and effect to each and every term and condition in the Agreement including this Exhibit G. Exhibit G Page 18 of 18 163 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 164 1. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so 165 participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 2. Compliance with Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 3. Clean Air Act The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 166 The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4. Federal Water Pollution Control Act The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Enviromnental Protection Agency Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 5. Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6. Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired - 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 167 7. Access to Records The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 8. DHS Seal, Logo, and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 9. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 10. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 11. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 168 CONSENT CALENDAR ITEM NO. 10 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED NOVEMBER 3 AND NOVEMBER 10, 2023 RECOMMENDATION Approve demand registers dated November 3, and November 10, 2023. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City $ 7, 821, 600.44 Successor Agency of RDA $ - Housing Authority $ 21,541.17 $ 7,843,141.61 BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for November 3, and November 10, 2023. Warrants Issued: 212303-212361 212362-212404 Wire Transfers Payroll Tax Transfers Payroll Direct Deposit Payroll Check #37679 Voids $ 2,107, 817.56 $ 435,191.86 $ 5,072,825.44 $ 52,639.84 $ 243,174.56 $ 92.35 $ (68,600.00) $ 7,843,141.61 One check was voided and reissued due to mail theft. 169 Vendor Account Name Amount Purpose Granite Construction Construction $886,904.32 Fred Waring, Ave 50, & Ave 52 Company() Pavement Rehab Progress Payments Ortiz Enterprises, Inc. Construction $658,744.25 Dune Palms Bridge Progress Payment Shade Structures, Inc. Parks $266,388.53 Install Shade Structures at X - Park & Fritz Burns Park & Replacement Shade Fabric at Pioneer Park Interwest Consulting Plan Checks $126,610.77 Oncall Building & Safety Plan Group, Inc. Review & Inspection Services Desert Concepts Maintenance/Service $104,600.00 Park Repairs Construction, Inc. (1) Payments were made 11/3/23 & 11/10/23 Wire Transfers: Twenty-three transfers totaled $5,072,825. Of this amount, 3.58 million was to Stewart Title of California and 1 million was to Bank of New York Mellon for investment purchases. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer's Report. 170 Settle Coupon Transaction Issuer Type Par Value Date Rate YTM Purchase Leaders Credit Union CD $ 248,000 10/30/2023 5.100% 5.100% Purchase Workers FCU CD $ 248,000 10/30/2023 5.200% 5.200% Maturity Federal Farm Credit Banks Agency $ 1,000,000 11/1/2023 1.600% 1.680% Maturity United States Treasury T -Bill $ 1,000,000 11/2/2023 0.000% 4.934% Purchase United States Treasury Treasury Note $ 750,000 11/6/2023 4.125% 4.520% Purchase United States Treasury T -Bill $ 1,000,000 11/6/2023 0.000% 5.450% Purchase Valleystar Credit Union CD $ 247,000 11/8/2023 5.200% 5.200% Purchase United Teletech Financial FCU CD $ 248,000 11/8/2027 5.100% 5.100% Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2. Wire Transfers 170 ATTACHMENT 1 Demand Register City of La Quinta Packet: APPKT03636 - 11/03/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 -GENERAL FUND FRANCHISE TAX BOARD 212323 GARNISHMENT Garnishments Payable 101-0000-20985 232.51 UNITED WAY OF THE DESERT 212356 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 CHARTER COMMUNICATIONS- 212314 10/16-11/15/23 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.76 CHARTER COMMUNICATIONS- 212314 10/16-11/15/23 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 94.55 GALLS LLC 212326 UNIFORMS FOR &DUCHENE Uniforms 101-6004-60690 696.94 VINTAGE E & S INC 212359 10/20/23 - CH ON-CALL ELECTRICAL SER... Maintenance/Services 101-3008-60691 822.38 VINTAGE E & S INC 212359 10/20/23 - LQ COVE TRAIL ONCALL ELEC... Maintenance/Services 101-3005-60691 4,333.95 SOUTHWEST AQUATICS INC 212347 SRR EVENT PARK LAKE MAINT. CLEAN I... SilverRock Lake Maintenance 101-3005-60189 1,360.00 MARTINEZ, TAN IA 212337 10/01-10/04/23 - CALIPERS FORUM REI... Travel & Training 101-1004-60320 798.96 HANSEN, DIANNE 212330 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 153.75 QUADIENT FINANCE USA, INC. 212343 CITYWIDE POSTAGE MACHINE REFILL Postage 101-1007-60470 3,500.00 GHERA, EDWARD R 212327 ICC CERT EXAM REIMB E.GHERA Travel & Training 101-6003-60320 265.00 FOSTER, ROCIO 212322 10/25/23 POLICE LOSS PREVENTION ME... LQ Police Volunteers 101-2001-60109 370.13 FROSTY'S AIR CONDITIONING... 212325 WC HVAC REPAIRS HVAC 101-3008-60667 4,365.00 SPARKLETTS 212348 10/04/23 & 10/18/23 CITYWIDE DRINKI... Citywide Supplies 101-1007-60403 214.33 DESERT CONCRETE BORDERS... 212320 4X6 CONCRETE CURB W/LABOR SRR PA... Maintenance/Services 101-3005-60691 1,800.00 IRC CORPORATION 212335 09/2023 - PRE EMPLOYMENT BACKGRO... Recruiting/Pre-Employment 101-1004-60129 151.75 TKE ENGINEERING, INC. 212352 7/1-8/31/23 ON-CALL TRAFFIC ENGINEE... Contract Traffic Engineer 101-7006-60144 6,015.00 DESERT CONCEPTS CONSTR... 212319 SRR EVENT PARK STORM DAMAGE REPA... Maintenance/Services 101-3005-60691 19,600.00 VINTAGE ASSOCIATES 212358 10/13/23 & 10/20/23 PLANTED TIPUAN... Materials/Supplies 101-3005-60431 634.00 VINTAGE ASSOCIATES 212358 9/29/23 - PLANTED TIPUANA TREE IN Cl... Materials/Supplies 101-3005-60431 634.00 VINTAGE ASSOCIATES 212358 PLANTS Materials/Supplies 101-3005-60431 3,240.00 XPRESS GRAPHICS 212361 10/09/23 - BUSINESS CARDS FOR POLICE.. LQ Police Volunteers 101-2001-60109 106.12 XPRESS GRAPHICS 212361 10/09/23 - BUSINESS CARDS FOR POLICE.. Printing 101-6004-60410 35.37 SMITH PIPE & SUPPLY CO 212346 HAND PUMP WITH HOSE Materials/Supplies 101-3005-60431 57.60 BURNS, ALICE QUIROZ 212313 12/1/23 - DEPOSIT FOR 250 CUPCAKES Community Experiences 101-3003-60149 358.75 USA DRAIN AND PLUMBING... 212357 FB POOL SHOWER REPAIR Maintenance/Services 101-3008-60691 485.00 USA DRAIN AND PLUMBING... 212357 CH TOILET REPAIR Maintenance/Services 101-3008-60691 275.00 RASA/ERIC NELSON 212344 FPM 2023-1000 ONCALL MAP CHECKING.. Map/Plan Checking 101-7002-60183 2,110.00 RASA/ERIC NELSON 212344 FPM 2023-0001 ONCALL MAP CHECKING.. Map/Plan Checking 101-7002-60183 490.00 RASA/ERIC NELSON 212344 PMER 2023-1000 ONCALL MAP CHECKI... Map/Plan Checking 101-7002-60183 345.00 RASA/ERIC NELSON 212344 PMER 2023-1000 ONCALL MAP CHECKI... Map/Plan Checking 101-7002-60183 650.00 DEPARTMENT OF JUSTICE 212318 09/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 140.00 DEPARTMENT OF JUSTICE 212318 06/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 35.00 MERCHANTS BUILDING MAI... 212338 9/1/23 - WC COVID CLEANING Janitorial 101-3008-60115 1,299.20 MERCHANTS BUILDING MAI... 212338 09/30/23 - SRR EVENT PARK RESTROOM... Janitorial 101-3008-60115 47.76 STERICYCLE, INC 212349 10/13/23 - POLICE SHRED LQ Police Volunteers 101-2001-60109 19.25 INTERWEST CONSULTING G... 212334 07/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 22,452.99 INTERWEST CONSULTING G... 212334 08/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 25,773.36 INTERWEST CONSULTING G... 212334 09/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 26,099.42 AIR EXCHANGE, INC 212305 FS #32 HOSE REPLACEMENT Maintenance/Services 101-2002-60691 2,125.74 THE LOCK SHOP, INC 212350 LQ PARK POOL EQUIP KEY SERVICE Materials/Supplies 101-3008-60431 216.58 INTERWEST CONSULTING G... 212334 08/2023 - ONCALL BUILDING & SAFTEY ... Plan Checks 101-6003-60118 13,586.25 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 101-2002-61101 3,652.40 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Civic Center Park - U.. 101-3005-61103 4,332.69 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 1,418.52 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 5,387.03 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Community Park - U... 101-3005-61109 8,118.02 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Velasco Park - Utiliti... 101-3005-61111 14.12 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Eisenhower Park - U... 101-3005-61113 18.79 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 13.24 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 101-3008-61101 19,661.74 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water - Civic Center Park - Uti- 101-3005-61202 1,179.18 11/13/2023 7:41:53 PM Page 1 of 7 171 Demand Register Packet: APPKT03636 -11/03/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water -Community Park - Util.. 101-3005-61209 5,334.51 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE PM 10 - Dust Control 101-7006-60146 125.00 GOVOS, INC. 212328 11/2023 - STVR PERMITTING SOFTWARE Professional Services 101-1005-60103 3,820.00 INTERWEST CONSULTING G... 212334 07/2023 - ONCALL BUILDING & SAFTEY ... Plan Checks 101-6003-60118 17,425.00 ACTION PARK ALLIANCE, INC. 212304 10/01-12/31/23 - X PARK OPERATION 5... X Park Programming 101-3003-60190 101,019.50 DISH NETWORK 212321 10/22-11/21/23 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 105.71 OCEAN SPRINGS TECH INC 212340 10/11/23 - FB POOL BACKWASH VALVE ... Fritz Burns Pool Maintenance 101-3005-60184 1,547.25 OCEAN SPRINGS TECH INC 212340 10/24/23 - FB POOL PUMP HOSE REPLA... Fritz Burns Pool Maintenance 101-3005-60184 127.31 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - SilverRock Event Sit... 101-3005-61115 2,463.19 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water - Utilities 101-2002-61200 246.15 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water -Eisenhower Park - Util.. 101-3005-61203 62.25 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 165.27 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water -Fritz Burns Park- Utili... 101-3005-61204 1,582.41 COACHELLA VALLEY WATER D.. 212317 WATER SERVICE Water - Utilities 101-3008-61200 1,285.10 BUREAU VERITAS NORTH A... 212312 ON-CALL BUILDING PLAN REVIEW & INS... Plan Checks 101-6003-60118 1,673.36 LOWE'S HOME IMPROVEME... 212336 09/07/23 - WOOD FILLER & SPRAY FOA... Materials/Supplies 101-3005-60431 119.04 LOWE'S HOME IMPROVEME... 212336 09/19/23 - FENCE MOUNTING BRACKETS.. Materials/Supplies 101-3005-60431 1,124.39 LOWE'S HOME IMPROVEME... 212336 09/13/23 - SILICONE CAULK Materials/Supplies 101-3005-60431 11.34 LOWE'S HOME IMPROVEME... 212336 09/12/23 - STEEL REBAR Materials/Supplies 101-3005-60431 27.62 LOWE'S HOME IMPROVEME... 212336 09/11/23 - PLANTS Materials/Supplies 101-3005-60431 110.93 LOWE'S HOME IMPROVEME... 212336 09/08/23 - GLOVES & SUPPLIES Materials/Supplies 101-3005-60431 107.98 LOWE'S HOME IMPROVEME... 212336 09/08/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 12.77 LOWE'S HOME IMPROVEME... 212336 09/21/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 226.87 LOWE'S HOME IMPROVEME... 212336 09/20/23 - MASON LINE STRING & NAILS Materials/Supplies 101-3005-60431 45.36 LOWE'S HOME IMPROVEME... 212336 08/26/23 - FRAMING NAILS Materials/Supplies 101-3005-60431 43.61 LOWE'S HOME IMPROVEME... 212336 08/25/23 - WOOD SCREWS & BOLTS Materials/Supplies 101-3005-60431 76.80 LOWE'S HOME IMPROVEME... 212336 08/25/23 - PLANTS Materials/Supplies 101-3005-60431 63.47 LOWE'S HOME IMPROVEME... 212336 09/20/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 226.80 LOWE'S HOME IMPROVEME... 212336 09/22/23 - FENCE PANELS & CONCRETE... Materials/Supplies 101-3005-60431 3,320.03 LOWE'S HOME IMPROVEME... 212336 09/11/23 - CONCRETE ANCHORS Materials/Supplies 101-3008-60431 68.14 LOWE'S HOME IMPROVEME... 212336 09/19/23 - FLUORESCENT LIGHT BULBS Materials/Supplies 101-3008-60431 114.75 LOWE'S HOME IMPROVEME... 212336 08/29/23 - SINK DRAIN & SLIP JOINT NUT Materials/Supplies 101-3008-60431 47.98 LOWE'S HOME IMPROVEME... 212336 08/30/23 - BRICK TROWEL & READY -MIX.. Materials/Supplies 101-3008-60431 115.07 LOWE'S HOME IMPROVEME... 212336 09/14/23 - FINISH NAILS Materials/Supplies 101-3008-60431 55.75 LOWE'S HOME IMPROVEME... 212336 09/13/23 - VINYL TILE FLOORING & CUT... Materials/Supplies 101-3008-60431 129.37 LOWE'S HOME IMPROVEME... 212336 09/12/23 - POWER STRIPS Materials/Supplies 101-3008-60431 353.68 LOWE'S HOME IMPROVEME... 212336 09/21/23 - CEILING TILE & LIGHT BULBS Materials/Supplies 101-3008-60431 126.86 LOWE'S HOME IMPROVEME... 212336 09/12/23 - WOOD FINISH PAINT Materials/Supplies 101-3008-60431 42.74 INTERWEST CONSULTING G... 212334 10/2023 - ONCALL BUILDING & SAFTEY ... Plan Checks 101-6003-60118 21,273.75 LOWE'S HOME IMPROVEME... 212336 09/20/23 - CONCRETE MIX & BUCKETS Operating Supplies 101-7003-60420 49.64 LOWE'S HOME IMPROVEME... 212336 08/28/23 - SUPPLIES Operating Supplies 101-7003-60420 154.77 HDL COREN & CONE 212331 10/01-12/31/23 - PROPERTY TAX CONT... Consultants 101-1006-60104 5,175.00 CLEARSOURCE FINANCIAL C... 212316 MASTER FEE SCHEDULE ANNUAL UPDATE Professional Services 101-1005-60103 4,800.00 Fund 101- GENERAL FUND Total: 364,871.65 Fund: 201 - GAS TAX FUND TOPS' N BARRICADES INC 212353 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 76.45 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity -Utilities 201-7003-61101 901.28 Fund 201- GAS TAX FUND Total: 977.73 Fund: 202 - LIBRARY & MUSEUM FUND AL & LUIS CHRISTMAS LIGHT... 212306 MUSEUM CHRISTMAS LIGHTING SERVIC... Museum Operations 202-3006-60105 1,957.23 AL & LUIS CHRISTMAS LIGHT... 212306 LUMBERYARD CHRISTMAS LIGHTING SE... Museum Operations 202-3006-60105 676.97 CINTAS FIRST AID & SAFETY 212315 LIBRARY FIRST AID SERVICES Operating Supplies 202-3004-60420 32.03 CINTAS FIRST AID & SAFETY 212315 MUSEUM FIRST AID SERVICES Operating Supplies 202-3006-60420 34.55 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 202-3004-61101 4,770.73 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 202-3006-61101 1,445.59 LOWE'S HOME IMPROVEME... 212336 08/29/23 - PAINT PRIMER Maintenance/Services 202-3004-60691 64.93 LOWE'S HOME IMPROVEME... 212336 09/19/23 - WATER HOSE & NOZZLE Maintenance/Services 202-3006-60691 81.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 9,063.03 11/13/2023 7:41:53 PM Page 2 of 7 172 Demand Register Vendor Name Payment Number Description (Item) Fund: 215 - LIGHTING & LANDSCAPING FUND TRI-STATE MATERIALS INC 212355 DESERT CONCEPTS CONSTR... 212319 DESERT CONCEPTS CONSTR... 212319 THE SHERWIN-WILLIAMS CO. 212351 IMPERIAL IRRIGATION DIST 212333 IMPERIAL IRRIGATION DIST 212333 COACHELLA VALLEY WATER D.. 212317 COACHELLA VALLEY WATER D.. 212317 IMPERIAL IRRIGATION DIST 212333 Fund: 235 - 50 COAST AIR QUALITY FUND IMPERIAL IRRIGATION DIST 212333 Fund: 270 - ART IN PUBLIC PLACES FUND BLOWNAWAY BY WILLIAM 212310 BEST SIGNS INC 212309 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS ACE ELECTRIC INC 212303 ACE ELECTRIC INC 212303 ORTIZ ENTERPRISES INC. 212341 ORTIZ ENTERPRISES INC. 212341 AMERICAN BUSINESS BANK 212307 GRANITE CONSTRUCTION C... 212329 GRANITE CONSTRUCTION C... 212329 NV5 212339 NV5 212339 NV5 212339 WALTERS WHOLESALE ELECT... 212360 Fund: 501- FACILITY & FLEET REPLACEMENT HILARIO, BENJAMIN 212332 BMW MOTORCYCLES OF RIV... 212311 BMW MOTORCYCLES OF RIV... 212311 BMW MOTORCYCLES OF RIV... 212311 BMW MOTORCYCLES OF RIV... 212311 TOWER ENERGY GROUP 212354 PACIFIC MOBILE STRUCTURES.. 212342 Packet: APPKT03636 - 11/03/20231B Account Name Account Number Amount LANDSCAPE ANTIQUE BROWN RUBBLE Materials/Supplies 215-7004-60431 1,567.63 ADAMS PARK STORM DAMAGE REPAIRS Maintenance/Services 215-7004-60691 49,000.00 SRR RETENTION BASIN DAMAGE REPAIRS Maintenance/Services 215-7004-60691 36,000.00 PAINT FOR GRAFFITI REMOVAL Supplies -Graffiti and Vandali... 215-7004-60423 374.57 ELECTRIC SERVICE Electric - Utilities 215-7004-61116 5,600.57 ELECTRIC SERVICE Electric - Medians - Utilities 215-7004-61117 2,507.52 WATER SERVICE Water - Medians - Utilities 215-7004-61211 9,356.71 WATER SERVICE Water - Medians - Utilities 215-7004-61211 5,410.76 ELECTRIC SERVICE Electric - Utilities 215-7004-61116 648.92 VEHICLE WASHES Fund 215 - LIGHTING & LANDSCAPING FUND Total: 110,466.68 ELECTRIC SERVICE Electricity - Utilities 235-0000-61101 2,143.38 501-0000-60679 Fund 235 - SO COAST AIR QUALITY FUND Total: 2,143.38 MAINTENANCE OF MEMORIAL PEDESTA... APP Maintenance 270-0000-60683 2,100.00 LQ COVE SIGN & INSTALLATION Art Purchases 270-0000-74800 1,499.76 Building Leases Fund 270 - ART IN PUBLIC PLACES FUND Total: 3,599.76 10/2023 SPORTS COMPLEX LIGHTING R... Retention Payable 401-0000-20600 10/2023 SPORTS COMPLEX LIGHTING R... Construction 401-0000-60188 10/2023 - DUNE PALMS BRIDGE PROGR... Retention Payable 401-0000-20600 10/2023 - DUNE PALMS BRIDGE PROGR... Construction 401-0000-60188 10/2023 DUNE PALMS BRIDGE RETENTI... Retention Payable 401-0000-20600 10/2023 AVE 50 & AVE 52 PAVEMENT R... Retention Payable 401-0000-20600 10/2023 AVE 50 & AVE 52 PAVEMENT R... Construction 401-0000-60188 8/27-9/30/23 ON-CALL SURVEY SERVICES Technical 401-0000-60108 8/27-9/30/23 - ON-CALL SURVEY SERVIC... Technical 401-0000-60108 8/27-9/30/23 - ON-CALL SURVEY SERVIC... Technical 401-0000-60108 PARTS FOR STREET LIGHTS Construction 401-0000-60188 502-0000-61400 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 MOTORCYCLE REPAIRS FOR A1154 Motorcycle Repair & Mainte... 501-0000-60679 MOTORCYCLE REPAIRS FOR A1047 Motorcycle Repair & Mainte... 501-0000-60679 MOTORCYCLE REPAIRS FOR A1245 Motorcycle Repair & Mainte... 501-0000-60679 MOTORCYCLE REPAIRS FOR A1155 Motorcycle Repair & Mainte... 501-0000-60679 09/01-09/15/23 - FUEL Fuel & Oil 501-0000-60674 11/2023 - PW TRAILER RENTAL Building Leases 501-0000-71032 503-0000-71060 Fund 501- FACILITY & FLEET REPLACEMENT Total -610.25 12,205.00 -34,670.75 693,415.00 34,670.75 -31,805.83 636,116.50 187.50 5,337.50 185.00 71:1 SO 1,315,Z64.Z4 600.00 1,853.38 192.51 301.43 387.17 5,229.89 3,088.51 11,652.89 Fund: 502 - INFORMATION TECHNOLOGY CHARTER COMMUNICATIONS- 212314 09/15-10/14/23 - WC CABLE (8105) Cable/Internet - Utilities 502-0000-61400 154.66 CHARTER COMMUNICATIONS- 212314 10/20-11/19/23 - WC CABLE (1909) Cable/Internet - Utilities 502-0000-61400 11.59 CHARTER COMMUNICATIONS- 212314 10/10-11/09/23 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 CHARTER COMMUNICATIONS- 212314 10/12-11/11/23 - CITY YARD CABLE (408... Cable/Internet - Utilities 502-0000-61400 81.77 FRONTIER COMMUNICATIO... 212324 10/12-11/11/23 - X -PARK INTERNET Cable/Internet - Utilities 502-0000-61400 904.11 Fund 502 - INFORMATION TECHNOLOGY Total: 3,231.13 Fund: 503 - PARK EQUIP & FACILITY FUND SHADE STRUCTURES, INC 212345 PIONEER PARK SHADE FABRIC REPLACE... Parks 503-0000-71060 10,391.18 ANOVA FURNISHINGS, INC 212308 SHIPPING AND HANDLING Parks 503-0000-71060 1,865.17 ANOVA FURNISHINGS, INC 212308 SRR EVENT PARK BENCHES Parks 503-0000-71060 16,030.00 ANOVA FURNISHINGS, INC 212308 SRR EVENT PARK BENCHES TAXES Parks 503-0000-71060 1,565.83 SHADE STRUCTURES, INC 212345 XPARK SHADE STRUCTURES Parks 503-0000-71060 154,216.00 SHADE STRUCTURES, INC 212345 FB PICKLE/TENNIS COURT SHADE STRUC... Parks 503-0000-71060 101,781.35 Fund 503 - PARK EQUIP & FACILITY FUND Total: 285,849.53 Fund: 504 - INSURANCE FUND CINTAS FIRST AID & SAFETY 212315 PW YARD FIRST AIDE SERVICES Operating Supplies 504-1010-60420 34.55 CINTAS FIRST AID & SAFETY 212315 LANDSCAPE MAINT FIRST AID SERVICES Operating Supplies 504-1010-60420 55.19 11/13/2023 7:41:53 PM Page 3 of 7 173 Demand Register Packet: APPKT03636 - 11/03/20231B Vendor Name Payment Number Description (Item) Account Name Account Number Amount CINTAS FIRST AID & SAFETY 212315 FB POOL FIRST AID SERVICES Operating Supplies 504-1010-60420 48.57 CINTAS FIRST AID & SAFETY 212315 WC FIRST AID SERVICES Operating Supplies 504-1010-60420 34.55 CINTAS FIRST AID & SAFETY 212315 CH FIRST AID SERVICES Operating Supplies 504-1010-60420 187.02 Fund 504 - INSURANCE FUND Total: 359.88 Fund: 601- SILVERROCK RESORT VINTAGE E & 5 INC 212359 SRR ON-CALL ELECTRICAL SERVICE Repair & Maintenance 601-0000-60660 337.66 Fund 601- SILVERROCK RESORT Total: 337.66 Grand Total: 2,107,817.56 11/13/2023 7:41:53 PM 174 Page 4 of 7 Demand Register Fund Summary Fund 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 235 - SO COAST AIR QUALITY FUND 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FUND 504 - INSURANCE FUND 601- SILVERROCK RESORT Account Number 101-0000-20981 101-0000-20985 101-1004-50252 101-1004-60129 101-1004-60320 101-1005-60103 101-1006-60104 101-1007-60403 101-1007-60470 101-2001-60109 101-2001-60174 101-2002-60691 101-2002-61101 101-2002-61200 101-2002-61400 101-3003-60149 101-3003-60190 101-3005-60184 101-3005-60189 101-3005-60431 101-3005-60691 101-3005-61103 101-3005-61105 101-3005-61106 101-3005-61109 101-3005-61111 101-3005-61113 101-3005-61114 101-3005-61115 101-3005-61202 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61209 101-3008-60115 101-3008-60431 101-3008-60667 101-3008-60691 101-3008-61101 101-3008-61200 101-6003-60118 101-6003-60320 101-6004-60410 Grand Total: Account Summary Account Name United Way Deductions Garnishments Payable Annual Wellness Dollar ... Recruiting/Pre-Employm... Travel & Training Professional Services Consultants Citywide Supplies Postage LQ Police Volunteers Blood/Alcohol Testing Maintenance/Services Electricity - Utilities Water - Utilities Cable/Internet - Utilities Community Experiences X Park Programming Fritz Burns Pool Mainten... SilverRock Lake Mainten... Materials/Supplies Maintenance/Services Electric - Civic Center Pa... Electric - Fritz Burns Park... Electric - Sports Complex... Electric - Community Par... Electric - Velasco Park - ... Electric - Eisenhower Par... Electric - Desert Pride - U.. Electric - SilverRock Even... Water - Civic Center Park.. Water -Eisenhower Park ... Water -Fritz Burns Park-... Water -Velasco Park - Uti.. Water -Community Park ... Janitorial Materials/Supplies HVAC Maintenance/Services Electricity - Utilities Water - Utilities Plan Checks Travel & Training Printing Expense Amount 364,871.65 977.73 9,063.03 110,466.68 2,143.38 3,599.76 1,315,264.24 11,652.89 3,231.13 285,849.53 359.88 337.66 2,107,817.56 Expense Amount 37.00 232.51 153.75 151.75 798.96 8,620.00 5,175.00 214.33 3,500.00 495.50 175.00 2,125.74 3,652.40 246.15 242.02 358.75 101,019.50 1,674.56 1,360.00 10,082.61 25,733.95 4,332.69 1,418.52 5,387.03 8,118.02 14.12 18.79 13.24 2,463.19 1,179.18 62.25 1,582.41 165.27 5,334.51 1,346.96 1,270.92 4,365.00 1,582.38 19,661.74 1,285.10 128,284.13 265.00 35.37 Packet: APPKT03636 - 11/03/2023 JB 11/13/2023 7:41:53 PM 175 Page 5 of 7 Demand Register Packet: APPKT03636 - 11/03/2023 JB Account Summary 11/13/2023 7:41:53 PM 176 Page 6 of 7 Account Number Account Name Expense Amount 101-6004-60690 Uniforms 696.94 101-7002-60183 Map/Plan Checking 3,595.00 101-7003-60420 Operating Supplies 204.41 101-7006-60144 Contract Traffic Engineer 6,015.00 101-7006-60146 PM 10 - Dust Control 125.00 201-7003-60429 Traffic Control Signs 76.45 201-7003-61101 Electricity - Utilities 901.28 202-3004-60420 Operating Supplies 32.03 202-3004-60691 Maintenance/Services 64.93 202-3004-61101 Electricity - Utilities 4,770.73 202-3006-60105 Museum Operations 2,634.20 202-3006-60420 Operating Supplies 34.55 202-3006-60691 Maintenance/Services 81.00 202-3006-61101 Electricity - Utilities 1,445.59 215-7004-60423 Supplies -Graffiti and Va... 374.57 215-7004-60431 Materials/Supplies 1,567.63 215-7004-60691 Maintenance/Services 85,000.00 215-7004-61116 Electric - Utilities 6,249.49 215-7004-61117 Electric - Medians - Utilit... 2,507.52 215-7004-61211 Water - Medians - Utiliti... 14,767.47 235-0000-61101 Electricity - Utilities 2,143.38 270-0000-60683 APP Maintenance 2,100.00 270-0000-74800 Art Purchases 1,499.76 401-0000-20600 Retention Payable -32,416.08 401-0000-60108 Technical 5,710.00 401-0000-60188 Construction 1,341,970.32 501-0000-60674 Fuel & Oil 5,229.89 501-0000-60676 Vehicle Repair & Maint... 600.00 501-0000-60679 Motorcycle Repair & Ma... 2,734.49 501-0000-71032 Building Leases 3,088.51 502-0000-61400 Cable/Internet - Utilities 3,231.13 503-0000-71060 Parks 285,849.53 504-1010-60420 Operating Supplies 359.88 601-0000-60660 Repair & Maintenance 337.66 Grand Total: 2,107,817.56 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 414,471.45 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5' 693,415.00 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-52 0.00 202108T Technical Expense FY 21/22 PMP Slurry Seal Improv 187.50 202201CT Construction Expense Avenue 50 Pavement Rehab (Wa 636,116.50 202201RP Retention Payable Avenue 50 Pavement Rehab (Wa -31,805.83 202201T Technical Expense Avenue 50 Pavement Rehab (Wa 5,337.50 202203T Technical Expense Fred Waring Drive Pavement Reh 185.00 202204CT Construction Expense Sports Complex Lighting Replacei 12,205.00 202204RP Retention Payable Sports Complex Lighting Replacei -610.25 202216E General PW Maint - Desert Concep.. General PW Maintenance - Desei 36,000.00 202226E Fritz Burns Park Shade Structure Fritz Burns Park Shade Structure 101,781.35 202228E X Park Shade Structure X Park Shade Structure 154,216.00 202320E Cyclone Hilary FEMA Reimbursable.. Tropical Cyclone Hilary 80,558.81 2324TMICG Contingency Expense FY23/24Traffic Maintenance Imf 233.82 CONCERTE Concert Expense Master Account for all SRR ConCE 47.76 CORONANR Corona Non Reimbursable Corona Virus Emergency Respon: 1,299.20 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Traci, 3,820.00 11/13/2023 7:41:53 PM 176 Page 6 of 7 Demand Register Packet: APPKT03636-11/03/202316 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 358.75 Grand Total: 2,107,817.56 "Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 11/13/2023 7:41:53 PM 177 Page 7 of 7 Demand Register City of La Quinta Packet: APPKT03640 - 11/10/2023 JB Vendor Name Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 -GENERAL FUND CENTRAL COMMUNICATIONS 212368 11/2023 - STVR HOTLINE Professional Services 101-6004-60103 623.00 ESPINOZA, DAVID C. 212374 11/11/23 - CHAIRS FOR VETERANS EVENT Community Experiences 101-3003-60149 420.00 PICKERING EVENTS LLC 212389 2024 RIVERSIDE COUNTY FAIR SPONSOR... Sponsorships/Advertising 101-3007-60450 5,000.00 CLAYTON JR., DUANE 212370 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 MCGRATH METAL 212385 11/11/23 - VETERANS DAY PANEL ENGR... Community Experiences 101-3003-60149 815.63 MOYA, DANIEL 212386 REMOVAL OF TREE ADAMS ST & AUTO ... Lot Cleaning/Gravel Program 101-6004-60120 1,000.00 DECKARD TECHNOLOGIES, I... 212371 11/2023 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 CAPITAL ONE 212367 10/11/23 - OPERATING SUPPLIES Operating Supplies 101-3002-60420 31.29 HR GREEN PACIFIC INC 212380 09/2023 - ONCALL PLAN CHECK SVCS E... Map/Plan Checking 101-7002-60183 5,158.50 TPX COMMUNICATIONS 212401 10/23-11/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,795.64 MADDEN MEDIA 212384 10/2023 - MEDIA SERVICES Marketing & Tourism Promot.. 101-3007-60461 56,475.80 FERRELLGAS, LP 212375 FS #70 PROPANE GAS Gas - Utilities 101-2002-61100 472.28 VINTAGE ASSOCIATES 212404 10/9-10/13/23 - TREE & PLANT INSTALL... Maintenance/Services 101-3005-60691 3,200.00 ALL PRO BEVERAGE INC 212362 LOBBY COFFEE, CREAMER, & POWDERS Citywide Supplies 101-1007-60403 487.93 CACEO 212365 2024 CACEO MEMBERSHIP DUES C.WO... Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES M.SAL... Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMEBERSHIP DUES B.RO... Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES G.DUC... Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES K.MER... Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES C.GA... Membership Dues 101-6004-60351 100.00 SMART & FINAL 212396 10/11/23 - OPERATING SUPPLIES Operating Supplies 101-3002-60420 272.77 THE CHAMBER 212400 11/2023 - GEM PUBLICATION Marketing & Tourism Promot.. 101-3007-60461 14,465.75 USA DRAIN AND PLUMBING... 212403 REPLACED FS #70 WATER HEATER GAS ... Maintenance/Services 101-2002-60691 875.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN DIGITAL ADS Community Experiences 101-3003-60149 3,200.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN DIGITAL ADS Community Experiences 101-3003-60149 275.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN RADIO ADS MIX 10... Community Experiences 101-3003-60149 6,515.64 DESERT RESORT MANAGEM... 212372 10/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 PACIFIC WEST AIR CONDITIO... 212388 CH HVAC REPAIRS HVAC 101-3008-60667 3,341.00 SUNLINE TRANSIT AGENCY 212399 10/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 177.50 SUNLINE TRANSIT AGENCY 212399 10/2023-SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -8.25 ALPHA CARD 212363 COLOR DYE FLIMS (4) Operating Supplies 101-3002-60420 456.71 KILEY & ASSOCIATES 212382 10/2023 - FEDERAL LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 OCEAN SPRINGS TECH INC 212387 10/13/23 - LQ PARK SPLASH PAD MAINT... LQ Park Water Feature 101-3005-60554 190.00 OCEAN SPRINGS TECH INC 212387 11/2023 - FB POOL CAT 5000 COMPUTE... Fritz Burns Pool Maintenance 101-3005-60184 240.00 OCEAN SPRINGS TECH INC 212387 11/2023 - FB POOL MONTHLY MAINTEN... Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 RIVERSIDE ASSESSOR 212392 10/2023 - RECORDING FEES Due to County Recorder 101-0000-20325 304.00 ROADPOST USA INC. 212393 10/23-11/22/23 - EOC SATELLITE PHON... Mobile/Cell Phones/Satellites 101-2002-61304 200.85 STATE OF CALIFORNIA DEPA... 212398 CH ELEVATOR INSPECTION Annual Permits/Inspections 101-3008-60196 675.00 EISENHOWER MEDICAL CEN... 212373 09/16/23 -SEXUAL ASSAULT EXAM LA2... Sexual Assault Exam Fees 101-2001-60193 1,200.00 HOME DEPOT CREDIT SERVIC... 212379 08/31/23 - COUPLING FITTINGS FOR FS ... Maintenance/Services 101-2002-60691 6.82 HOME DEPOT CREDIT SERVIC... 212379 09/03/23 - GAS DRYER FOR FS #70 Maintenance/Services 101-2002-60691 1,009.20 HOME DEPOT CREDIT SERVIC... 212379 09/06/23 - LP GAS CONVERSION KIT FOR.. Maintenance/Services 101-2002-60691 24.16 HOME DEPOT CREDIT SERVIC... 212379 09/25/23 - ACETONE Materials/Supplies 101-3005-60431 19.11 HOME DEPOT CREDIT SERVIC... 212379 09/08/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 107.21 HOME DEPOT CREDIT SERVIC... 212379 08/29/23 - RESPIRATOR Materials/Supplies 101-3005-60431 35.53 HOME DEPOT CREDIT SERVIC... 212379 08/31/23 - FLASHLIGHT & POCKET HOLE.. Materials/Supplies 101-3005-60431 142.36 HOME DEPOT CREDIT SERVIC... 212379 09/14/23 - SMALL TOOLS Tools/Equipment 101-3005-60432 439.46 HOME DEPOT CREDIT SERVIC... 212379 08/28/23 - ANCHORING EPDXY & ANCH... Materials/Supplies 101-3008-60431 150.55 HOME DEPOT CREDIT SERVIC... 212379 09/12/23 - LIGHT BULBS Materials/Supplies 101-3008-60431 152.18 HOME DEPOT CREDIT SERVIC... 212379 09/13/23 - STORAGE TOTES Materials/Supplies 101-3008-60431 150.03 HOME DEPOT CREDIT SERVIC... 212379 09/20/23 - BATTERIES Materials/Supplies 101-3008-60431 84.40 HOME DEPOT CREDIT SERVIC... 212379 08/28/23 - MASONRY ANCHORS Materials/Supplies 101-3008-60431 73.84 HOME DEPOT CREDIT SERVIC... 212379 09/18/23 - STORAGE TOTES Materials/Supplies 101-3008-60431 150.03 11/13/2023 7:41:20 PM Page 1 of 4 178 Demand Register Packet: APPKT03640 - 11/10/20231B Vendor Name Payment Number Description (Item) Account Name Account Number Amount HOME DEPOT CREDIT SERVIC... 212379 08/31/23 - LIGHT BULBS & PEST CONTR... Materials/Supplies 101-3008-60431 118.72 HOME DEPOT CREDIT SERVIC... 212379 09/25/23 - GLOVES Materials/Supplies 101-3008-60431 29.98 HOME DEPOT CREDIT SERVIC... 212379 09/27/23 - DRILL BITS Materials/Supplies 101-3008-60431 24.40 HOME DEPOT CREDIT SERVIC... 212379 08/30/23 - BAR DIGGER & RECIPROCATI... Tools/Equipment 101-3008-60432 98.44 HOME DEPOT CREDIT SERVIC... 212379 08/28/23 - DRILL BITS Tools/Equipment 101-3008-60432 31.25 HOME DEPOT CREDIT SERVIC... 212379 09/26/23 - WHEELBARROW & TRASH C... Tools/Equipment 101-3008-60432 297.32 HOME DEPOT CREDIT SERVIC... 212379 09/27/23 - CHAINSAW Tools/Equipment 101-3008-60432 172.91 HOME DEPOT CREDIT SERVIC... 212379 09/27/23 - STEEL PUNCH Tools/Equipment 101-3008-60432 36.91 HOME DEPOT CREDIT SERVIC... 212379 09/06/23 - HAMMER & WRENCH Tools/Equipment 101-3008-60432 62.40 HOME DEPOT CREDIT SERVIC... 212379 09/14/23 -TORX KEY SET & HAND SEA... Tools/Equipment 101-3008-60432 61.92 HOME DEPOT CREDIT SERVIC... 212379 09/06/23 - OSCILLATING MULTI -TOOL B... Tools/Equipment 101-3008-60432 84.76 RAP FOUNDATION/SENIOR I ... 212391 03/28/24- ANNUAL SENIORINSPIRATI... Technical 101-3002-60108 4,000.00 Fund 101- GENERAL FUND Total: 133,575.36 Fund: 201- GAS TAX FUND UNDERGROUND SERVICE AL... 212402 11/1/23 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 46.75 Fund 201- GAS TAX FUND Total: 46.75 Fund: 215 - LIGHTING & LANDSCAPING FUND SPARKLETTS 212397 10/04/23 & 10/18/23 - DRINKING WATER Operating Supplies 215-7004-60420 342.11 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 342.11 Fund: 241- HOUSING AUTHORITY CAHA, BECKY 212366 10/2023 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 6,225.00 Fund 241- HOUSING AUTHORITY Total: 6,225.00 Fund: 247 - ECONOMIC DEVELOPMENT FUND HAMMEL, GREEN, AND ABR... 212377 LQ ART ENTRY MONUMENTS STUDY Marketing & Tourism Promot.., 247-0000-60461 3,950.00 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 3,950.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS GRANITE CONSTRUCTION C... 212376 FRED WARING PAVEMENT REHAB FROG... Retention Payable 401-0000-20600 -14,873.35 GRANITE CONSTRUCTION C... 212376 FRED WARING PAVEMENT REHAB FROG... Construction 401-0000-60188 297,467.00 SAFEGUARD ENVIROGROUP, ... 212395 ASBESTOS & LEAD TESTING Technical 401-0000-60108 1,155.00 PLANT REPROGRAPHICS SYS... 212390 FRED WARING DR PAVEMENT REHAB SP... Construction 401-0000-60188 86.79 PLANT REPROGRAPHICS SYS... 212390 FRED WARING DR PAVEMENT REHAB PL... Construction 401-0000-60188 10.99 PLANT REPROGRAPHICS SYS... 212390 COVE TRAILS PARKING LOT IMPROVEM... Construction 401-0000-60188 28.53 LANDMARK CONSULTANTS, ... 212383 AVE 50/AVE 52 PAVEMENT REHAB SOIL ... Technical 401-0000-60108 297.60 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 284,172.56 Fund: 501- FACILITY & FLEET REPLACEMENT HILARIO, BENJAMIN 212378 VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 425.00 S&D CARWASH MANAGEME... 212394 10/2023 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan... 501-0000-60676 839.58 CHEVROLET CADILLAC 212369 2017 CHEVY SILVERADO VIN HZ176694 Vehicle Repair & Maintenan... 501-0000-60676 1,232.23 HOME DEPOT CREDIT SERVIC... 212379 09/06/23 - BATTERIES FOR FLEET Parts, Accessories, and Upfits 501-0000-60675 34.52 Fund 501- FACILITY & FLEET REPLACEMENT Total: 2,531.33 Fund: 502 - INFORMATION TECHNOLOGY TPX COMMUNICATIONS 212401 10/23-11/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,790.22 INNOVATIVE DOCUMENT SO... 212381 10/01-12/31/22 - COPIER CONTRACT 0... Copiers 502-0000-60662 496.40 Fund 502 - INFORMATION TECHNOLOGY Total: 4,286.62 Fund: 601- SILVERROCK RESORT HOME DEPOT CREDIT SERVIC... 212379 08/30/23 - BRASS VALVES FOR SRR Repair & Maintenance 601-0000-60660 62.13 Fund 601- SILVERROCK RESORT Total: 62.13 Grand Total: 435,191.86 11/13/2023 7:41:20 PM 179 Page 2 of 4 Demand Register Fund Summary Fund 101 -GENERAL FUND 201- GAS TAX FUND 215 - LIGHTING & LANDSCAPING FUND 241- HOUSING AUTHORITY 247 - ECONOMIC DEVELOPMENT FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT Account Number 101-0000-20305 101-0000-20325 101-0000-42301 101-1002-60101 101-1004-50252 101-1005-60103 101-1007-60403 101-2001-60193 101-2002-60691 101-2002-61100 101-2002-61300 101-2002-61304 101-3002-60108 101-3002-60420 101-3003-60149 101-3005-60184 101-3005-60431 101-3005-60432 101-3005-60554 101-3005-60691 101-3007-60450 101-3007-60461 101-3008-60196 101-3008-60431 101-3008-60432 101-3008-60667 101-6004-60103 101-6004-60120 101-6004-60351 101-7002-60183 201-7003-60431 215-7004-60420 241-9101-60103 247-0000-60461 401-0000-20600 401-0000-60108 401-0000-60188 501-0000-60675 501-0000-60676 502-0000-60662 502-0000-61300 601-0000-60660 Grand Total: Account Summary Account Name Due to SunLine Due to County Recorder Miscellaneous Revenue Contract Services - Admi... Annual Wellness Dollar ... Professional Services Citywide Supplies Sexual Assault Exam Fees Maintenance/Services Gas - Utilities Telephone - Utilities Mobile/Cell Phones/Sate.., Technical Operating Supplies Community Experiences Fritz Burns Pool Mainten... Materials/Supplies Tools/Equipment LQ Park Water Feature Maintenance/Services Sponsorships/Advertising Marketing & Tourism Pr... Annual Permits/Inspecti... Materials/Supplies Tools/Equipment HVAC Professional Services Lot Cleaning/Gravel Prog— Membership Dues Map/Plan Checking Materials/Supplies Operating Supplies Professional Services Marketing & Tourism Pr... Retention Payable Technical Construction Parts, Accessories, and ... Vehicle Repair & Maint... Copiers Telephone - Utilities Repair & Maintenance Grand Total: Expense Amount 133,575.36 46.75 342.11 6,225.00 3,950.00 284,172.56 2,531.33 4,286.62 62.13 435,191.86 Expense Amount 177.50 304.00 -8.25 3,500.00 200.00 3,750.00 487.93 1,200.00 1,915.18 472.28 1,795.64 200.85 4,000.00 760.77 11,226.27 6,322.00 304.21 439.46 190.00 3,200.00 5,000.00 70,941.55 675.00 934.13 845.91 3,341.00 4,641.43 1,000.00 600.00 5,158.50 46.75 342.11 6,225.00 3,950.00 -14,873.35 1,452.60 297,593.31 34.52 2,496.81 496.40 3,790.22 62.13 435,191.86 Packet: APPKT03640 - 11/10/2023 JB 11/13/2023 7:41:20 PM 180 Page 3 of 4 Demand Register Project Account Key **None** 201901T 202201T 202203CT 202203RP 202230CT 202319E IRONE STVRE VETSE Project Account Summary Project Account Name **None** Technical Expense Technical Expense Construction Expense Retention Payable Construction Expense Entry Monument Project expense Ironman Expense Short Term Vacation Rental Expen... Veterans Day Ceremony Expense Grand Total: Project Name **None** Village Art Plaza Promenade & Ct Avenue 50 Pavement Rehab (Wa Fred Waring Drive Pavement Reh Fred Waring Drive Pavement Reh Cove Trails Parking Lot Improverr Entry Monuments project Ironman Event Short Term Vacation Rental Tracl Veterans Day Ceremony 435,191.86 Packet: APPKT03640 - 11/10/202316 Expense Amount 127,451.60 1,155.00 297.60 297,564.78 -14,873.35 28.53 3,950.00 9,990.64 8,391.43 1,235.63 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report. as "none" in this section. 11/13/2023 7:41:20 PM 181 Page 4 of 4 ATTACHMENT 2 City of La Quinta Bank Transactions 10/30/2023-11/10/2023 Wire Transaction Listed below are the wire transfers from 10/30/2023-11/10/2023 Wire Transfers: 10/30/2023 - WIRE TRANSFER - CALPERS $6,376.62 10/30/2023 - WIRE TRANSFER - CALPERS $15,396.47 10/30/2023 - WIRE TRANSFER - CALPERS $28,672.08 10/30/2023 - WIRE TRANSFER - LQCEA $468.00 10/30/2023 - WIRE TRANSFER - MISSION SQUARE $3,925.00 10/30/2023 - WIRE TRANSFER - MISSION SQUARE $13,667.95 10/30/2023 - WIRE TRANSFER - STEWART TITLE OF CALIFORNIA, INC. $3,583,426.00 10/31/2023 - WIRE TRANSFER - AMERITAS $44.98 10/31/2023 - WIRE TRANSFER - AMERITAS $103.74 10/31/2023 - WIRE TRANSFER - AMERITAS $1,003.38 10/31/2023 - WIRE TRANSFER - STERLING $1,460.39 10/31/2023 - WIRE TRANSFER - STANDARD OF OREGON $1,518.88 10/31/2023 - WIRE TRANSFER - AMERITAS $6,185.24 10/31/2023 - WIRE TRANSFER - COLONIAL LIFE $8,531.56 11/03/2023 - WIRE TRANSFER - BANK OF NEW YORK MELLON $1,000,000.00 11/06/2023 - WIRE TRANSFER - LANDMARK $204,446.47 11/07/2023 - WIRE TRANSFER - CALPERS $129,557.10 11/10/2023 - WIRE TRANSFER - CALPERS $6,180.87 11/10/2023 - WIRE TRANSFER - CALPERS $15,619.35 11/10/2023 - WIRE TRANSFER - CALPERS $28,589.41 11/10/2023 - WIRE TRANSFER - LQCEA $459.00 11/10/2023 - WIRE TRANSFER - MISSION SQUARE $3,925.00 11/10/2023 - WIRE TRANSFER - MISSION SQUARE $13,267.95 TOTAL WIRE TRANSFERS OUT $5,072,825.44 182 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SUBSECTION 3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS TO ESTABLISH THAT APARTMENTS ARE NOT ELIGIBLE TO APPLY FOR OR OBTAIN A SHORT-TERM VACATION RENTAL PERMIT RECOMMENDATION • Move to take up Ordinance No. by title and number only and waive further reading. • Move to introduce at first reading, Ordinance No. to add Subsection 3.25.070(S) to Chapter 3.25 of the La Quinta Municipal Code related to Short -Term Vacation Rentals to establish that apartments are not eligible to apply for or obtain a short-term vacation rental permit. EXECUTIVE SUMMARY • On November 7, 2023, Council discussed possible additions and amendments to Chapter 3.25 of the La Quinta Municipal Code (LQMC) related to Short -Term Vacation Rentals (STVRs) and directed staff to bring back an ordinance to establish that apartments are not eligible to apply for or obtain an STVR permit. • Code amendments related to potentially qualifying Homeowner Associations (HOA) may be tabled for future Council consideration if -and -when the City receives a viable request from an HOA that merits this matter for review. FISCAL IMPACT — None. BACKGROUND/ANALYSIS On November 7, 2023, Council introduced Ordinance No. 607 for first reading to add and/or amend various sections of Chapter 3.25, which is on tonight's agenda for adoption on second reading. 183 Based on Council's discussion, comments, and direction, staff has proposed: • An ordinance to add Subsection 3.25.070(S) to Chapter 3.25 to establish that apartments are not eligible to apply for or obtain a short-term vacation rental permit. • Table any code amendments related to potentially qualifying HOAs for future Council consideration if -and -when the City receives a viable request from an HOA that merits this matter for review. ALTERNA i ivt5 Council may elect not to introduce the proposed ordinance; or instruct staff to make additional/different amendments. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 184 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SUBSECTION 3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS TO ESTABLISH THAT APARTMENTS ARE NOT ELIGIBLE TO APPLY OR OBTAIN A SHORT-TERM VACATION RENTAL PERMIT WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals, including permitted uses, short-term vacation rental (STVR) process and permitting procedures, requirements, violations, fines, etc.; and WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and WHEREAS, the addition of the proposed Subsection (S) to Section 3.25.070 — Operational requirements and standard conditions to the STVR Program establishes that apartments, as defined in the LQMC, are not eligible to apply for or obtain an STVR permit. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Subsection (S) is added to Section 3.25.070 — Operational requirements and standard conditions to the La Quinta Municipal Code to read as follows: "S. No "apartment," "apartment building, "or "apartment project, "as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code shall be eligible to apply for or obtain a short-term vacation rental permit." SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. 185 Ordinance No. XXX Chapter 3.25 Short -Term Vacation Rentals — Adding Subsection 3.25.070(S) regarding Apartments Adopted: 2023 Page 2 of 3 SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this , 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: /_%09:& 6 MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 186 Ordinance No. XXX Chapter 3.25 Short -Term Vacation Rentals — Adding Subsection 3.25.070(S) regarding Apartments Adopted: 2023 Page 3 of 3 (STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 607 which was introduced at a regular meeting on the day of , 2023, and was adopted at a regular meeting held on the day of 2023, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on day of November, 2023, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California 187 188 City of La Quints PUBLIC HEARING ITEM NO. 1 CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE CITY'S COMMUNITY DEVELOPMENT PRIORITIES, AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2024/25 RECOMMENDATION Adopt a resolution to approve the City's community development priorities, authorize the City Manager to submit applications to the Riverside County Economic Development Agency for Community Development Block Grant funds, execute the Supplemental Agreements for fiscal year 2024/25; and allocate $23,500 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program, $164,229 to the City of La Quinta Americans with Disabilities Act Improvements Project, and an additional allocation of $5,481 for public improvements if approved by Riverside County. EXECUTIVE SUMMARY • The County of Riverside (County) is currently preparing the 2024-2029 Community Development Block Grant (CDBG) Consolidated Plan, as required by the County of Riverside Department of Housing and Workforce Solutions (HWS). • The CDBG funds programs revitalize neighborhoods, promote economic development, and improve community facilities and services. • City is eligible to receive approximately $193,210 in CDBG funds in fiscal year (FY) 2024/25; 15% can be used for public services projects and 85% for public improvements or housing services. • City -approved grant applications must be submitted to HWS no later than December 15, 2023. The exact amount of CDBG funding will be confirmed in the second quarter of 2024. FISCAL IMPACT Upon approval by the HWS, the City will receive an estimated $193,210 in CDBG funds. The final FY 2024/25 funding allocation will be based upon actual funds received. Revenues and expenses will be incorporated in FY 2024/25 City Budget and tracked in a 189 special revenue fund Account No. 210-0000-43105 CDBG (Federal Assistance Fund 210). BACKGROUND/ANALYSIS The City is a cooperating city of the County's CDBG program and has participated since 1983. HWS oversees the County's program and the County distributes annual funding to cooperating cities. The CDBG program requires that each project/activity the funds are used for meets one of the three national objectives: 1) benefit low and moderate -income individuals; 2) aid in the prevention or elimination of slums or blight; or 3) meet a need having a particular urgency. The County of Riverside is in the process of preparing the 2024-2029 Consolidated Plan (Plan). The five-year Plan is required by the Department of Housing and Urban Development (HUD) as a condition of receiving federal funding. As part of the Plan update process, the City is required to conduct a Community Needs Assessment Survey (Survey). The Survey assists in the identification of community, housing, and social needs where future CDBG funding may be of assistance. As of November 16, 2023, 6 surveys were completed. Based on the Survey, the community development needs/CDBG funding priorities are public service needs including section 8 housing, low-income housing, eviction prevention and tenants' rights assistance, healthcare services, youth and senior citizen services, and emergency assistance. The Survey information will be provided to the County to be included in the 2024-2029 CDBG Plan. Public Services CDBG funding can be used for public services, such as childcare, recreation and education programs; however, only 15% of the awarded annual allocation may be designated for public services, or a maximum of $28,982 for FY 2024/25 based on the total amount of $193,210 anticipated to be distributed to the City. The County HWS has a minimum funding requirement of $10,000 for this category. The Boys and Girls Club requested only $23,500 for FY 2024/25 which leaves an available balance of $5,481. Public Improvements CDBG funding can be used for public improvements, which include construction, reconstruction, rehabilitation, and accessibility improvements. Public improvement funds can be used for facilities and improvements that are publicly owned or owned by a non- profit agency open to the public. These funds must be used for improvements that benefit low- and moderate -income individuals or neighborhoods. Based on the County's guidelines for allocation of funds, 85% of the awarded annual allocation may be designated for public/capital improvements, or a maximum of $164,229 for FY 2024/25 based on the total amount anticipated to be distributed to the City. The City will request that the County reallocate the remaining funds of $5,481 in the public services category to be used for public improvements, for a total amount of $169,710. 190 CDBG Applications The City received two applications for CDBG funding (Attachment 1) — The Boys and Girls Club of the Coachella Valley submitted a public service application; and the City's Engineering Services Division submitted a public improvement -funding request. Staff recommends awarding the anticipated public service funds of $23,500 to the Boys and Girls Club; and $164,229 plus potentially an additional $5,481 to the City's Engineering Services division should the reallocation request as noted above be approved by the County. The Boys and Girls Club funding will benefit 19 children who attend; the public improvement request will fund American with Disabilities Act (ADA) improvements at City facilities that benefit individuals with disabilities and those who have low and moderate income. Agency and Public Review A request for applications and notice of funding availability was posted to the City's website on September 8, 2023. A public notice was published in The Desert Sun on November 8, 2023, announcing the availability of funds and the public hearing date. TERNATIVES Council may allocate funds to an alternate single applicant in each category, or an alternate combination of applicants and funding amounts in each category. Council could elect to not approve the recommended community development needs/CDBG funding priorities or modify the proposed needs/funding priorities list. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Fiscal Year 2024/25 CDBG Summary of Applications 191 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2024/2025 WHEREAS, The City of La Quinta (City) is a participating jurisdiction in the County of Riverside Housing and Workforce Solutions Community Development Block Grant Program, and WHEREAS, the City and County of Riverside (County) cooperatively administer the Community Development Block Grant (CDBG) program under the provision of the Cooperative Agreement executed between the City and County, and under applicable U.S. Department of Housing and Urban Development rules; and WHEREAS, the Public Works Department published a public hearing notice in The Desert Sun newspaper on November 8, 2023, announcing the public hearing date, availability of funds, and requesting proposals; and WHEREAS, pursuant to said agreement, the City Council held a public hearing on November 21, 2023, to consider public comments on community needs and the use of such funds; and WHEREAS, the CDBG Funds for Fiscal Year 2024/2025 is estimated to be approximately $193,210 to begin July 1, 2024; and WHEREAS, the City must submit project applications to the County of Riverside Housing and Workforce Solutions; and WHEREAS, merits of all proposals were openly discussed and considered; and WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: 192 Resolution No. 2023 — XXX CDBG Funds and Priorities for Fiscal Year 2024/2025 Adopted: November 21, 2023 Page 2 of 3 PROJECT NAME Miscellaneous ADA Improvements Reallocation request from public services to public improvements for Miscellaneous ADA Improvements Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $164,229 City of La Quinta $ 5,481 Coachella Valley Boys and Girls $ 23,500 Club La Quinta Unit TOTAL: $193,210 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City of La Quinta hereby selects the above-named projects, for use of Community Development Block Grant funds. SECTION 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the County of Riverside Housing and Workforce Solutions in a timely manner proposing the named use of funds. SECTION 3. That the City Council hereby authorizes the City Manager to approve and execute the 2024/25 Supplemental Agreement between the Riverside County Economic Development Agency and the City. SECTION 4. That the City Council hereby authorizes the City Manager to execute any and all necessary documents and other agreements to consummate all activities in this resolution. SECTION 5. If there is shortfall in funding, the City Council directs the City Manager to request the County of Riverside to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 193 Resolution No. 2023 — XXX CDBG Funds and Priorities for Fiscal Year 2024/2025 Adopted: November 21, 2023 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 194 ATTACHMENT 1 CITY OF LA QUINTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2024/2025 SUMMARY OF APPLICATIONS RECEIVED Public Service Application THE BOYS AND GIRLS CLUBS OF THE COACHELLA VALLEY — LA QUINTA UNIT: • The Boys and Girls Club of the Coachella Valley was founded in 1966. • After school program has been provided in the City of La Quinta since 1994. • The fee waiver/reduction program has been funded by the City of La Quinta with CDBG funds for the past 20 years. Funds Requested/Service Provided: • Requesting $23,500 for fee waiver/reduction program to provide scholarships benefiting extremely low-, very low-, low-, and moderate -income children. • $23,500 will enable 19 qualifying children to take advantage of the Club's services and programs. Public Improvement Applications CITY OF LA QUINTA Project Summary: • The City of La Quinta Public Works Department submitted an application requesting $164,229 of CDBG funding for Americans with Disabilities Act (ADA) improvements at various City owned public parks and public facilities. • Project will correct ADA deficiencies at various City owned public parks and facilities throughout the City of La Quinta. • The ADA improvements at various City owned facilities throughout the City will promote easier accessibility for individuals with disabilities. • The improvements are based upon an ADA Transition Plan Report previously completed by the City. • Funding will allow for design, construction, inspection, and testing costs associated with ADA improvements. 195 196 PUBLIC HEARING ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: November 21, 2023 STAFF REPORT AGENDA TIT' C: CONTINUED FROM NOVEMBER 7,2023: ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 *Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022- 0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.) RECOMMENDATION Adopt a resolution to adopt a Mitigated Negative Declaration for Environmental Assessment 2022-0001. Adopt a resolution to approve General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment 2) and Site Development Permit 2022-0001 for the La Quinta Village Apartments, consisting of 252 units located at the northeast corner of Washington Street and Avenue 50. *Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022-0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.) EXECUTIVE SUMMARY • The project site is located on a vacant parcel at the northeast corner of Washington Street and Avenue 50, the site of the previously approved La Paloma project (Attachment 1). The Applicant is requesting entitlement approval for a 252 -unit apartment project which would include 178 market -rate units and 74 moderate -income affordable units. The project would include site improvements such as landscaping, utility infrastructure, covered parking, clubhouse, pool, spa, barbeque areas, putting course, pickleball court, and dog park. 197 • The project was heard by Council on August 1, 2023, and the public hearing was continued to a date uncertain to allow the applicant to address modifications to the project including changing the architectural style of the buildings to Spanish Hacienda style, removing all three-story buildings, and removing garages on the north side of the site. The applications were remanded to the Planning Commission (Commission) to review these changes. The Commission reviewed the changes at their October 10, 2023, regular meeting and recommended Council approve the proposed changes. • The project was heard again by Council on November 7, 2023, and continued to a date certain of November 21, 2023, as Council directed staff to add alternative sites to accommodate the 280 low- and very low-income units and to meet the State - mandated "No Net Loss" requirements. Council remanded to the Planning Commission the consideration of adding alternate sites to the Housing Element's inventory of sites. • Staff identified two additional sites to accommodate the 280 low- and very low-income units, including Site 6, but with a reduced land area of 6 acres and the number of units from 280 to 120. • On November 14, 2023, the Planning Commission recommended approval of the additional sites, including Site 6. FISCAL IMPACT — None BACKGROUND/ANALYSIS For background, a link to the November 7, 2023, Council Agenda Packet is provided here: https://laglaserweb.laguintaca.gov/WebLink/DocView.aspx?id=586712&dbid=1 &repo=CitvofLaQuinta General Plan Amendment The project site is identified on the City's inventory of sites in its Housing Element to accommodate 280 residential units in the low- and very low-income categories. Pursuant to Government Code Section 65863 (commonly referred to as the state "No Net Loss Law"), a jurisdiction must maintain adequate sites to accommodate its remaining unmet regional housing need allocation (RHNA) by each income category. If a jurisdiction approves a development of a parcel identified in its Housing Element sites inventory with fewer units, per income category, than shown in the Housing Element, it must either make findings that the Housing Element's remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by income level or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category. The City is responsible for compliance with the No Net Loss Law, unless a project applicant(s) request in their initial application, as submitted, a density that would result in the remaining sites in the Housing Element not being adequate to accommodate the jurisdiction's share of the regional housing. While the project includes 74 moderate -income units and 178 market -rate units, the project does not include units in the low- and very low-income categories. Therefore, the Applicant must identify additional site(s) that could accommodate 280 low- and very low-income units. This requires a GPA to add another site to the inventory of sites in the Housing Element. W. The Applicant identified an additional site, a 12.74 -acre property identified as Site 6 on the draft Housing Element amendment (Attachment 2). Site 6 is located at the northeast corner of Washington Street and Fred Waring Drive and is in a Community Commercial zone that also has the Affordable Housing Overlay and Mixed -Use Overlay, which allows for mixed use development — both multi -family residential and commercial development. There is no planned development on Site 6 at this time. The site has been identified as having the capacity to support 280 units of low- and very low-income affordable housing. However, the owner of Site 6 objects to adding the site on the housing inventory in the City's Housing Element. Staff finds that this site is ideal as it allows for mixed commercial and multi -family residential uses and has the Affordable Housing Overlay designation that allows a higher density for affordable housing projects. Staff and the Planning Commission recommend that this site be added to the Housing Inventory with 120 very- low- and low- income affordable units on 6 acres of the 12.74 -acre site. Additional Sites 4 and 5 Two additional sites have been identified that can accommodate the remaining unmet RHNA. Attachment 2 shows the location of these sites and the number of units that can be accommodated. Site 4 is an approximately 7.5 -acre parcel, located at the southeast corner of Avenue 50 and Washington Street, and is within the Medium Density Residential (RM) zone. An application for a 100% affordable housing project of 64 low- and very low-income units has been filed with the City and is under review. Site 4 is ideal because it is located near transit, schools, and commercial areas. Site 5 is an approximately 5.2 -acre City -owned parcel, located at the northeast corner of Highway 111 and Dune Palms Road, along the Highway 111 commercial corridor in the Regional Commercial (CR) zone. Site 5 is directly abutting the site to the north of the future Chick-fil-A and Quick Quack car wash development. This zone allows for multi -family residential development and mixed-use development. The Affordable Housing Overlay on this site allows a higher density for affordable housing projects and has been analyzed in a recently adopted California Environmental Quality Act (CEQA) document for the development of a 180 -unit affordable housing project. The addition of these sites, including Site 6 (reduced to 120 units and 6 acres) would provide sufficient capacity in the housing inventory and the La Quinta Village Apartments project would be compliant with the State -mandated "No Net Loss" requirements. If the GPA is approved, including the project as proposed, the City would then re -submit its Housing Element to the California Department of Housing and Community Development (HCD). This project is conditioned to not move forward with the "subordinate" entitlements and permits, such as the Specific Plan Amendment, Site Development Permit, and the ensuing construction until and unless HCD has approved the amendment to the Housing Element. 199 AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. 'ublic Hearing Notice This project was advertised in The Desert Sun newspaper on October 27, 2023, and distributed to properties within 1,000 feet of the Site. Since the public hearing was continued to a date certain, renoticing was not required. Staff have received written comments from the public stating their opposition, with concerns regarding traffic, noise, and views, but no further comments were received after the November 7, 2023, Council meeting. ENVIRONMENTAL REVIEW The Design and Development Department (Department) prepared a Mitigated Negative Declaration (MND) consistent with the CEQA (Exhibit A to EA 2022-0001 Resolution) and circulated it for public review from March 3, 2023, through March 23, 2023, as prescribed by the CEQA Guidelines. The Department determined that the project would have less than significant effects on the environment, with mitigation measures incorporated. The City received eleven (11) public comments during the public review period regarding the traffic, biological, energy, and cultural resources. None of the comment letters triggered modifications to the MND. ALTERNATIVES Council may approve the General Plan Amendment to add sites, including Sites 4, 5, and 6 (6 acres and 120 units), and approve the project as recommended. Council may direct staff to explore other alternate sites to meet the capacity for 280 low- and very low-income affordable housing units. Council may deny the General Plan Amendment to add the sites as recommended. Denial of the General Plan Amendment would render the other applications moot. Prepared by: Danny Castro, Design and Development Director Approved by: Jon McMillen, City Manager Attachments: 1. Vicinity Map 2. Draft Housing Element Inventory Sites Map Amendment 3. Final Plans 200 RESOLUTION 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS, LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2022-0001 APPLICANT: IRWIN PARTNERS ARCHITECTS WHEREAS, the City Council of the City of La Quinta, California did, on November 21, 2023, hold a duly noticed Public Hearing to consider a request by Irwin Partners Architects, to develop the La Quinta Village Apartments project, a 252 -unit apartment project at the northeast corner of Washington Street and Avenue 50, more commonly described as: 646-070-016 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 27, 2023 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 1,000 feet of the site; and WHEREAS, the City Council of the City of La Quinta, California, did, on August 1, 2023, previously hold a duly noticed Public Hearing to consider adoption of a Mitigated Negative Declaration and approval of General Plan Amendment, Specific Plan and Site Development Permit; and WHEREAS, upon hearing and considering all testimony and arguments, the City Council did continue the public hearing until a date uncertain and remanded the applications to the Planning Commission requesting that the applicant make changes to the project including reducing the number of stories of the units from three to two stories, changing the architectural style of the buildings from Contemporary Modern to Spanish Hacienda style, and removing garages on the north side of the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on October 10, 2023, hold a duly noticed Public Hearing to consider changes to the La Quinta Village Apartments project and adopted Planning Commission Resolution No. 2023-016 recommending the Council approve the changes; and WHEREAS, the City Council of the City of La Quinta, California, did previously hold a duly noticed Public Hearing on November 7, 2023, to consider this project, and upon hearing and considering all testimony and arguments, directed staff to identify 201 Resolution No. 2023 -XXX Environmental Assessment 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 2 of 3 alternative sites to the housing inventory in the City's Housing Element to accommodate the 280 very low and low income units and to meet the State -mandated "No Net Loss" requirements, in connection with this project; WHEREAS, the City Council did continue the Public Hearing to a date certain and remanded to the Planning Commission the consideration of adding alternate sites to the Housing Element's inventory of sites; WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 14, 2023, hold a meeting to consider adding alternate sites to the Housing Element's inventory of sites and adopted Planning Commission Resolution No. 2023-019 recommending the Council approve the addition of alternate sites to the Housing Element's inventory of sites; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously, on March 28, 2023, and June 27, 2023, hold duly noticed Public Hearings to consider said applications and recommended the City Council adopt a Mitigated Negative Declaration; and WHEREAS at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings pursuant to California Environmental Quality Act to justify approval of said Environmental Assessment: 1. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts can be mitigated to be less than significant levels. 2. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. Potential impacts can be mitigated to be less than significant. 3. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Potential impacts can be mitigated to be less than significant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 202 Resolution No. 2023 -XXX Environmental Assessment 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 3 of 3 SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the City Council hereby does recommend adoption of Environmental Assessment 2022-0001 with mitigation measures incorporated [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on November 21, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 203 Resolution No. 2023 -XXX Environmental Assessment 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Administrative Draft EXHIBIT A _ cLa Quinta Village Specific Plan Amendment No. 3 Final Initial Study/ Mitigated Negative Declaration Lead Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Prepared by: The Altum Group Rich Malacoff, AICP 44-600 Village Court, Suite 100 Palm Desert, CA 92260 r7 G March October 2023 204 Table of Contents Chapter1 Introduction....................................................................................................................... 1 1.1 Overview...............................................................................................................................................1 1.2 Authority...............................................................................................................................................1 1.3 Scope of Environmental Review...........................................................................................................1 1.4 Impact Assessment Terminology..........................................................................................................2 1.5 Organization of the Initial Study...........................................................................................................2 1.6 Documents Incorporated by Reference................................................................................................2 Chapter 2 Project Description............................................................................................................. 4 2.1 Project Location and Setting.................................................................................................................4 2.2 Project Description...............................................................................................................................5 2.3 Project -Related Approvals....................................................................................................................5 2.4 Summary of Mitigation Measures........................................................................................................6 Chapter 3 Environmental Evaluation................................................................................................. 15 3.1 Aesthetics............................................................................................................................................16 3.2 Agriculture and Forestry Resources....................................................................................................18 3.3 Air Quality...........................................................................................................................................19 3.4 Biological Resources...........................................................................................................................27 3.5 Cultural Resources..........................................................................................................................3234 3.6 Energy.............................................................................................................................................35-34 3.7 Geology and Soils............................................................................................................................36 -5 3.8 Greenhouse Gas Emissions.............................................................................................................4140 3.9 Hazards and Hazardous Materials..................................................................................................434 3.10 Hydrology and Water Quality.........................................................................................................4645 3.11 Land Use and Planning...................................................................................................................4945 3.12 Mineral Resources..........................................................................................................................5159 3.13 Noise...............................................................................................................................................5254 3.14 Population and Housing.................................................................................................................5554 3.15 Public Services................................................................................................................................565§ 3.16 Recreation......................................................................................................................................5955 3.17 Transportation................................................................................................................................6059 DeseFt-SageLa_Quinta Village SPA No. 3 IS/MND ii August 2023 205 3.18 Tribal Cultural Resources................................................................................................................6466 3.19 Utilities and Service Systems..........................................................................................................6766 3.20 Wildfire...........................................................................................................................................6968 3.21 Mandatory Findings of Significance...............................................................................................7065 Chapter 4 Report Preparers....................................................................................................................757-4 List of Tables Table 1 Surrounding Land Uses......................................................................................................................4 Table 2 Construction -Related Regional Criteria Pollutant Emissions..........................................................22 Table 3 Operational Regional Criteria Pollutant Emissions.........................................................................23 Table 4 Maximum Number of Acres Disturbed Per Day..............................................................................24 Table 5 Local Construction Emissions at the Nearest Receptors.................................................................25 Table 6 Local Operational Emissions at the Nearest Receptors..................................................................26 Table 7 Project Related Greenhouse Gas Annual Emissions...................................................................4241 Table 8 Off -Site Traffic Noise Levels........................................................................................................54-53 Table 9 Existing Conditions (2021) Intersection Analysis........................................................................6261 Table 10 Project Completion (2023) Intersection Analysis........................................................................6261 Table 11 Cumulative Intersection Analysis................................................................................................6362 List of Exhibits Exhibit1 Regional Map....................................................................................................................................9 Exhibit2 Vicinity Map....................................................................................................................................10 Exhibit3 Site Plan..........................................................................................................................................11 Exhibit4 Renderings......................................................................................................................................12 Exhibit 5 Avenue 50 Noise Contour Map.......................................................................................................13 Exhibit 6 Washington Street Noise Contour Map..........................................................................................14 Appendix Appendix A Troutdale Village Air Quality, Greenhouse, and Energy Impact Study, MD Acoustics, December 30, 2021. Appendix B Biological Resources Report for the Troutdale Village Project Located in the City of La Quinta, Riverside County, California, ELMT Consulting, December 15, 2021. Appendix C Cultural Resource Investigation in Support of the Troutdale Village Project, PaleoWest, April 25, 2022. Appendix D Troutdale Village Apartments Project Noise Impact Study, MD Acoustics, January 12,2022. Appendix E Troutdale Village Transportation Analysis, Integrated Engineering Group, December 2021. Appendix F Preliminary Hydrology Study for Troutdale Village, Egan Civil, January 22, 2023. Appendix G Troutdale Village Preliminary Water Quality Management Plan, Egan Civil, January 2023. Appendix H Troutdale Village Transportation Analysis, Integrated Engineering Group, April 2023. DeseFt-SageLa_Quinta Villafe SPA No. 3 IS/MND iii MaFe�,Auust 2023 206 Acronyms AB Assembly Bill AMSL Above Mean Sea Level APN Assessor's Parcel Number AQMP Air Quality Management Plan BMPs Best Management Practices CA EPA California Environmental Protection Agency CalEEMod California Emissions Estimator Model CALGreen California Green Building Standards Caltrans California Department of Transportation CAP Climate Action Plan CARB California Air Resources Board CBC California Building Code CCR California Code of Regulations CDC California Department of Conservation CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFC Chlorofluorocarbons CH4 Methane CNEL Community Noise Equivalent Level CNPS California Native Plant Society CO Carbon Monoxide CO2 Carbon Dioxide CVMSHCP Coachella Valley Multiple Species Habitat Conservation Plan CVWD Coachella Valley Water District dB Decibel dBA A -weighted decibels DSUSD Desert Sands Unified School District DTSC California Department of Toxic Substances Control DU/AC Dwelling Unit per Acre e.g. Exempli Gratia or "for example" EIR Eastern Information Center EPA Environmental Protection Agency FTA Federal Transit Administration GHG Greenhouse Gas IID Imperial Irrigation District In/sec Inches Per Second IS Initial Study DeseFt-SageLa_Quinta VillaEe SPA No. 3 IS/MND iv MaFe �,August 2023 207 ITE Institute of Engineers Lbs/day Pounds Per Day Leq Equivalent Continuous Sound Pressure Level LST Localized Significance Threshold MGD Million Gallons Per Day MLD Most Likely Descendant MMTCO2e Million Metric Tons of CO2 Emitted MRZ-3 Mineral Resources Zone 3 MWD Metropolitan Water District of Southern California N2O Nitrous Oxides NAHC Native American Heritage Commission NO Nitric Oxide NO2 Nitrogen Dioxide NOx Nitrogen Oxide NPDES National Pollution Discharge Elimination System PDPD Palm Desert Police Department PM Particulate Matter PM10 Particulate Matter Equal to or less than 10 Microns in Diameter PM2.5 Particulate Matter Equal to or less than 2.5 Microns in Diameter PPM Parts Per Million PPV Peak Particle Velocities PRC California Public Resources Code PSI Pounds Per Square Inch PSUSD Palm Springs Unified School District RCALUC Riverside County Airport Land Use Commission RCFD Riverside County Fire Department RCRA Resource Conservation and Recovery Act RCS/SCS Regional Transportation/Sustainable Communities Strategy RMS Root Mean Square RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board SB Senate Bill SCAB South Coast Air Basin SCAG Southern California Associations of Government SCAQMD South Coast Air Quality Management District SCE Southern California Edison SCS Sustainable Communities Strategy SIP State Implementation Plan SO2 Sulfur Dioxide DeseFt-SageLa_Quinta VillaEe SPA No. 3 IS/MND v August 2023 208 SoCal Gas Southern California Gas SOI Sphere of Influence SRA Source Receptor Area SRA State Responsibility Area SSAB Salton Sea Air Basin STC Sound Transmission Class SWPPP Stormwater Pollution Prevention Plan USACE United States Army Corps of Engineers UWMP Urban Water Management Plan VdB Vibration decibels VMT Vehicle Miles Traveled WMP Water Management Plan WQMP Water Quality Management Plan WRP 10 Wastewater Treatment Plant 10 DeseFt-SageLa_Quinta VillaEe SPA No. 3 IS/MND vi August 2023 209 This page intentionally left blank. DeseFt-SageLa_Quinta VdIaEe SPA No. 3 IS/MND vii August 2023 210 1 INTRODUCTION Chapter 1 Introduction 1.1 Overview Troutdale Village, LLC. (hereafter, "Applicant") is proposing to develop the DeseFtSage.LLQuinta ViIIaEe Specific Plan Amendment No. 3 Project (hereafter, "Project"), which consists of 252 dwelling units in the City of La Quinta (hereafter, "City"), in Riverside County, California. The Project site is located at the northeast corner of the intersection of Washington Street and Avenue 50 and is comprised of one parcel totaling approximately 14.03 acres. Currently, the Project site is vacant and is bordered by a residential community to the north, Washington Street to the west, vacant land to the east, and Avenue 50 to the south. The proposed Project will require the following entitlements from the City: 1) Specific Plan Amendment to replace the previous La Paloma Specific Plan (now called gej Quinta Village Specific Plan) for the Project site and substitute for the City of La Quinta Municipal Code and 2) Site Development Permit to allow for the development of 252 dwelling units and associated site improvements. 1.2 Authority The City of La Quinta is the lead agency for the proposed Project. The City Council is the governing body for the approval of the Project and adoption of the Mitigated Negative Declaration. Because the Project involves a change to the existing site, the City Council's consideration of the Project and its potential environmental effects is a discretionary action that is subject to the California Environmental Quality Act (CEQA). This Subsequent Initial Study (IS) and its appendices have been prepared in accordance with CEQA (Statute), the State's Guidelines for Implementation of CEQA (Guidelines) (as amended, 2018), and the City's CEQA Guidelines for preparation of an IS. This IS, when combined with the Notice of Intent to Adopt a Mitigated Negative Declaration, serves as the environmental document for the proposed Project pursuant to the provisions of CEQA (Public Resources Code 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Section 15000, et seq.). 1.3 Scope of Environmental Review The IS evaluates the proposed Project's potential environmental impacts on the following topics: • Aesthetics • Agricultural and Forestry 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 • Wildfire • Mandatory Findings of Significance DeseFt-Sa-ge,La__Quinta Village SPA No. 3 IS/MND 1 MaFeh August 2023 211 1 INTRODUCTION 1.4 Impact Assessment Terminology The Environmental Checklist identifies potential impacts using four levels of significance as follows: • No Impact. A finding of no impact is made when it is clear from the analysis that the proposed project would not affect the environment. • Less than significant. A finding of less than significant is made when it is clear from the analysis that a proposed project would cause no substantial adverse change in the environment and no mitigation is required. • Less than significant with mitigation incorporated. A finding of less than significant with mitigation incorporated is made when it is clear from the analysis that a proposed project would cause no substantial adverse change in the environment when mitigation measures are successfully implemented by the project proponent. • Potentially Significant. A finding of potentially significant is made when the analysis concludes that the proposed project could have a substantially adverse impact on the environment related to one or more of the topics listed in the previous section, Scope of the Initial Study. 1.5 Organization of the Initial Study The content and format of this IS meet the requirements of CEQA. This IS contains the following sections: • Chapter 1 Introduction. This chapter provides a brief summary of the proposed Project, identifies the lead agency, summarizes the purpose and scope of the IS, and identifies documents incorporated by reference. • Chapter 2 Proiect Description. This chapter provides a project overview including a description of the regional location and Project vicinity, including Exhibits; and provides a description of the Project elements, e.g., dimensions of the Project, and identifies other agencies that may have permitting authority over the Project. • Chapter 3 Environmental Checklist. This chapter provides a copy of the City's Environmental Checklist and responses to each question posed in the checklist. This chapter also provides a brief description of the sources used to evaluate the proposed Project, a brief description of the existing conditions for each topic, and an analysis of potential environmental impacts. Mitigation measures are also identified where necessary. • Chapter 4 List of Preparers. This chapter identifies City staff and consultants who were responsible for the preparation of this IS and implementation of the Project. 1.6 Documents Incorporated by Reference As allowed by CEQA Guidelines Section 15150, a Mitigated Negative Declaration may incorporate by reference all or portions of another document that is generally available to the public. The document used must be available for public review for interested parties to access during public review of the Subsequent Initial Study and Notice of Intent to Adopt a Mitigated Negative Declaration for this Project. The following documents are incorporated by reference. • City of La Quinta 2035 General Plan, Adopted February 19, 2013 (Amended November 19, 2013) • Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan La Quinta Village SPA No. 3 IS/MND MaFeh August 2023 212 1 INTRODUCTION These documents are also available for review at the La Quinta City Hall at 78-495 Calle Tampico, La Quinta, CA 92253. The Project specific reports are attached to the Initial Study as appendices. The General Plan and General Plan Final Environmental Impact Report are located on the City's website at: https://www.laguintaca.gov/business/design-and-development/planning-division/2035-1a-quinta-general- plan and https://www.laquintaca.gov/business/lg2035-general-plan/documents, respectively. La Quinta Village SPA No. 3 IS/MND MaFeh August 2023 213 2 PROJECT DESCRIPTION Chapter 2 Project Description 2.1 Project Location and Setting As detailed in Exhibit 1 Regional Map, and Exhibit 2, Vicinity Map, the Project site is located at the northeast corner of the intersection of Washington Street and Avenue 50 in the City of La Quinta (City), in Riverside County, California. The Project site encompasses Assessor's Parcel Number (APN) 646-070-016. Existine General Plan Designation The Project site is designated as "Medium/High Density Residential" under the City's General Plan 2035 Land Use Map. The Medium/High Density Residential designation is designed to accommodate a broad range of residential land uses, including small -lot divisions, duplex, condominium, and apartments. The maximum density of this land use designation is 16 dwelling units per acre. Existing/Proposed Zoning Designation The Project site is zoned "Medium High Density Residential (RMH)" and within an Affordable Housing Overlay per the City's Official Zoning Map and Municipal Code. Per the City's Municipal Code Section 9.30.060, the purpose of the RMH zoning designation is to provide for the development and preservation of medium-high density neighborhoods (eight to twelve dwelling units per acre), except as provided in Section 9.40.020. The Applicant is proposing a Change of Zene to ehan,.,, the o., jet sites z g d,,signatien fr„w, RNAH to "High Density Residential " vvh+e�i s up-te 16 units peg--ae+eto keep the RMH zoning and apply a Density Bonus which would result in 16 units per acre. The Affordable Housing Overlay designation would remain. Existing Specific Plan Designation The entire Project site is located within the La Paloma Specific Plan (SP 04-071) which would be called Desert SageLa Quinta Village Specific Plan (Specific Plan 2022-0001, SP 04-071 Amendment). Surrounding Land Uses The Project site is bordered by a residential community located immediately north; to the west, the Project site is bordered by Washington Street and beyond is a residential community; to the east, the Project site is bordered by a dry channel and beyond is La Quinta Middle School, YMCA, and the Boys and Girls Club; and to the south, the Project site is bordered by Avenue 50 and beyond is vacant, undeveloped land. See Table 1, Surrounding Land Uses. Table 1 Surrounding Land Uses Direction General Plan Designation Zoning Existing Land Use MHDR - Medium/High Density RM - Medium Density North Residential Residential Residential community MHDR - Medium/High Density RM - Medium Density Avenue 50/Vacant, undeveloped South Residential Residential land Dry channel and La Quinta Middle East OS -N - Open Space Natural FP- Floodplain School, YMCA, and the Boys and Girls Club; West LDR - Low Density Residential RL -Low DensityResidential Washington Street/Residential DeseFt4SaseLa Quinta Village SPA No. 3 IS/MND 4 MaFeh August 2023 214 2 PROJECT DESCRIPTION Existing Utility Infrastructure Existing utility infrastructure at the Project site consists of an 18 -inch Coachella Valley Water District (CVWD) waterline beneath Washington Street and Avenue 50. Additionally, sewer mains are located on the west side of the site in Washington Street and on the south side of the site in Avenue 50. There are existing power poles located on Washington Street, Avenue 50, and the north property line, which may be undergrounded if practical and allowed by Imperial Irrigation District (IID). 2.2 Project Description As shown in both Exhibit 3, Site Plan, the proposed Project involves the development of 4-1--12 two -and three- story apartment buildings totaling 2-94252 dwelling units on a 14.03 -acre property. The proposed apartment buildings would have a maximum height of 40-28 feet. Of the 2-84252 dwelling units, 21-4178 will be market - rate units and 7-&-74 will be moderate -income affordable units. The Applicant also proposes associated site improvements including landscaping, utility infrastructure, parking spaces, an internal roadway, a clubhouse, pool and spa, barbeque areas, putting course, pickleball court, tot lot, and dog park for the residents. The Project would contain two retention basins along the western side of the Project site and some smaller retention basins throughout the site. The Project would provide for a total of 520 parking spaces, including 456 standard spaces, 12 accessible spaces, and 52 future electric vehicle (EV) capable spaces or as required by CalGreen standards. The Project also would provide two bicycle parking racks, for a total of four spaces. Primary Project access would be provided along the Project site's frontage on Washington Street. The proposed secondary access would be provided along the Project site's frontage on Avenue 50. The internal circulation is a driveway around the perimeter of the site, which would not consist of dead -ends. This design also provides easy access for the fire department and trash collector to all proposed buildings on the site. Street improvements to the Project site's frontages with Washington Street and Avenue 50 would consist of expanded pavement, curb, gutter, median, and sidewalk/bike improvements. 2.3 Project -Related Approvals The discretionary approvals required by the City include: • Specific Plan Amendment No. 2022-001 Change of Zone Ne 20»2_009» • Site Development Permit No. 2022-0001 • Adoption ofLa Quints Village Specific Plan IS/MND (EA2022-0001) • General Plan Amendment No. 2022-0002 Administrative approvals are required by the City related to the design and construction of stormwater drainage infrastructure, Coachella Valley Water District (CVWD) for construction of water and sewer infrastructure and connection to the water and sewer distribution and conveyance systems, and Colorado River Basin Regional Water Quality Control Board for issuance of a National Pollutant Discharge Elimination System (NPDES) permit and approval of the Project's Water Quality Management Plan (WQMP). La Quints Village SPA No. 3 IS/MND 5 MaFeh August 2023 215 2 PROJECT DESCRIPTION 2.4 Summary of Mitigation Measures 13I0-1 Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three (3) days prior to vegetation removal or ground -disturbing activities. Pre - construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre - construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and should be at least 300 feet for passerines and 500 feet for raptors and birds -of -prey. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). , censtFuetwen aetivities must begin duFing the nesting biFd seasen (FebFuaFy Ist thFeugh August 31st), a pFe eenstFuetien nesting bard suFvey Sh-all -he PA- Me% than 14 days pFieF te initiatien e Ceunty. The nesting biFd suFvey shall be ce-nd-urae-d- en feet in -side the IaFejeet beundaFy, ineluding a -30-0- feet buffeFfeF passeFines (sengbiFds) and a 500 feet buffe.rfe-F rapteFs in aFeas A -f. suitahle habitat. Inpir-r-prrihip Arizp,; wall he surveyed using bineculars te the extent practical. if nests ar- f-und, an buffer (dependent upen species, the prepesed werk activity, the existing disturbances asseciatedd y.fithl. land eutsidde ef. the site) shall be determined and- deelmarcatedd bythe bielegi-st ith bright orange censtructien fencing, flagging, ce-n-structi— !@the, er ether nqeans te mark the w An have fledged. &ACCPA-ar-,hment Onto the buffe.r shall enly at the disr-retien A -f the qualified bielegist. 13I0-2 Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Vallev Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated ImplementinE Agreement and shall ensure the collection of Davment of the CVMSHCP Local Development Mitigation Fee.T"^ "nn'".ant s""" pay the CVMSHGP Weal n.,yeleY,., ent Mitigation Fee CUL -1 A qualified archaeologist monitor shall be present during any ground disturbing activities during the project construction phase. In the case that archaeological materials are encountered during ground disturbing activities, work in the area shall cease and any deposits shall be treated according to Federal, State, and local guidelines. No further grading is permitted in the area of the discovery until the City approves the appropriate measure to protect the discovered resources. CUL -2 In the event that human remains are uncovered during ground disturbing activities on the Project site, no further disturbance shall occur, and all work shall cease until the County Coroner has made a DeseFt gel -a Quinta Village SPA No. 3 IS/MND MaFGh-August 2023 216 2 PROJECT DESCRIPTION determination of the origin and disposition of the remains. Ground disturbing activities and excavations shall not resume until the following has been addressed: 1. The County Coroner has been contacted and determined that no investigation to the cause of death is required, and 2. If the County Coroner determines that the remains are of Native American decent, the Coroner must notify Native American Heritage Commission (NAHC), which will then determine the Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. GEO-1 Prior to the start of the proposed Project activities, all field personnel will receive a worker's environmental awareness training on paleontological resources. The training will provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the paleontological monitor, outlines steps to follow in the event that a fossil discovery is made and provides contact information for the Project Paleontologist. The training will be developed by the Project Paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. GEO-2 Prior to the commencement of ground -disturbing activities, a professional paleontologist will be retained to prepare and implement a PRMMP for the proposed Project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high paleontological resource potential. Part- time monitoring, or spot checking, may be required during shallow ground -disturbances (< 10 feet below ground surface) to confirm that sensitive geologic units are not being impacted. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. GEO-3 In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following: 1. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the Project Paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the Project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project -related excavations. Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and La Quinta Village SPA No. 3 IS/MND 7 MaFeh August 2023 217 2 PROJECT DESCRIPTION stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. GEO-4 Upon completion of ground disturbing activity (and curation of fossils if necessary) the Project Paleontologist should prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. TCR -1 Prior to any ground disturbing activities on the Project site, an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present to monitor the site. Should buried cultural deposits be encountered, the Monitor may request destructive construction halt and the Monitor shall notify a qualified Archaeologist 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. La Quinta Village SPA No. 3 IS/MND 8 MaFeh August 2023 218 2 PROJECT DESCRIPTION Exhibit 1 Regional Map r DeseFt-Sagetq Quinta Village SPA No. 3 IS/MND 9 MaFeh August 2023 219 �. l, �!J�;� �. _ ;�'= lob off:—• "��,.*�+.• f uj �it Ji.l.':� i •i �� C 1�'FiuY li 733law - ase i u�o�'si . .iRi7F . r b . a f �, _ McYt 4 ti iii -j ZON y rk # r•r n4��rY,•.ur�in u7 ��/ ; i .'Y � m W O� i rr■r-0 +erg q!;;I.'� r r 5 ��F` '�� ■�L Y.M1 r .I+� a Qi'}� �„1 ,� P A pr _ � �'4y� � +.wr, w�s � er► e j ��Fi� 1 _ .. .± _�?Y�� .L _C µ ale 1 j•i t.�l,P q Awlt +' irtr- Ci _ y �4� '♦ r •a .Y aff 7 7y! 4 t _ Y�,�� fa °.R�L � ��6� � �x.r Fti ■ri��E�: a i } c_'S�-.. •_'a •, �. CCCC��� ac u:•�e+Y-�DrV4_� i ��Y �J}J' I 35 sauepy m.• a t 155' �'f��e• 8ry- -. ❑_ . - ,r ,� `�,,.� ■�w■.�. :,..ri COY �' i '�` 3ti�'�'fPr +•�wyiN.d� :•�'- a L - '� ■ I. .r.yfY Y''+'iy.�: y. � d 7 w`{`i�•"4rs �•� iY: f �� `'.�"-�Plf +`� S Y 111 �.� Kd. . �tr} f.��i4� '` � .� ► "R �.�w �i < < I. -�.. aLp-,siob ail 01f'--- x'[^Trrf a4ff��,„r�y- 5ai "� ' '�9�'� .""` , • �F'i- q • w '� F=.L�i ��JJ •'f � -'+mow"r��"'...�. , �s�..l �. _ - uC, r �',.5.�•; � `C;er ! - ■, ,,�. -mow.. at�`.'.� !tin R Jr R uAl _ 6.Wf Z3 jj3,Jamau1]asl� •,Rd r n ted"# �e 4.�.Y _ � •r 'may % - .''re. „ .. �-'_ ..:0'', G �L oir FOR .. Exhibit 3 Site Plan 3 ENVIRONMENTAL EVALUATION a �a SSiz Y3. � f ;nraaaa ffi UM ww� C��CSi �i '._�aaiaaa E a0 h a v�� v'a C 03' Q J DeseFt geLa Quinta Village SPA No. 3 IS/MND 11 August 2023 221 3 ENVIRONMENTAL EVALUATION Exhibit 4 Renderings Above: View of entre Gecess ^^ ^venu^ 5^. Washington Street entrance. Above: View on Avenue 50 looking towards Washington Street intersection with mountain range in background. DeseFt geLa Quinta Village SPA No. 3 IS/MND 12 August 2023 222 3 ENVIRONMENTAL EVALUATION Exhibit S Avenue 50 Noise Contour Map m .o z C 4 g N N a � o N Q � O J C 0 c� o tin q.uO a o �c LD Ln Ln �nknnn J V 11 6 m Ir, o Ln J O + n 11} w L9 n 'o Z C n N IA a a w J � 73•• .! n�.'�Hr•:rn• OCL DeseFt rgeLa Quinta Village SPA No. 3 IS/MND 13 MaFGkrAugust 2023 223 cf] 4 g N N a � o N a J DeseFt rgeLa Quinta Village SPA No. 3 IS/MND 13 MaFGkrAugust 2023 223 3 ENVIRONMENTAL EVALUATION Exhibit 6 Washington Street Noise Contour Map .o z 0 J C 0 on Ln m � oA -0m r, m 1 o f v . 1 h 0 co of o Ln w Fa m J o Ln a x M 91 A J � HeLa Quinta Village SPA No. 3 IS/MND 14 NAa h August 2023 224 3 ENVIRONMENTAL EVALUATION Chapter 3 Environmental Evaluation ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards and Hazardous ❑ Hydrology/Water Quality Materials ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Tribal Cultural Resources ❑ Utilities and Service Systems ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as describe on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date La Quinta Village SPA No. 3 IS/MND 15 MaFeh August 2023 225 3 ENVIRONMENTAL EVALUATION 3.1 Aesthetics 3.1.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.laguintaca.gov/home/showpublisheddocument/15858/635338594527270000 • California Department of Transportation, California State Scenic Highway System Map, 2019 • Google Earth, 2022 3.1.2 Environmental Setting Scenic views from the Project site consists of the San Bernardino (north, northeast, and northwest), Santa Rosa (southwest), and San Jacinto (west) Mountain Ranges. The San Bernardino, Santa Rosa, and San Jacinto Mountains Ranges rise over the valley floor at elevations consisting of 8,716 feet (2,657 meters), 8,011 feet (2,442 meters), and 11,489 feet (3,502 meters), respectively. 3.1.3 Impacts Less than Significant Impact The Project site and the vicinity of the Project site do not contain a scenic vista. The nearest scenic vista consists of scenic views of the San Bernardino Mountains located 7.7 miles north of the Project site; Santa Rosa Mountains located approximately 5.0 miles southwest of the Project site; and San Jacinto Mountains located approximately 1.8 miles west of the Project site. Surrounding the Project site, views of the lower elevations of the aforementioned are partially blocked due to existing development and distance from the mountains; however, views of the middle and upper elevations of these mountains are kept visibly intact. As shown in Exhibit 3, Site Plan, the proposed maximum height for residential buildings at 40-28 feet would comply with the City's Zoning Code. The proposed buildings and site improvements would partially obscure views of the San Bernardino Mountains, Santa Rosa LaDeseFt—Sa-ge,__Quinta Village SPA No. 3 IS/MND 16 MaFeh August 2023 226 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact P Impact Incorporated AESTHETICS —Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ® ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic ❑ ❑ ❑ buildings within a state scenic highway? c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the ❑ ❑ ❑ ❑ project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which ❑ ❑ ® ❑ would adversely affect day or nighttime views in the area? Less than Significant Impact The Project site and the vicinity of the Project site do not contain a scenic vista. The nearest scenic vista consists of scenic views of the San Bernardino Mountains located 7.7 miles north of the Project site; Santa Rosa Mountains located approximately 5.0 miles southwest of the Project site; and San Jacinto Mountains located approximately 1.8 miles west of the Project site. Surrounding the Project site, views of the lower elevations of the aforementioned are partially blocked due to existing development and distance from the mountains; however, views of the middle and upper elevations of these mountains are kept visibly intact. As shown in Exhibit 3, Site Plan, the proposed maximum height for residential buildings at 40-28 feet would comply with the City's Zoning Code. The proposed buildings and site improvements would partially obscure views of the San Bernardino Mountains, Santa Rosa LaDeseFt—Sa-ge,__Quinta Village SPA No. 3 IS/MND 16 MaFeh August 2023 226 3 ENVIRONMENTAL EVALUATION Mountains, and San Jacinto Mountains - although not substantially more than under existing conditions - and views of these Mountains would continue to be available above the proposed buildings. Therefore, the proposed Project would not have a substantial adverse effect on scenic vistas and impacts would be less than significant. b. No Impact According to the California Scenic Highway Program, the nearest scenic highway is SR -74, which is located approximately 6.2 miles west of the Project site and is classified as an Officially Designated Scenic Highway. Due to the distance between the Project site and SR -74, the Project site is not visible to vehicles driving along SR -74. In addition, there are no historic buildings nor any unique geologic or topographic features such as rock outcrops, bodies of water, ridges or canyons found on or within the Project site. Therefore, due to topography and intervening development, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. No impact would occur. C. Less than Significant Impact The Project site is located in an urbanized area; therefore, the applicable threshold is whether the proiect would conflict with applicable zoning and other regulations governing scenic quality. Under existing conditions, the entire Project site is undeveloped vacant land with sparse desert flora. The surrounding land to the north and west are residential homes, vacant planned residential homes to the south, and a dry channel to the east. Implementation of the Project would result in the visual conversion of the site from vacant, undeveloped land to 2-84252 apartment homes. The Project would be compatible with the size, scale, and aesthetic features of other existing homes located to the north, west, and future homes to the south of the Project site. Furthermore, the Project would be required to comply with the applicable development standards and design guidelines in the DeseFtSageLa Quinta Village Specific Plan and the City of La Quinta Municipal Code (LQMC), which regulates the visual quality of new development and ensures that new development does not detract from any scenic attributes/qualities in the surrounding area. The existing zoning of RMH provides for homes up to 28'. LQMC Section 9.50.020, Height Limits and Setbacks Near Image Corridors, requires a maximum height of 22 feet within the first 150 feet from Avenue 50 and Washington Street. An increase above 22' is permitted subject to a minor use permit per LQMC as described in Footnote 2 of Table 9-2 Residential Development Standards ("Any proposed building height over 22 feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone.") The Specific Plan will provide modified standards that will allow a maximum height of 49-28 feet within the first 150 feet from Avenue 50 and Washington Street. As noted above, the 28' is consistent with the maximum permitted building height for homes in the RMH zone. Thus, the Specific Plan which would replace the Minor Use Permit, would be consistent with the provisions of the LQMC. Further, as shown in Exhibit 4, the buildings along the perimeter of the project adjacent to Washing Street and Avenue 50h will not impact the view The deFiRgS (EXhibit 4) that the views will not be impacted. Because the O the mountains. The is r eiiaci ii i , C]CI IIfJIC � 6i ivvd a that Project is in an urbanized area and would not conflict with applicable zoning standards and other regulations governing scenic quality, a less than significant impact would occur from implementation of the Project. d. Less than Significant Impact Under existing conditions, the Project site contains no sources of artificial lighting. The Project would introduce new sources of lighting, including streetlights and security lighting. Subject to City review and approval, all Project lighting would be required to conform to regulations, guidelines, and standards established under LQMC Section 9.150.080, Parking Facility Design Standards, and LQMC Section 9.100.150, Outdoor Lighting, which ensures adequate lighting for public safety while also minimizing light pollution, glare, and public nuisances. Mandatory compliance with the City's Zoning DeseFt-Sa-ge,La__Quinta Village SPA No. 3 IS/MND 17 MaFeh August 2023 227 3 ENVIRONMENTAL EVALUATION Code would ensure that the Project would not introduce any permanent design features that would adversely affect day or nighttime views in the area. Impacts would be less than significant. 3.1.4 Mitigation No mitigation required. 3.1.5 Level of Significance after Mitigation Not applicable. 3.2 Agriculture and Forestry Resources 3.2.1 Sources • Riverside Map My County, 2022. https.Ilgisl.countyofriverside.us/Html5Viewer/?viewer=MMC Public. 3.2.2 Environmental Setting The Project site is presently vacant, and the ground surface is covered with scattered desert brush, weeds, and minor debris. The Project site has an existing ground surface elevation range from about 40 to 59 feet above mean sea level (AMSC). The Farmland Mapping and Monitoring Program (FMMP) designates the Project site as Urban and Built -Up Land. 3.2.3 Impacts La Quinta Village SPA No. 3 IS/MND 18 MaFeh August 2023 228 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated AGRICULTURAL AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and ❑ ❑ ❑ Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act Contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section ❑ ❑ ❑ 12220(8)), timberland (as defined by Public Resources Code section 4526) or timberland zoned Timberland La Quinta Village SPA No. 3 IS/MND 18 MaFeh August 2023 228 3 ENVIRONMENTAL EVALUATION a -e. No Impact According to mapping information available from the California Department of Conservation's (CDC) Farmland Mapping and Monitoring Program (FMMP), the Project site is classified as Urban and Built -Up Land. Accordingly, the Project site does not contain any lands mapped by the FMMP as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland); therefore, the Project would not convert such Farmland to non-agricultural use. Furthermore, the Project site is not located within a Williamson Act contract. Lastly, the Project site is zoned for Medium/High Density Residential under existing conditions; therefore, the Project would not conflict with zoning for agricultural use or result in the loss of forest land or convert forest land or timberland to non -forest land. Therefore, no impacts would occur. 3.2.4 Mitigation No mitigation is required. 3.2.5 Level of Significance after Mitigation Not applicable. 3.3 Air Quality 3.3.1 Sources • MD Acoustics, Troutdale Village Air Quality, Greenhouse Gas, and Energy Study, December 30, 2021 (Appendix A) 3.3.2 Environmental Setting The Project site is within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is one of the 35 air quality regulatory agencies in the State of California and all development within the SSAB is subject to SCAQMD's 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The SCAQMD is divided into 38 air -monitoring areas with a designated ambient air monitoring station representative of each area. The Project site is located in the City of La Quinta within the County of Riverside in the Coachella Valley (Area 30). The nearest air monitoring station to the Project site is the Palm La Quinta Village SPA No. 3 IS/MND 19 MaFeh August 2023 229 Less than Potentially Significant with Less than No Significant Significant Mitigation Impact Impact Incorporated Impact Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest ❑ ❑ ❑ land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? a -e. No Impact According to mapping information available from the California Department of Conservation's (CDC) Farmland Mapping and Monitoring Program (FMMP), the Project site is classified as Urban and Built -Up Land. Accordingly, the Project site does not contain any lands mapped by the FMMP as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland); therefore, the Project would not convert such Farmland to non-agricultural use. Furthermore, the Project site is not located within a Williamson Act contract. Lastly, the Project site is zoned for Medium/High Density Residential under existing conditions; therefore, the Project would not conflict with zoning for agricultural use or result in the loss of forest land or convert forest land or timberland to non -forest land. Therefore, no impacts would occur. 3.2.4 Mitigation No mitigation is required. 3.2.5 Level of Significance after Mitigation Not applicable. 3.3 Air Quality 3.3.1 Sources • MD Acoustics, Troutdale Village Air Quality, Greenhouse Gas, and Energy Study, December 30, 2021 (Appendix A) 3.3.2 Environmental Setting The Project site is within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is one of the 35 air quality regulatory agencies in the State of California and all development within the SSAB is subject to SCAQMD's 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The SCAQMD is divided into 38 air -monitoring areas with a designated ambient air monitoring station representative of each area. The Project site is located in the City of La Quinta within the County of Riverside in the Coachella Valley (Area 30). The nearest air monitoring station to the Project site is the Palm La Quinta Village SPA No. 3 IS/MND 19 MaFeh August 2023 229 3 ENVIRONMENTAL EVALUATION Springs — Fire Station (Palm Springs Station) approximately 18 miles northwest of the site. However, this location does not provide all ambient weather data. Therefore, additional data was pulled from the SCAQMD historical data for the Coachella Valley Area (Area 30) for both sulfur dioxide and carbon monoxide to provide the existing levels The SSAB exceeds state and federal standards for fugitive dust (PM10) and ozone (03) and is in attainment/unclassified for PM2.5. Ambient air quality in the SSAB, including the Project site, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or Vinyl Chloride. 3.3.3 Impacts Less than Significant Impact The SCAQMD has established the AQMP to achieve State and Federal air quality standards. On June 30, 2016, the SCAQMD released its Draft 2016 AQMP. The Plan was approved by the California Environmental Protection Agency (CA EPA) on June 15, 2017. Therefore, the applicable air quality plan for the Project is the SCAQMD 2016 AQMP. The SCAQMD CEQA Handbook states that "New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The pollutant reducing mechanisms in the AQMP are based, in part, on urban growth projections estimated by the Southern California Associations of Government (SCAG). The SCAQMD CEQA Handbook identifies two key indicators of consistency: 1. Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase. La Quinta Village SPA No. 3 IS/MND 20 MaFeh August 2023 230 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is ❑ ❑ ® ❑ non -attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant ❑ ❑ ® ❑ concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact The SCAQMD has established the AQMP to achieve State and Federal air quality standards. On June 30, 2016, the SCAQMD released its Draft 2016 AQMP. The Plan was approved by the California Environmental Protection Agency (CA EPA) on June 15, 2017. Therefore, the applicable air quality plan for the Project is the SCAQMD 2016 AQMP. The SCAQMD CEQA Handbook states that "New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The pollutant reducing mechanisms in the AQMP are based, in part, on urban growth projections estimated by the Southern California Associations of Government (SCAG). The SCAQMD CEQA Handbook identifies two key indicators of consistency: 1. Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase. La Quinta Village SPA No. 3 IS/MND 20 MaFeh August 2023 230 3 ENVIRONMENTAL EVALUATION Below, Criterion 1 and Criterion 2 are discussed. Criterion 1 - Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis contained in Appendix A, short-term regional construction air emissions would not result in significant impacts based on SCAQMD regional and local thresholds of significance. In addition, long-term operational impacts would not result in significant impacts based on the SCAQMD local and regional thresholds of significance shown in Tables 10 and 11 of Appendix A. Based on the information provided above, the proposed Project would be consistent with the first criterion. Criterion 2 - Exceed Assumptions in the AQMP? Consistency with the AQMP assumptions is determined by performing an analysis of the proposed Project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed Project are based on the same forecasts as the AQMP. The AQMP is developed through use of the planning forecasts provided in the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Federal Transportation Improvement Program (FTIP). The RTP/SCS is a major planning document for the regional transportation and land use network within Southern California. The RTP/SCS is a long-range plan that is required by federal and state requirements placed on SCAG and is updated every four years. The FTIP provides long-range planning for future transportation improvement projects that are constructed with state and/or federal funds within Southern California. Local governments are required to use these plans as the basis of their plans for the purpose of consistency with applicable regional plans under CEQA. For this Project, the City of La Quinta General Plan's Land Use Plan defines the long-range land use assumptions that are represented in AQMP. The Project has a current land use classification of Medium High Density Residential according to the City of La Quinta Official Zoning Map. The proposed Project is to develop the site with a 2 -94252 -unit apartment complex on 14.03 acres for a density of apprexirnatel 20,2 8 dwelling units per acre. As the Medium High Density Residential Land Use allows for eight to twelve dwelling units per acre, the Project proposes a zene change to Hirth Density Resident4 a Density Bonus allowing for up to 1-&-18 dwelling units per acre. The additional units past the 1-6-12 dwelling units per acre are part of the Project's density bonus for providing affordable units. The Project would be seeking an amendment to the City's General Plan to account for the difference. With approval of the General Plan Amendment, the proposed Project would not result in an inconsistency with the land use designation in the City's General Plan. Therefore, the proposed Project is not anticipated to exceed the AQMP assumptions for the Project site and is found to be consistent with the AQMP for the second criterion. Based on the above, the proposed Project would not result in an inconsistency with the SCAQMD AQMP. Therefore, a less -than -significant impact would occur in relation to implementation of the AQMP. b. Less than Significant Impact The proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non -attainment under an applicable Federal or State ambient air quality standard. Construction Emissions The Project was analyzed to be operational in 2023; therefore, construction is estimated to start no sooner than the first quarter of 2022 and be completed by 2023. The phases of the construction activities which have been analyzed below are: 1) site preparation, 2) grading, 3) building, 4) paving, and 5) La Quinta Village SPA No. 3 IS/MND 21 MaFeh August 2023 231 3 ENVIRONMENTAL EVALUATION architectural coating. For details on construction modeling and construction equipment for each phase, refer to Appendix A. Construction -Related Regional Impacts The latest version of the CalEEMod model was used to estimate the on-site and off-site construction emissions. The worst-case summer or winter daily construction -related criteria pollutant emissions from the proposed Project for each phase of construction activities are shown below in Table 2. Since it is possible that building construction, paving, and architectural coating activities may occur concurrently towards the end of the building construction phase, Table 2 also shows the combined regional criteria pollutant emissions from building construction, paving, and architectural coating phases of construction. Table 2 Construction -Related Regional Criteria Pollutant Emissions' Activity Pollutant Emissions (pounds/day) VOC NOx CO SO2 PM10 PM2.5 Site Preparation On -Site' 3.17 33.08 19.70 0.04 9.28 5.42 Off-Site3 0.06 0.04 0.56 0.00 0.15 0.04 Total 3.23 33.12 20.26 0.04 9.43 5.46 Grading On -Site' 3.62 38.84 29.04 0.06 5.22 2.93 Off-Site3 0.07 0.04 0.62 0.00 0.17 0.05 Total 3.69 38.89 29.66 0.06 5.39 2.97 Building Construction On -Site' 1.71 15.62 16.36 0.03 0.81 0.76 Off-Site3 1.55 5.06 14.23 0.05 4.06 1.14 Total 3.26 20.68 30.60 0.07 4.87 1.90 Paving On -Site' 1.51 10.19 14.58 0.02 0.51 0.47 Off-Site3 0.05 0.03 0.43 0.00 0.13 0.03 Total 1.56 10.22 15.01 0.02 0.64 0.50 Architectural Coating On -Site' 63.31 1.30 1.81 0.00 0.07 0.07 Off-Site3 0.26 0.15 2.34 0.01 0.69 0.19 Total 63.56 1.46 4.16 0.01 0.76 0.26 Total of Overlapping Phases4 10.16 28.22 35.85 0.06 2.36 1.57 SCAQMD Thresholds 75 100 550 150 150 55 Exceeds Thresholds No No No No No No Notes: 'Source: CalEEMod Version 2020.4.0 On-site emissions from equipment operated on-site that is not operated on public roads. a Off-site emissions from equipment operated on public roads. 4 Construction, architectural coatings, and paving phases may overlap. DeseFt-SageLa__Quinta Village SPA No. 3 IS/MND 22 MaFeh August 2023 232 3 ENVIRONMENTAL EVALUATION 5 The impacts from Construction related Emissions are fully mitigated. Table 2, c*94 R^f ^^* F vis in, Construction -Related Regional Criteria Pollutant Emissions shows that none of the analyzed criteria pollutants would exceed the regional emissions thresholds during either site preparation, grading, building construction, architectural coating, or the combined building construction, paving, and architectural coatings phases. Therefore, a less than significant regional air quality impact would occur from construction of the proposed Project. Operational Emissions The on-going operation of the proposed Project would result in a long-term increase in air quality emissions. This increase would be due to emissions from the Project -generated vehicle trips and onsite area source emissions from the on-going use of the proposed Project. Operations -Related Regional Criteria Pollutant Analysis The operations -related regional criteria air quality impacts created by the proposed Project have been analyzed through use of the latest CalEEMod model and the input parameters utilized in this analysis have been detailed in Section 6.2.1 of Appendix A. The worst-case summer or winter volatile organic compounds (VOC, NOx, CO, SO2, PM10, and PM2.5) daily emissions created from the proposed Project's long-term operations have been calculated and are summarized below in Table 3. Table 3 Operational Regional Criteria Pollutant Emissions' Activity Pollutant Emissions (pounds/day)' VOC NOx CO SO2 PM10 PM2.5 Area Sources2 6.39 0.27 23.49 0.00 0.13 0.13 Energy Usage' 0.13 1.08 0.46 0.01 0.09 0.09 Mobile Sources4 4.67 5.57 37.99 0.08 7.97 2.17 Total Emissions 11.19 6.92 61.94 0.09 8.19 2.39 SCAQMD Thresholds 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Notes: ' Source: CalEEMod Version 2020.4.0 z Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. s Energy usage consists of emissions from on-site natural gas usage. ^ Mobile sources consist of emissions from vehicles and road dust. s Impacts are fully mitigated from Operational emissions. The project site is approximately 0.28 miles in length at its longest point; therefore the on-site mobile source emissions represent approximately 1/25th of the shortest CalEEMod default distance of 6.9 miles. Therefore, to be conservative, 1/10th the distance (dividing the mobile source emissions by 10) was used to represent the portion of the overall mobile source emissions that would occur on-site. DeseFt-SageLa__Quinta Village SPA No. 3 IS/MND 23 MaFeh August 2023 233 3 ENVIRONMENTAL EVALUATION The data provided in Table 3 shows that none of the analyzed criteria pollutants would exceed the regional emissions thresholds. Therefore, a less than significant regional air quality impact would occur from operation of the proposed Project. Cumulative Impacts Cumulative projects include local development as well as general growth within the Project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the Project's air quality must be generic by nature. The Project area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of cumulative projects will further degrade the local air quality, as well as the air quality of the Salton Sea Air Basin. The greatest cumulative impact on the quality of regional air cell will be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development along with the use of heavy equipment and trucks associated with the construction of these projects. Air quality will be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. The Project does not exceed any of the thresholds of significance and therefore is considered less than significant. c. Less than Significant Impact Construction -Related Local Im Construction -related air emissions may have the potential to exceed the State and Federal air quality standards in the Project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Salton Sea portion of the South Coast Air Basin. The proposed Project has been analyzed for the potential local air quality impacts created from construction -related fugitive dust, diesel emissions, toxic air contaminants, and construction -related odor impacts. The emission thresholds were calculated based on the Coachella Valley, source receptor area (SRA) 30, and a disturbance value of four acres per day (see Table 4). The nearest sensitive receptors are the existing dwelling units located adjacent to the north of the Project boundary; therefore, for conservative purposes, the SCAQMD Look -up Tables for 25 meters was used. As shown in Table 5, none of the analyzed criteria pollutants would exceed the calculated local emissions thresholds at the nearest sensitive receptors. Therefore, there would be a less -than -significant impact. Table 4 Maximum Number of Acres Disturbed Per Day Activity Equipment Number Acres/8hr-day Total Acres Rubber Tired Dozers 3 0.5 1.5 Site Preparation Tractors/Loaders/Backhoes 4 0.5 2.0 Total Per Phase 3.5 Excavators 2 0.5 1.0 Graders 1 0.5 0.5 Grading Rubber Tired Dozers 1 0.5 0.5 Scrapers 2 1 0.5 1 1.0 Wtors/Loaders/Backhoes 2 0.5 1.0 DeseFt-SageLa Quinta Village SPA No. 3 IS/MND 24 MaFeh August 2023 234 3 ENVIRONMENTAL EVALUATION Total Per Phase 4.0 Notes: '. Source: CalEEMod output and South Coast AQMD, Fact Sheet for Applying CalEEMod to Localized Significance Thresholds. http://www.agmd.gov/docs/default-source/ceqa/handbook/localized-significance-thresholds/caleemod-guidance.pdf?sfvrsn=2 Table 5 Local Construction Emissions at the Nearest Receptors Phase On -Site Poll-,UaRtPolluant Emissions (pounds/day)' NOx CO PM10 PM2.5 Site Preparation 33.08 19.70 9.28 5.42 Grading 38.84 29.04 5.22 2.93 Building Construction 15.62 16.36 0.81 0.76 Paving 10.19 14.58 0.51 0.47 Architectural Coating 1.30 1.81 0.07 0.07 Total of Overlapping Phases 27.11 32.76 1.39 1.30 SCAQMD Threshold for 25 meters (82 feet) or leSS2 266 1 1,961 1 11.7 6.3 Notes: 'Source: Calculated from CalEEMod and SCAQMD's Mass Rate Look -up Tables for four acres in Coachella Valley Source Receptor Area (SRA 30). Project will disturb a maximum of 4.0 acres per day (see Table 7). 'The nearest sensitive receptor is located adjacent to the north; therefore, the 25 -meter threshold has been used. Operations -Related Local Impacts Project -related air emissions may have the potential to exceed the State and Federal air quality standards in the Project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the SSAB. The Project has been analyzed for the potential local CO emissions impacts from Project -generated vehicular trips and from the potential local air quality impacts from on-site operations. The following analyzes the vehicular CO emissions and local impacts from on-site operations. Local CO Hotspot Impacts from Project -Generated Vehicular Trips CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. Local air quality impacts can be assessed by comparing the future without and with project CO levels to the state and federal CO standards of 20 parts per million (PPM) over one hour or 9 ppm over eight hours. La Quinta Village SPA No. 3 IS/MND 25 MaFeh August 2023 235 3 ENVIRONMENTAL EVALUATION According to the Project's traffic report prepared by IEG (Appendix E), the Project would generate 1,684 average daily trips. The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. The volume of traffic at Project buildout would be well below 100,000 vehicles and below the necessary volume to even get close to causing a violation of the CO standard. Therefore, no CO "hot spot" modeling was performed and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed Project. Local Air Quality Impacts from Onsite Operations Table 6, Local Operational Emissions at the Nearest Receptors, shows the calculated emissions for the proposed operational activities compared with the appropriate Localized Significance Thresholds (LSTs). The LST analysis only includes on-site sources; however, the CalEEMod software outputs do not separate on-site and off-site emissions for mobile sources. For a worst -care scenario assessment, the emissions shown in Table 6 include all on-site Project -related stationary sources and 10% of the Project -related new mobile sources. This percentage is an estimate of the amount of Project -related new vehicle traffic that would occur on-site. Table 6 Local Operational Emissions at the Nearest Receptors On -Site Emission Source On -Site °^'RPolluant Emissions (pounds/day)' NOx CO PM10 PM2.5 Area SourceS2 0.27 23.49 0.13 0.13 Energy Usage 1.08 0.46 0.09 0.09 On -Site Vehicle Emission S4 0.56 3.80 0.80 0.22 Total Emissions 1.91 27.75 1.01 0.43 SCAQMD Threshold for 25 meters (82 feet)' 266 1,961 3.3 1.7 Exceeds Threshold? No No No No Notes: 'Source: Calculated from CalEEMod and SCAQMD's Mass Rate Look -up Tables for four acres in Coachella Valley Source Receptor Area (SRA 30). 2Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment 'Energy usage consists of emissions from generation of electricity and on-site natural gas usage 'On-site vehicular emissions based on 1/10 of the gross vehicular emissions and road dust 'The nearest sensitive receptor is located adjacent to the north; therefore, the 25 meter threshold has been used The data provided in Table 6 shows that the on-going operations of the proposed Project would not exceed the local NOx, CO, PM10, and PM2.5 thresholds of significance. Therefore, the on-going operations of the proposed Project would create a less -than -significant operations -related impact to local air quality due to on-site emissions. In conclusion, the Project would not expose sensitive receptors to substantial pollutant concentrations and impacts would be less than significant. d. Less than Significant Impact Potential sources that may emit odors during construction activities include the application of materials such as asphalt pavement. The objectionable odors that may be produced during the construction process are of short-term in nature and the odor emissions are expected to cease upon the drying or hardening of the odor producing materials. Diesel exhaust and VOCs would be emitted La Quinta Village SPA No. 3 IS/MND 26 MaFeh August 2023 236 3 ENVIRONMENTAL EVALUATION during construction of the Project, which are objectionable to some; however, emissions would disperse rapidly from the project site and therefore should not reach an objectionable level at the nearest sensitive receptors. Due to the short-term nature and limited amounts of odor producing materials being utilized, no significant impact related to odors would occur during construction of the proposed Project. The SCAQMD recommends that odor impacts be addressed in a qualitative manner. An analysis shall determine whether the Project would result in excessive nuisance odors, as defined under the California Code of Regulations and Section 41700 of the California Health and Safety Code, and thus would constitute a public nuisance related to air quality. Potential sources that may emit odors during the on-going operations of the proposed Project would include odor emissions from vehicle emissions. Due to the distance of the nearest receptors from the Project site and through compliance with SCAQMD's Rule 402, no significant impact related to odors would occur during the on-going operations of the proposed Project. 3.3.4 Mitigation No mitigation is required. 3.3.5 Level of Significance after Mitigation Not applicable. 3.4 Biological Resources 3.4.1 Sources • ELMT Consulting, Biological Resources Report for the Troutdale Village Project Located in the City of La Quinta, Riverside County, California, December 5, 2021 (Appendix B) 3.4.2 Environmental Setting The City offers unique natural habitats to a range of plants and wildlife due to its climate and natural topography. The City recognizes the value of the wildlands and wildlife and has carefully planned to protect, preserve, and enhance the region's valuable biological resources. The City is located within the Coachella Valley Multiple Species Conservation Plan (CVMSHP). This is a regional plan that is implemented throughout the Coachella Valley in an effort to comply with Federal and State endangered species laws. A literature review and records search for the site was conducted by ELMT Consulting. The literature search identified 16 special -status plant species, 23 special -status wildlife species, and one special -status plant community as having potential to occur within the City of La Quinta quadrangle. ELMT also conducted a field survey of the site on November 3, 2021. The Project site is located at an approximate elevation of 42 to 59 feet above mean sea level (AMSC) and slopes generally from northeast to southwest. The Project site supports one plant community, alkali scrub, and one land cover type that would be classified as disturbed. DeseFt-Sa-geLa__Quinta Village SPA No. 3 IS/MND 27 MaFeh August 2023 237 3 ENVIRONMENTAL EVALUATION No special -status plants were observed on the Project site during the field investigation. No fish, amphibians, or hydrogeomorphic features that would provide suitable habitat for fish or amphibians were observed on or within the vicinity of the Project site. The Project site provides suitable foraging and cover habitat for reptilian species adapted to routine human disturbance and desert environments. The only reptilian species observed during the field investigation were Great Basin whiptail (Aspidoscelis tigris tigris) and western side -blotched lizard (Uta stansburiana elegans). The Project site provides suitable foraging and nesting habitat for avian species adapted to routine human disturbance and desert environments. Bird species detected during the field investigation include mourning dove (Zenaida macroura), common raven (Corvus corax), great -tailed grackle (Quiscalus mexicanus), white -crowned sparrow (Zonotrichia leucophrys), northern mockingbird (Mimus polyglottos), American kestrel (Falco sparverius), and rock pigeon (Columba liva), and verdin (Auriparus flaviceps). The Project site provides suitable foraging and denning habitat for mammalian species adapted to routine human disturbance and desert environments. However, most mammal species are nocturnal and are difficult to observe during a diurnal field visit. Mammals detected and/or signs observed during the field investigation include desert cottontail (Sylvilagus audubonii), and coyote (Canis latrans). No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted outside of the breeding season. Although subjected to routine disturbance, the ornamental vegetation found on-site has the potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. No raptors are expected to nest on-site due to lack of suitable nesting opportunities. Lastly, the Project site is not located within a federally designated Critical Habitat. 3.4.3 Impacts La Quinta Village SPA No. 3 IS/MND 28 MaFeh August 2023 238 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated BIOLOGICAL RESOURCES —Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status ❑ ® ❑ ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, ❑ ❑ ❑ regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, ❑ ❑ ❑ vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ❑ ® ❑ ❑ corridors, or impede the use of native wildlife nursery sites? La Quinta Village SPA No. 3 IS/MND 28 MaFeh August 2023 238 3 ENVIRONMENTAL EVALUATION Less than Significant with Mitigation Incorporated According to the City's General Plan, the Project site is located within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which aims to conserve over 240,000 acres of open space and protect 27 plant and animal species. cial-Status Veeetation Communities & Critical Habitat Analvsis According to the field survey conducted by ELMT Consulting on November 3, 2021, the Project site supports one plant community: alkali scrub, which is dominated by hoary saltbush (Atriplex canescens) and is indicative of native bush scrub communities that have been devegetated and allowed to revegetate naturally. Common plant species observed in this plant community include cattle spinach (Atriplex polycarpa), barbwire Russian thistle (Salsola paulsenii), burrobrush (Ambrosia salsola), Mediterranean grass (Schismus barbatus), puncturevine (Tribulus terrestris), narrow leaved cryptantha (Cryptantha angustifolia), fanleaf crinklemat (Tiquilia plicata), blue palo verde (Parkinsonia florida), creosote (Larrea tridentate), and honey mesquite (Prosopis glandulosa). The Project site supports disturbed areas throughout the Project associated with formerly graded areas, unofficial walkways, and recreational vehicle trails, within utility easements along the western and southern boundaries. These areas can be unvegetated or vegetated with a limited variety of hardy native and non-native plant species such as Mediterranean grass, barbwire Russian thistle, and puncture vine. In addition, the northern boundary of the Project site supports disturbed land where ornamental vegetation has invaded the site from adjacent residential developments. Based on observations made during the field survey, the Project would not impact any special -status vegetation community. According to literature review, one special -status plant community was identified as having potential to occur within the La Quinta quadrangle: Desert Fan Palm Oasis Woodland. However, based on the results of the field survey above, this and no other special -status plant community was observed on-site; therefore, no special -status plant community would be impacted by Project implementation. The Project site is also not located within a federally designated Critical Habitat. The nearest designated Critical Habitat to the site is located approximately 1.55 miles to the west for Peninsular bighorn sheep (Ovis canadensis nelsoni). Therefore, the Project would not cause loss or adverse modification of a Critical Habitat and impacts would be less than significant. Special -Status Plant Species Analysis According to literature review, 16 special -status plant species were identified as having potential to occur within the La Quinta quadrangle. Species determined to have a potential to occur within the general vicinity of the site are presented in Table D-1 of Appendix B. No special -status plants were observed on the Project site during the field survey conducted on November 3, 2021. Based on habitat requirements for specific species, the availability and quality of on-site habitats, and the isolation of the site and La Quinta Village SPA No. 3 IS/MND 29 MaFeh August 2023 239 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ® ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant with Mitigation Incorporated According to the City's General Plan, the Project site is located within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which aims to conserve over 240,000 acres of open space and protect 27 plant and animal species. cial-Status Veeetation Communities & Critical Habitat Analvsis According to the field survey conducted by ELMT Consulting on November 3, 2021, the Project site supports one plant community: alkali scrub, which is dominated by hoary saltbush (Atriplex canescens) and is indicative of native bush scrub communities that have been devegetated and allowed to revegetate naturally. Common plant species observed in this plant community include cattle spinach (Atriplex polycarpa), barbwire Russian thistle (Salsola paulsenii), burrobrush (Ambrosia salsola), Mediterranean grass (Schismus barbatus), puncturevine (Tribulus terrestris), narrow leaved cryptantha (Cryptantha angustifolia), fanleaf crinklemat (Tiquilia plicata), blue palo verde (Parkinsonia florida), creosote (Larrea tridentate), and honey mesquite (Prosopis glandulosa). The Project site supports disturbed areas throughout the Project associated with formerly graded areas, unofficial walkways, and recreational vehicle trails, within utility easements along the western and southern boundaries. These areas can be unvegetated or vegetated with a limited variety of hardy native and non-native plant species such as Mediterranean grass, barbwire Russian thistle, and puncture vine. In addition, the northern boundary of the Project site supports disturbed land where ornamental vegetation has invaded the site from adjacent residential developments. Based on observations made during the field survey, the Project would not impact any special -status vegetation community. According to literature review, one special -status plant community was identified as having potential to occur within the La Quinta quadrangle: Desert Fan Palm Oasis Woodland. However, based on the results of the field survey above, this and no other special -status plant community was observed on-site; therefore, no special -status plant community would be impacted by Project implementation. The Project site is also not located within a federally designated Critical Habitat. The nearest designated Critical Habitat to the site is located approximately 1.55 miles to the west for Peninsular bighorn sheep (Ovis canadensis nelsoni). Therefore, the Project would not cause loss or adverse modification of a Critical Habitat and impacts would be less than significant. Special -Status Plant Species Analysis According to literature review, 16 special -status plant species were identified as having potential to occur within the La Quinta quadrangle. Species determined to have a potential to occur within the general vicinity of the site are presented in Table D-1 of Appendix B. No special -status plants were observed on the Project site during the field survey conducted on November 3, 2021. Based on habitat requirements for specific species, the availability and quality of on-site habitats, and the isolation of the site and La Quinta Village SPA No. 3 IS/MND 29 MaFeh August 2023 239 3 ENVIRONMENTAL EVALUATION adjacent open space from nearby habitats, it was determined that the Project site does not have potential to support any of the special -status plant species known to occur in the vicinity of the site and all are presumed to be absent. In addition, the Project site is located outside of the known elevation ranges for the majority of the special -status plant species known to occur in the area. Therefore, Project impacts to special -status plant species would be less than significant. Special -Status Wildlife Species Analysis According to literature review, 23 special -status wildlife species were identified as having potential to occurwithin the La Quinta quadrangle. Species determined to have a potential to occurwithin the general vicinity of the site are presented in Table D-1 of Appendix B. No special -status wildlife species were observed on-site during the field investigation. Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the Project site has a moderate potential to support prairie falcon (Falco mexicanus) and black -tailed gnatcatcher (Polioptila melaneura). It was further determined that all other special -status wildlife species known to occur in the vicinity of the site do not have potential to occur and are presumed to be absent. None of the special -status wildlife species are state or federally listed as threatened or endangered. In order to ensure impacts to these avian species do not occur from implementation of the Project, a pre - construction nesting bird clearance survey shall be conducted prior to ground disturbance as described in Mitigation Measure (MM) BIO -1, below. With implementation of MM 13I0-1, impacts to special -status avian species would be less than significant. The Project site provides suitable foraging and cover habitat for species adapted to routine human disturbance and desert environments that are not special -status species. In conclusion, impacts to reptiles, birds, or mammals would be less than significant. No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted outside of the breeding season. Although subjected to routine disturbance, the ornamental vegetation found on-site has the potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. However, with implementation of MM 13I0-1, impacts to migrating songbirds would be less than significant. No raptors are expected to nest on-site due to lack of suitable nesting opportunities. b/c. No Impact No jurisdictional drainage and/or wetland features were observed on the Project site during the field survey. It should be noted that a flood control channel occurs outside of the proposed limits of disturbances, east of the Project site; however, Project activities are not expected to encroach into this channel. Furthermore, no blueline streams have been recorded on the Project site and there is no evidence that the Project contained any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities that would be protected by the California Department of Fish and Wildlife (CDFW) or by the U.S. Army Corps of Engineers (USACE). Therefore, no impact would occur. d. Less than Significant with Mitigation Incorporated The Project site has not been identified as occurring in a wildlife corridor or linkage. The site has limited adjacent open space and available open space is entirely surrounded by existing development, limiting its connectivity to surrounding habitats. In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife corridor or linkage. As such, implementation of the proposed Project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur. La Quinta Village SPA No. 3 IS/MND 30 MaFeh August 2023 240 3 ENVIRONMENTAL EVALUATION e. No Impact The City has not adopted any ordinances regarding tree preservation. As observed during the field survey, the Project site mainly consists of small and medium size shrubs. No trees are located on the Project site under existing conditions. Therefore, the Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance and no impact would occur. f. Less than Significant with Mitigation Incorporated The Project site is located within the boundaries of CVMSHCP but is not located within any conservation areas. The Project would be subject to payment of the Development Mitigation fee per Chapter 3.34, Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee, as described as MM BI0-2. The fee would mitigate potential impacts to covered species within the CVMSHCP. Although the site is located within the CVMSHCP boundary, as mentioned in Section 2.4.3 (a), the Project site is not located within a biological sensitive or any conservation areas. Because the Project is not located within a conservation area and would implement MM BI0-2, the Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 3.4.4 Mitigation 113I0-1 Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three (3) days prior to vegetation removal or ground -disturbing activities. Pre - construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre - construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and should be at least 300 feet for passerines and 500 feet for raptors and birds -of -prey. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Proiect-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). g—unave� censtruet*en activities must begin during the nesting bird season (February ist thFE)Ugh AUgUst 31St), a pre censtructien nesting bird survey shall Ghe cend--UGted ne mere than 14 days prier te initiatien e Ceunty. The nesting bird survey shall be cendfiur--ted en feet in -sidle the preject beundary, a 300 -feet buffer fer passeFines (sengbirds) and SQ0 fn -n -t -h---ffp-.r fer rapters in areas n -f suitable habitat. h, ffer (dependent upen species, the prepesed werk activity, the existing st h-11--- asseciated iuvith land uses A -u -t -side ef. the site) shall be determined and- deemareatedd by the bielegi�&t beundaFy. if a FapteF nest i -r ebse.rved- in a tFee PFOPOSP-d fA-.r re-Imle-val, the applicant must censult with --- La Quinta Village SPA No. 3 IS/MND 31 MaFGh-August 2023 241 3 ENVIRONMENTAL EVALUATION 113I0-2 Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Vallev Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Imr lementine Aereement and shall ensure the collection of Davment of the CVMSHCP Local Development Mitigation Fee.The "^*leant shall pay the CVMSHCP i al Deyei„n..- ent n itigatien Fee 3.4.5 Level of Significance after Mitigation With implementation of MM 13I0-1 and 13I0-2, impacts on biological resources would be less than significant. 3.5 Cultural Resources 3.5.1 Sources PaleoWest, Cultural Resource Investigation in Support of the Troutdale Village Project, April 25, 2022. (Appendix C) 3.5.2 Environmental Setting The Project area is situated east of the Peninsular Ranges in the southern extent of the Coachella Valley at the western edge of the Colorado Desert. The Coachella Valley is bordered by the San Jacinto and Santa Rosa mountains (part of the Peninsular Ranges) to the southwest and by the low, rolling Indio and Mecca hills to the northeast. From the steep slopes of the San Jacinto Mountains, the desert floor descends suddenly at less than 3 kilometers (2 miles) eastward to sea level in the city of Indio, where the Project area is located. A cultural resources survey of the Project area was conducted by PaleoWest on December 15, 2021. The Project site is a vacant, relatively flat parcel that is bounded on the west and south sides by Washington Street and Avenue 50, respectively. The east side of the property abuts a dry storm drain channel. Surficial deposits across the Project area have been disturbed by mechanical and natural processes with modern grading on the western side and undulating dunes on the eastern side. The soils on the western half are not native but a mixture of gravel, construction refuse, modern refuse, and road base from Washington Street and Avenue 50. The soils on the eastern half are native, eolian dune sands with a low density of cobbles. Vegetation within the Project area consists of salt bush (low lying shrubs), patches of mesquite, and bunch grasses. Modern trash was noted throughout the Project area. The landform of the dunes is active with sands migrating around the parcel during wind events. The dunes appear to have been subject to erosion over the years and show signs of deflation. There is evidence of a recent surface brush fire with burned vegetation observed on the ground surface. A transmission line of unknown age was also noted running west -east along the southern extent of the Project area. Although the age of the line is not known, a review of aerial imagery indicates that it was not present before 1972 and as such, is likely modern in age. No new cultural resources were observed. However, cultural materials associated with the previously recorded archaeological sites of 33-001180 and 33-008226 were identified in the Project area. DeseFt geLa Quinta Village SPA No. 3 IS/MND 32 August 2023 242 3 ENVIRONMENTAL EVALUATION 3.5.3 Impacts a/b. Less than Significant with Mitigation Incorporated On February 4, 2022, a literature review and records search was conducted at the Eastern Information Center. The records search indicated that 117 cultural resources were previously documented within a one -mile radius of the Project area. Two of the prehistoric archaeological sites, 33-001180 (CA-RIV-1180) and 33-008226 (CA-RIV-6074), were previously documented within the Project area. Site 33-001180 was originally recorded in 1972 as a moderate to heavy surface scatter of prehistoric artifacts in an area of deflating dunes. The site record has been updated over the years to include flaked and ground stone, ceramics, and shell artifacts, as well as fire affected rock (FAR), animal bone, and charcoal. Site 33-001180 is reported to measure 76 by 46 m and is intersected by Avenue 50 and a storm drain channel. Although most of the cultural remains associated with 33-001180 appear to lie east of the storm drain channel and south of Avenue 50, a survey conducted by Parr (1985) noted several concentrations of flaked and ground stone artifacts and modified animal bone immediately north of Avenue 50 in the current Project area. The site likely represents the remains of a habitation locale. Site 33-008226 was recorded in 1998 as a prehistoric habitation site composed of six loci. The site measured 115 by 80 meters and lies within a sandy dune area with creosote brushes and mesquite. The cultural constituents identified within the site include flaked and ground stone, ceramic artifacts, FAR, animal bone and hardened clay. The mapped boundary of Site 33-008226 overlaps with the previously defined boundary of Site 33-001180. During the field survey on December 15, 2021, PaleoWest identified the two previously recorded prehistoric archaeological sites, 33-001180 and 33-008226, in the northeast portion of the Project area. The mapped boundary of Site 33-008226 largely overlaps with Site 33-001180. Therefore, PaleoWest has combined these sites into one resource, herein referred to as 33-1001180 The State of California Department of Parks and Recreation records for both 33-001180 and 33-008226 were updated to note that the two resources have been consolidated. PaleoWest also conducted a Phase II investigation at Site 33-001180 to assess the presence/absence of buried cultural deposits in the Project area. The results of the Phase II investigation indicated that cultural deposits in the Project site are extremely sparse and are limited to the upper 20-30 cm of sediments. The absence of intact features suggests that the area has been extensively disturbed and that any thermal features or structures that were once present in the area have been destroyed. Based on these findings, PaleoWest concluded that the Project area does not contribute to the overall eligibility of the site for La Quinta Village SPA No. 3 IS/MND 33 MaFeh August 2023 243 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance ❑ ® ❑ ❑ of an archaeological resource pursuant to § 15064.5? c) Disturb any human remains, including those interred ❑ ® ❑ ❑ outside of formal cemeteries? a/b. Less than Significant with Mitigation Incorporated On February 4, 2022, a literature review and records search was conducted at the Eastern Information Center. The records search indicated that 117 cultural resources were previously documented within a one -mile radius of the Project area. Two of the prehistoric archaeological sites, 33-001180 (CA-RIV-1180) and 33-008226 (CA-RIV-6074), were previously documented within the Project area. Site 33-001180 was originally recorded in 1972 as a moderate to heavy surface scatter of prehistoric artifacts in an area of deflating dunes. The site record has been updated over the years to include flaked and ground stone, ceramics, and shell artifacts, as well as fire affected rock (FAR), animal bone, and charcoal. Site 33-001180 is reported to measure 76 by 46 m and is intersected by Avenue 50 and a storm drain channel. Although most of the cultural remains associated with 33-001180 appear to lie east of the storm drain channel and south of Avenue 50, a survey conducted by Parr (1985) noted several concentrations of flaked and ground stone artifacts and modified animal bone immediately north of Avenue 50 in the current Project area. The site likely represents the remains of a habitation locale. Site 33-008226 was recorded in 1998 as a prehistoric habitation site composed of six loci. The site measured 115 by 80 meters and lies within a sandy dune area with creosote brushes and mesquite. The cultural constituents identified within the site include flaked and ground stone, ceramic artifacts, FAR, animal bone and hardened clay. The mapped boundary of Site 33-008226 overlaps with the previously defined boundary of Site 33-001180. During the field survey on December 15, 2021, PaleoWest identified the two previously recorded prehistoric archaeological sites, 33-001180 and 33-008226, in the northeast portion of the Project area. The mapped boundary of Site 33-008226 largely overlaps with Site 33-001180. Therefore, PaleoWest has combined these sites into one resource, herein referred to as 33-1001180 The State of California Department of Parks and Recreation records for both 33-001180 and 33-008226 were updated to note that the two resources have been consolidated. PaleoWest also conducted a Phase II investigation at Site 33-001180 to assess the presence/absence of buried cultural deposits in the Project area. The results of the Phase II investigation indicated that cultural deposits in the Project site are extremely sparse and are limited to the upper 20-30 cm of sediments. The absence of intact features suggests that the area has been extensively disturbed and that any thermal features or structures that were once present in the area have been destroyed. Based on these findings, PaleoWest concluded that the Project area does not contribute to the overall eligibility of the site for La Quinta Village SPA No. 3 IS/MND 33 MaFeh August 2023 243 3 ENVIRONMENTAL EVALUATION listing on the California Register of Historical Resources. Furthermore, the data potential of the prehistoric cultural deposits appears to have been realized fully during the Phase II investigations. PaleoWest recommends a finding of no impact to historical or archaeological resources under CEQA. However, due to the sensitivity of the area, PaleoWest recommends that an archaeological monitor be present to observe ground -disturbing construction activities in the Project area, as described in Mitigation Measure CUL -1. With implementation of Mitigation Measure CUL -1, impacts to historical and/or archaeological resources would be less than significant. c. Less than Significant Impact with Mitigation Incorporated The Project site is vacant, undeveloped, and does not contain any cemeteries or human remains under existing conditions. However, there is always the possibility that human remains could be uncovered during ground disturbing activities. In the unexpected event that human remains are found during ground disturbing activities, those remains would require proper treatment in accordance with all applicable laws. Through the implementation of Mitigation Measure CUL -2, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The State of California Health and Safety Code 7050.5 and the California Public Resources Code (PRC) Section 5097.98 states that the County Coroner must be notified within 24 hours of the discovered human remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would, in turn, contact the Most Likely Descendant (MLD) who would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains. Therefore, with incorporation of Mitigation Measure CUL -2, impacts would be less than significant. 3.5.4 Mitigation CUL -1 A qualified archaeologist monitor shall be present during any ground disturbing activities during the project construction phase. In the case that archaeological materials are encountered during ground disturbing activities, work in the area shall cease and any deposits shall be treated according to Federal, State, and local guidelines. No further grading is permitted in the area of the discovery until the City approves the appropriate measure to protect the discovered resources. CUL -2 In the event that human remains are uncovered during ground disturbing activities on the project site, no further disturbance shall occur and all work shall cease until the County Coroner has made a determination of the origin and disposition of the remains. Ground disturbing activities and excavations shall not resume until the following has been addressed: 1. The County Coroner has been contacted and determined that no investigation to the cause of death is required, and 2. If the County Coroner determines that the remains are of Native American decent, the Coroner must notify Native American Heritage Commission (NAHC), which will then determine the Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. La Quinta Village SPA No. 3 IS/MND 34 MaFeh August 2023 244 3 ENVIRONMENTAL EVALUATION 3.5.5 Level of Significance after Mitigation With the incorporation of Mitigation Measures CUL -1 and CUL -2, impacts to cultural resources would be reduced to less than significant. 3.6 Energy 3.6.1 Sources • MD Acoustics, Troutdale Village Air Quality, Greenhouse Gas, and Energy Study, December 30, 2021 (Appendix A) • California Energy Commission, 2019 Building Energy Efficient Standards for Residential and Nonresidential Buildings, December 2018 https://www.energy.ca.gov/sites/default/files/2021-06/CEC-400-2018-020-CMF O.pdf • Imperial Irrigation District, Troutdale Village Residential Apartment Project in La Quinta, CA, February 21, 2023. 3.6.2 Environmental Setting Electricity Imperial Irrigation District (IID) provides electricity to the City of La Quinta, including the Project site. Electricity is delivered to IID's substations throughout the City at 92 or 161 kilovolts, and decreased to 12 kilovolts for distribution to its customers. Natural Gas Natural gas for the Project site is provided by the Southern California Gas Company (SoCalGas). Natural gas supplies are transported from Texas to the Coachella Valley through three east -west trending transmission lines, which cross the Valley near and parallel to Interstate -10 and continues west to Los Angeles. The pipelines include one 30 -inch line and two 24 -inch lines, with pressures of 2,000 pounds per square inch (PSI). 3.6.3 Impacts a. Less than Significant Impact Energy Use During Construction The Project's construction process would consume electricity and fuel. Project -related construction activities would represent a "single -event" demand and would not require on-going or permanent LaDeseFt—Sa-ge,__Quinta Village SPA No. 3 IS/MND 35 MaFeh August 2023 245 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated Energy — Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption ❑ ® ❑ of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for ❑ renewable energy or energy efficiency? a. Less than Significant Impact Energy Use During Construction The Project's construction process would consume electricity and fuel. Project -related construction activities would represent a "single -event" demand and would not require on-going or permanent LaDeseFt—Sa-ge,__Quinta Village SPA No. 3 IS/MND 35 MaFeh August 2023 245 3 ENVIRONMENTAL EVALUATION commitment of energy resources. The amount of energy and fuel use anticipated by the Project's construction activities are typical for the type of scale of construction proposed by the Project and there are no aspects of the Project's proposed construction process that are unusual or energy intensive. Furthermore, construction equipment would be required to conform to the applicable CARB emissions standards, acting to promote equipment fuel efficiencies. Based on the foregoing, the Project's construction energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary. Impacts during Project construction would be less than significant. Energy Use During Operation Building operations associated with the Project would result in the consumption of natural gas and electricity. The Project provides X4252 dwelling units, which are not inherently energy intensive, and the Project energy demands in total would be comparable to, or less than, other apartment homes of similar scale. A letter from IID dated February 21,2023, stated the district would extend its electrical facilities to serve the Project by upgrading the Marshall Substation Bank 2 from 25 MVA to a 40/50 MVA, adding or reconfiguring distribution backbone line extensions, and adding new distribution feeders to the existing Marshall Station that would extend to the Project. Furthermore, the Project would be required to comply with Title 24 standards, which would ensure that the Project's energy demand would not be considered inefficient, wasteful, or otherwise unnecessary. Impacts during Project operation would be less than significant. b. Less than Significant Impact The Project's proposed 244252 apartment homes would be required to comply with the City's Municipal Code, Zoning Ordinance, and other standards including the City's Greenhouse Gas Reduction Plan provisions. Therefore, the Project would have no impact on plans for energy efficiency. 3.6.4 Mitigation No mitigation is required. 3.6.5 Level of Significance after Mitigation Not applicable. 3.7 Geology and Soils 3.7.1 Sources • Riverside Map My County, 2022. https://pisl.countyofriverside.us/Html5Viewer/?viewer=MMC Public • City of La Quinta General Plan, February 19, 2013. • Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.loquintaca. gov/homelshowpublisheddocument/15858/635338594527270000 3.7.2 Environmental Setting The Project site is located in the Coachella Valley portion of the Salton Trough physiographic province and is a geologic, structural depression resulting from large scale regional faulting. The trough is bounded by the San La Quinta Village SPA No. 3 IS/MND 36 MaFeh August 2023 246 3 ENVIRONMENTAL EVALUATION Andreas fault and Chocolate Mountains on the northeast and the Peninsular Range and faults of the San Jacinto Fault Zone on the southwest. The Salton Trough represents the northward extension of the Gulf of California, containing both marine and non -marine sediments since the Miocene Epoch. Tectonic activity that formed the trough continues at a high rate as evidenced by deformed young sedimentary deposits and high levels of seismicity. The surrounding regional geology includes the Peninsular Ranges (Santa Rosa and San Jacinto Mountains) to the south and west, the Salton Sea Basin to the southeast, and the Transverse Ranges (Little San Bernardino and Orocopia Mountains) to the north and east. Hundreds of feet to several thousand feet of Quaternary fluvial, lacustrine, and Aeolian soil deposits underlie the Coachella Valley. The southeastern part of the Coachella Valley lies below sea level. In the past, the ancient Lake Cahuilla submerged the area. Calcareous tufa deposits may be observed along the ancient shoreline as high as an elevation of 45 to 50 feet above mean sea level (AMSL) along the Santa Rosa Mountains from La Quinta southward. Lacustrine (lake bed) deposits comprise the subsurface soils over much of the eastern Coachella Valley with alluvial outwash along the flanks of the valley. The Project site is located in Southern California, which is a seismically active area. The type and magnitude of seismic hazards affecting the site are dependent on the distance of causative faults, the intensity, and the magnitude of the seismic event. Existing ground surface elevations range from 40 to 59 feet AMSL. 3.7.3 Impacts La Quinta Village SPA No. 3 IS/MND 37 MaFeh August 2023 247 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated GEOLOGY AND SOILS —Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on ❑ ❑ ❑ other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic -related ground failure, including ❑ ❑ ® ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, ❑ ❑ ® ❑ and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial ❑ ❑ ® ❑ risks to life or property? e) Have soils incapable of adequately supporting the use ❑ ❑ ❑ of septic tanks or alternative waste water disposal La Quinta Village SPA No. 3 IS/MND 37 MaFeh August 2023 247 3 ENVIRONMENTAL EVALUATION a -i. No Impact There are no known active faults crossing or projecting through the Project site. The Project site is not located within an Alquist-Priolo Earthquake Fault Zone, or within a fault zone identified by the County of Riverside GIS data. Therefore, ground rupture due to faulting is considered unlikely at this site. No impact would occur. a -ii. Less than Significant The Project site is located in a seismically active area of Southern California and is expected to experience moderate to severe ground shaking during the lifetime of the Project. This risk is not considered substantially different than that of other similar properties in the southern California area. As a mandatory condition of Project approval, the Project would be required to construct the proposed buildings in accordance with the California Building Code (CBC), also known as California Code of Regulations (CCR), Title 24, Part 2, and the City of La Quinta Municipal Code (LQMC), which is based on the CBC with local amendments. The CBC and LQMC (Chapter 8.02) provide standards that must be met to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures, which have been specifically tailored for California earthquake conditions. In addition, the Project would be required to comply with the site-specific ground preparation and construction recommendations contained in the Project's geological report, which would be required prior to issuance of a grading permit. Mandatory compliance with these standards along with site-specific design and construction measures set forth in the Project's geotechnical report, the CBC, and the LQMC, potential impacts related to seismic ground shaking would be less than significant. As such, implementation of the Project would not expose people or structures to substantial adverse effects, including loss, injury, or death, involving seismic ground shaking. Impacts would be less -than -significant. a -iii. Less than Significant According to Riverside Map My County, the Project site is located within an area with moderate liquefaction susceptibility. However, prior to issuance of a grading permit, a geotechnical report would be required to be submitted for approval. The Project Applicant would be required to comply with the grading and construction recommendations contained within the geotechnical report for the Project to further reduce the risk of seismic -related ground failure due to liquefaction. Therefore, implementation of the Project would not directly or indirectly expose people or structures to substantial hazards associated with seismic -related ground failure and/or liquefaction hazards. Impacts would be less than significant. a -iv. No Impact The Project site is generally flat and contains no substantial natural or man-made slopes under existing conditions. There are no substantial natural or man-made slopes in the Project site vicinity either. Accordingly, development on the subject property would not be exposed to landslide risks and the Project would not pose a landslide risk to surrounding properties. Impacts would be less than significant. DeseFt—Sa-ge,La__Quinta Village SPA No. 3 IS/MND 38 MaFeh August 2023 248 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological ❑ ® ❑ ❑ resource or site or unique geologic feature? a -i. No Impact There are no known active faults crossing or projecting through the Project site. The Project site is not located within an Alquist-Priolo Earthquake Fault Zone, or within a fault zone identified by the County of Riverside GIS data. Therefore, ground rupture due to faulting is considered unlikely at this site. No impact would occur. a -ii. Less than Significant The Project site is located in a seismically active area of Southern California and is expected to experience moderate to severe ground shaking during the lifetime of the Project. This risk is not considered substantially different than that of other similar properties in the southern California area. As a mandatory condition of Project approval, the Project would be required to construct the proposed buildings in accordance with the California Building Code (CBC), also known as California Code of Regulations (CCR), Title 24, Part 2, and the City of La Quinta Municipal Code (LQMC), which is based on the CBC with local amendments. The CBC and LQMC (Chapter 8.02) provide standards that must be met to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures, which have been specifically tailored for California earthquake conditions. In addition, the Project would be required to comply with the site-specific ground preparation and construction recommendations contained in the Project's geological report, which would be required prior to issuance of a grading permit. Mandatory compliance with these standards along with site-specific design and construction measures set forth in the Project's geotechnical report, the CBC, and the LQMC, potential impacts related to seismic ground shaking would be less than significant. As such, implementation of the Project would not expose people or structures to substantial adverse effects, including loss, injury, or death, involving seismic ground shaking. Impacts would be less -than -significant. a -iii. Less than Significant According to Riverside Map My County, the Project site is located within an area with moderate liquefaction susceptibility. However, prior to issuance of a grading permit, a geotechnical report would be required to be submitted for approval. The Project Applicant would be required to comply with the grading and construction recommendations contained within the geotechnical report for the Project to further reduce the risk of seismic -related ground failure due to liquefaction. Therefore, implementation of the Project would not directly or indirectly expose people or structures to substantial hazards associated with seismic -related ground failure and/or liquefaction hazards. Impacts would be less than significant. a -iv. No Impact The Project site is generally flat and contains no substantial natural or man-made slopes under existing conditions. There are no substantial natural or man-made slopes in the Project site vicinity either. Accordingly, development on the subject property would not be exposed to landslide risks and the Project would not pose a landslide risk to surrounding properties. Impacts would be less than significant. DeseFt—Sa-ge,La__Quinta Village SPA No. 3 IS/MND 38 MaFeh August 2023 248 3 ENVIRONMENTAL EVALUATION b. Less than Significant Impact During construction of the proposed Project, soils would be disrupted during grading activities due to exposure of uncovered soils, thereby increasing the potential for wind or water -related erosion and sedimentation until construction is completed. Pursuant to State Water Resources Control Board requirements, the Applicant is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for construction activities, which involves preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction -related activities. The SWPPP will specify the Best Management Practices (BMPs) that would be required to be implemented during construction activities to ensure that waterborne pollution (erosion and sedimentation) is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property. The Project also would be required to comply with SCAQMD Rule 403 to minimize water and windborne erosion. Lastly, the Project would be required to prepare and implement a Water Quality Management Plan (WQMP), which is a site-specific post - construction water quality management program designed to minimize the release of waterborne pollutants, including pollutants of concern for downstream receiving waters, under long-term conditions via BMPs. The WQMP also is required to establish a post -construction implementation and maintenance plan to ensure on-going, long-term erosion protection. Therefore, with adherence to SCAQMD Rule 403, and preparation of a SWPPP and WQMP, the proposed Project would result in less than significant impacts related to soil erosion. C. Less than Significant The Project site does not contain substantial natural or man-made slopes under existing conditions. Additionally, there are no hillsides in the vicinity of the Project site with a potential to expose the site to landslide hazards. Therefore, no impact would occur related to landslides. Lateral spreading is primarily associated with liquefaction hazards. As previously mentioned in Section 3.7.3(a)(ii), above, the Project Applicant would be required to submit a geotechnical report prior to issuance of a grading permit and comply with the grading and construction recommendations contained within that geotechnical report to further reduce the risk of seismic -related ground failure due to liquefaction. The Project Applicant also would be required to comply with the site-specific ground preparation and construction recommendations contained in the geotechnical report for the Project site, which would attenuate the site's settlement potential. Therefore, impacts associated with liquefaction, lateral spreading, shrinkage/subsidence, and collapse would be less than significant. d. Less than Significant Impact According to the Web Soil Survey, the Project site consists of desert land comprised of Coachella fine sand and Myoma fine sand. Due to the low clay content in underlying soils, these near surface soils can be anticipated to have very low expansion characteristics. The Project site is not located in an area known for expansive soil (as defined in Table 18-1-B of the Uniform Building Code (1994)), and the potential for the Project to create substantial risks to life or property, relating to expansive soils, is very low. Therefore, impacts would be less than significant. e. No Impact The Project would not involve the use of septic tanks or any other alternative wastewater disposal systems. Therefore, there would be no impacts associated with septic tanks or alternative wastewater systems. Less than Significant with Mitigation Incorporated. The Project site does not contain any paleontological resources under existing conditions. However, according to the City's General Plan EIR and the Riverside Map My County, the Project site is located within a High Paleontological Sensitivity due to Pleistocene sediments and sediments from ancient Lake Cahuilla beds. Therefore, a professional paleontologist would be retained to prepare and implement paleontological monitoring and mitigation La Quinta Village SPA No. 3 IS/MND 39 MaFeh August 2023 249 3 ENVIRONMENTAL EVALUATION plan (PRMMP) as described in Mitigation Measures GEO-1 through GEO-4. Therefore, with implementation of Mitigation Measures GEO-1 through GEO-4, potential impacts to a unique paleontological resource or site or unique geologic feature would be reduced to less than significant. 3.7.4 Mitigation The following mitigation measures are required: GEO-1 Prior to the start of the proposed Project activities, all field personnel will receive a worker's environmental awareness training on paleontological resources. The training will provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the project area, the role of the paleontological monitor, outlines steps to follow in the event that a fossil discovery is made and provides contact information for the project paleontologist. The training will be developed by the project paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. GEO-2 Prior to the commencement of ground -disturbing activities, a professional paleontologist will be retained to prepare and implement a PRMMP for the proposed project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high paleontological resource potential. Part-time monitoring, or spot checking, may be required during shallow ground -disturbances (< 10 feet below ground surface) to confirm that sensitive geologic units are not being impacted. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. GEO-3 In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the project paleontologist shall complete the following: Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or project paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the project paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project -related excavations. Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be delivered to the accredited museum or La Quinta Village SPA No. 3 IS/MND 40 MaFeh August 2023 250 3 ENVIRONMENTAL EVALUATION repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. GEO-4 Upon completion of ground disturbing activity (and curation of fossils if necessary) the project paleontologist shall prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report shall include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. 3.7.5 Level of Significance after Mitigation With implementation of Mitigation Measures GEO-1 through GEO-4, impacts associated with geology and soils would be reduced to less than significant. 3.8 Greenhouse Gas Emissions 3.8.1 Sources • MD Acoustics, Troutdale Village Air Quality, Greenhouse Gas, and Energy Study, December 30, 2021 (Appendix A) 3.8.2 Environmental Setting Constituent gases of the Earth's atmosphere, called atmospheric greenhouse gases (GHG), play a critical role in the Earth's radiation amount by trapping infrared radiation emitted from the Earth's surface, which otherwise would have escaped to space. Prominent greenhouse gases contributing to this process include carbon dioxide (CO2), methane (CH4), ozone, water vapor, nitrous oxide (N20), and chlorofluorocarbons (CFCs). This phenomenon, known as the Greenhouse Effect, is responsible for maintaining a habitable climate. Anthropogenic (caused or produced by humans) emissions of these greenhouse gases in excess of natural ambient concentrations are responsible forthe enhancement of the Greenhouse Effect and have led to a trend of unnatural warming of the Earth's natural climate, known as global warming or climate change. Emissions of gases that induce global warming are attributable to human activities associated with industrial/manufacturing, agriculture, utilities, transportation, and residential land uses. Transportation is responsible for 41 percent of the State's greenhouse gas emissions, followed by electricity generation. Emissions of CO2 and nitrous oxide (NO2) are byproducts of fossil fuel combustion. Methane, a potent greenhouse gas, results from off -gassing associated with agricultural practices and landfills. Sinks of CO2, where CO2 is stored outside of the atmosphere, include uptake by vegetation and dissolution into the ocean. Table 6 of the Project's greenhouse gas analysis (Appendix A) provides a description of each of the greenhouse gases and their global warming potential. 3.8.3 Impacts La Quinta Village SPA No. 3 IS/MND 41 MaFeh August 2023 251 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated Greenhouse Gas Emissions — Would the project: La Quinta Village SPA No. 3 IS/MND 41 MaFeh August 2023 251 3 ENVIRONMENTAL EVALUATION a. Less than Significant Impact. The Project allows for the development of X4252 dwelling units. The Project is anticipated to generate GHG emissions from area sources, energy usage, mobile sources, solid waste, water, and construction. The CalEEMod Version 2020.4.0 was utilized by MD Acoustics to calculate the GHG emissions from the Project. As shown in Table 8, the Project would result in approximately 1,963.70 metric tons per year of CO2e (MTCO2e) per year and would not exceed the SCAQMD screening threshold of 3,000 MTCO2e per year. Therefore, Project GHG emissions impacts would be less than significant. Table 7 Project Related Greenhouse Gas Annual Emissions Potentially Less than Less than Significant Significant with Significant No CO2 Impact Mitigation Impact Impact 0.00 3.45 Incorporated 0.00 0.00 a) Generate greenhouse gas emissions, either directly or Energy Usage 0.00 449.10 449.10 indirectly, that may have a significant impact on the ❑ ❑ ® ❑ environment? 1,300.55 0.08 0.07 11323.36 b) Conflict with an applicable plan, policy or regulation 26.52 0.00 26.52 1.57 adopted for the purpose of reducing the emissions of ❑ ❑ ® ❑ greenhouse gases? 0.61 0.01 91.24 Construction' a. Less than Significant Impact. The Project allows for the development of X4252 dwelling units. The Project is anticipated to generate GHG emissions from area sources, energy usage, mobile sources, solid waste, water, and construction. The CalEEMod Version 2020.4.0 was utilized by MD Acoustics to calculate the GHG emissions from the Project. As shown in Table 8, the Project would result in approximately 1,963.70 metric tons per year of CO2e (MTCO2e) per year and would not exceed the SCAQMD screening threshold of 3,000 MTCO2e per year. Therefore, Project GHG emissions impacts would be less than significant. Table 7 Project Related Greenhouse Gas Annual Emissions La Quinta Village SPA No. 3 IS/MND 42 MaFeh August 2023 252 Greenhouse Gas Emissions (Metric Tons/Year)' Category Bio -0O2 NonBio-CO2 CO2 CH4 N20 CO2e Area Sources2 0.00 3.45 3.45 0.00 0.00 3.54 Energy Usage 0.00 449.10 449.10 0.02 0.01 451.60 Mobile Sources4 0.00 1,300.55 1,300.55 0.08 0.07 11323.36 Solid Wastes 26.52 0.00 26.52 1.57 0.00 65.70 Water' 5.87 65.71 71.58 0.61 0.01 91.24 Construction' 0.00 27.44 27.44 0.00 0.00 28.26 Total Emissions 32.39 1,846.26 1,878.65 2.28 0.09 1,963.70 City of La Quinta CAP and SCAQMD Draft Screening Threshold 3,000 Exceeds Threshold? No N otes: Source: CalEEMod Version 2020.4.0 2 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment. a Energy usage consist of GHG emissions from electricity and natural gas usage. 4 Mobile sources consist of GHG emissions from vehicles. s Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills. e Water includes GHG emissions from electricity used for transport of water and processing of wastewater. Construction GHG emissions based on a 30 year amortization rate. La Quinta Village SPA No. 3 IS/MND 42 MaFeh August 2023 252 3 ENVIRONMENTAL EVALUATION b. Less than Significant. The applicable plan for the Project is the City's Greenhouse Gas Plan, which contains goals and supporting measures that reflect and ensure compliance with Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and the 2017 California Air Resources Board (CARB) Scoping Plan. The South Coast Air Quality Management District (SCAQMD) also states that projects that do not exceed the screening threshold of 3,000 MTCO2e per year are considered to have less -than -significant GHG emissions and are in compliance with the AQMP. As mentioned in Section 3.8.3(a) above, the GHG emissions generated by the Project would not exceed the SCAQMD screening threshold of 3,000 MTCO2e. Based on the foregoing, the Project would not have the potential to conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. Impacts would be less than significant. 3.8.4 Mitigation No mitigation is required. 3.8.5 Level of Significance after Mitigation Not applicable. 3.9 Hazards and Hazardous Materials 3.9.1 Sources • City of La Quinta General Plan, February 19, 2013. • Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.laquintaca. qov/home/showpublisheddocument/15858/635338594527270000 State Water Resources Control Board, GeoTracker. Accessed August 10, 2021, https://www. waterboards. ca. qov/. 3.9.2 Environmental Setting The Project site occurs in an area of the City of La Quinta that has undergone gradual urbanization since the later decades of the 1900's. The general area is comprised primarily of residential, recreational, institutional, and commercial development. A unique feature of the City of La Quinta is the inclusion of golf courses within residential neighborhoods and the residential developments surrounding the site often support meandering golf courses. The Project site is surrounded to the north by residential development; to the east by an undeveloped flood control channel with a sports complex and school facilities beyond; to the south by Avenue SO with undeveloped, vacant land and a golf course beyond; and to the west by Washington Street with residential development and a golf course beyond. The site itself is composed of primarily undeveloped, vacant land and developed portions of adjacent roadways and infrastructure. The site is heavily disturbed due to pedestrian and vehicle traffic associated with surrounding development, historic light grading, and routine weed abatement activities. Historic aerials show these disturbances have been ongoing since at least 1972. DeseFt-SageLa__Quinta Village SPA No. 3 IS/MND 43 MaFeh August 2023 253 3 ENVIRONMENTAL EVALUATION 3.9.3 Impacts a. Less than Significant Impact. Proposed construction activities for the development of the Project may involve the use and transport of hazardous materials, which include but not limited to fuels, gasoline, hydraulic fluid, lubricants, and other liquids associated with the operation of heavy equipment utilized for construction. Additionally, materials that are consistent with building construction would also be present onsite and these materials may include paints, solvents, concrete, adhesives, roofing materials, and others. Additionally, transportation, storage, use and disposal of hazardous materials during construction activities would be required to comply with all applicable Federal, State, and local statues and regulations. This includes the preparation of a SWPPP that would outline specific BMPs that would be administered during the construction of the Project in order to prevent the discharge of construction - related pollutants that could contaminate nearby water sources. The Resource Conservation and Recovery Act (RCRA; 42 USC 6901 et seq.) would require businesses with substantial quantities of hazardous materials to adhere to strict requirements in regard to handlings, transportation, and storing of supplies. Furthermore, the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq. protects against the risk to life, property, and the environment that are associated with the transportation of hazardous materials in intrastate, interstate, and foreign commerce. Upon completion of the proposed construction, all hazardous materials would be removed from the Project site. Therefore, with all La Quinta Village SPA No. 3 IS/MND 44 MaFeh August 2023 254 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ® ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and ❑ ❑ ® ❑ accident condition involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ❑ ❑ ® ❑ one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted within two miles of a public airport or public use airport, would the ❑ ❑ ❑ project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ ❑ ❑ evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death ❑ ❑ ❑ ❑ involving wildland fires? a. Less than Significant Impact. Proposed construction activities for the development of the Project may involve the use and transport of hazardous materials, which include but not limited to fuels, gasoline, hydraulic fluid, lubricants, and other liquids associated with the operation of heavy equipment utilized for construction. Additionally, materials that are consistent with building construction would also be present onsite and these materials may include paints, solvents, concrete, adhesives, roofing materials, and others. Additionally, transportation, storage, use and disposal of hazardous materials during construction activities would be required to comply with all applicable Federal, State, and local statues and regulations. This includes the preparation of a SWPPP that would outline specific BMPs that would be administered during the construction of the Project in order to prevent the discharge of construction - related pollutants that could contaminate nearby water sources. The Resource Conservation and Recovery Act (RCRA; 42 USC 6901 et seq.) would require businesses with substantial quantities of hazardous materials to adhere to strict requirements in regard to handlings, transportation, and storing of supplies. Furthermore, the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq. protects against the risk to life, property, and the environment that are associated with the transportation of hazardous materials in intrastate, interstate, and foreign commerce. Upon completion of the proposed construction, all hazardous materials would be removed from the Project site. Therefore, with all La Quinta Village SPA No. 3 IS/MND 44 MaFeh August 2023 254 3 ENVIRONMENTAL EVALUATION applicable regulations in place, impacts associated with accidental release of hazardous substances during construction activities would be less than significant. Long-term operations of the Project would involve limited use of substances typically associated with individual households. Typical materials would include paints, cleaning solvents, fertilizers, and motor oil. The Project would be required to comply with Federal, State, and local regulations to ensure proper use, storage, emission, and disposal of hazardous substances. With mandatory regulatory compliance, the Project is not expected to pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Impacts would be less than significant. b. Less than Significant Impact. Accidents involving hazardous materials that could pose a significant hazard to the public or the environment would be highly unlikely during the construction and long-term operation of the Project and are not reasonably foreseeable. As discussed above under Section 3.9.3(a), the transport, use, and handling of hazardous materials on the Project site during construction is a standard risk on all construction sites, and there would be no greater risk for upset and accidents than would occur on any other similar construction site. Upon buildout, the Project site would operate as a residential use. Based on the operational characteristics of residential uses, there is limited use of hazardous substances; however, as discussed above under Section 3.9.3(a), the Project Applicant would be required to comply with all applicable local, State, and Federal regulations related to the transport, handling, and usage of hazardous material. Accordingly, impacts associated with the accidental release of hazardous materials would be less than significant during both construction and long-term operation of the Project. C. Less than Significant Impact. The nearest school to the Project site is Harry S Truman Elementary School located at 78870 Avenue 50. The school is within 0.25 -mile to the east of the proposed Project site. Due to the nature of the proposed use of the Project as a residential development, there would be limited use of hazardous substances. In addition, as previously mentioned under Section 3.9.3 (a), the Project would be required to comply with Federal, State, and local regulations to ensure proper storage, use, emission, and disposal of hazardous substances. Therefore, the proposed Project would have a less than significant impact on schools within a quarter mile of the site. d. No Impact. According to the Department of Toxic Control Substances (DTCS), there are no Federal Superfund sites within the vicinity of the Project site. All environmental cleanups and any permitted hazardous material facilities are listed in the Envirostor database, including Comprehensive Environmental Response, Compensation, and Lability Act (CERLA) sites as well. Additionally, according to the California State Water Resources Control Board's GeoTracker, the Project site is not located within any cleanup sites. The nearest cleanup site is the La Quinta Country Club, located at 77750 Avenue 50, which is approximately 0.71 -mile west from the Project site. The La Quinta Country Club contained a potential contaminant of concern: gasoline. However, the case has been closed as of February 4, 1992. Therefore, the Project is not located on or within the vicinity of a site that is listed as a hazardous materials site pursuant to Government Code Section 65962.5. Thus, the Project would not create a significant hazard to the public or the environment. No impact would occur. e. No Impact. The closest airport to the Project site is the Bermuda Dunes Airport, which is approximately 4.1 miles northeast of the Project site. The Project site is not located within the Airport Influence Area and not DeseFt-Sa-ge,La__Quinta Village SPA No. 3 IS/MND 45 MaFeh August 2023 255 3 ENVIRONMENTAL EVALUATION within the Airport Land Use Compatibility Zones. Therefore, the Project would not result in a safety hazard for people residing or working in the Project area. No impact would occur. f. No Impact. The Project site does not contain any emergency facilities under existing conditions, nor does it serve as an emergency evacuation route, so there is no potential for the Project to adversely affect an existing emergency response or evacuation plan. During construction and at Project buildout, the proposed Project would be required to maintain adequate emergency access for emergency vehicles as required by the City. As part of the City's discretionary review process, the City of La Quinta would review the Project to ensure that appropriate emergency ingress and egress would be available to -and -from the proposed dwelling units for public safety. Accordingly, implementation of the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan. No impact would occur. No Impact. According to Map My County, the Project site is not located within a State Responsibility Area (SRA) or a Local Responsibility Area (LRA). The Project site and its surrounding areas are not located within a very high fire hazard area. Therefore, the proposed Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. No impact would occur. 3.9.4 Mitigation No mitigation is required. 3.9.5 Level of Significance after Mitigation Not applicable. 3.10 Hydrology and Water Quality 3.10.1 Sources • Egan Civil, Preliminary Hydrology Study for Troutdale Village, January 22, 2023. (Appendix F) • Egan Civil, Troutdale Village Preliminary Water Quality Management Plan, January 2023. (Appendix G) • FEMA Flood Map Service Center, 2022. • Coachella Valley Water District, 2020 Urban Water Management Plan, 2020. 3.10.2 Environmental Setting The Project site is undeveloped and 100% pervious under existing conditions. The Project site is bound to the south and west with fully improved public streets and storm drain facilities. The existing site is not subject to off-site storm flows and there is no existing on-site retention of storm flow. The proposed impervious area is 65% of the Project site. The new improvements would include paved access around the interior of the site, 34-12 residential buildings with 2-84252 units, paved parking, storm drain, and water and sewer improvements. Two retention basins would be constructed at the west end of the site to collect and store storm runoff generated during the 100 -year design storm per City of La Quinta Drainage Ordinance requirements. La Quinta Village SPA No. 3 IS/MND 46 MaFeh August 2023 256 3 ENVIRONMENTAL EVALUATION 3.10.3 Impacts a. Less than Significant Impact. Construction of the Project would be subject to National Pollutant Discharge Elimination System (NPDES) stormwater regulations for construction which are required when there is a soil disturbance of more than one acre. The Applicant will be required to comply with all rules, regulations, and procedures of the NPDES permit for municipal, construction, and industrial activities as outlined by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colorado River Basin - Region 7). A Project -specific Water Quality Management Plan (WQMP) must also be prepared to determine and describe the Best Management Practices (BMPs) that will be implemented on the Project site. The Project would be required to meet all applicable water quality standards or waste discharge requirements, thus avoiding any violation of such standards or requirements. Any future development and construction of the Project would require compliance with South Coast Air Quality Management (SCAQMD) Rule 403 and 403.1. SCAQM Rule 403 requires the implementation of best available dust control measures (BACM) during active operations that are capable of generating fugitive dust, such as the construction of the proposed Project. SCAQMD Rule 403.1 is a supplemental rule to 403, which applies only to fugitive dust sources that occur in the Coachella Valley. This rule will assist in reducing fugitive dust and resulting PM10 emissions from man-made sources in the Coachella DeseFt-Sag2La Quinta Village SPA No. 3 IS/MND 47 MaFeh August 2023 257 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated HYDROLOGY AND WATER QUALITY —Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface ❑ ❑ ® ❑ or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such ❑ ❑ ® ❑ that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ❑ ❑ ® ❑ of a stream or river or through the addition of impervious surfaces, in a manner which would: c.i.) Result in substantial erosion or siltation on- or off- ❑ ❑ ❑ ❑ site; c.ii.) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or ❑ ❑ ® ❑ offsite; c.iii.) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater ❑ ❑ ® ❑ drainage systems or provide substantial additional sources of polluted runoff; or c.iv) Impede or redirect flood flows? ❑ ❑ ® ❑ d) In flood hazard, tsunami, or seiche zones, risk release of ❑ ❑ ❑ ❑ pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater ❑ ❑ ® ❑ management plan? a. Less than Significant Impact. Construction of the Project would be subject to National Pollutant Discharge Elimination System (NPDES) stormwater regulations for construction which are required when there is a soil disturbance of more than one acre. The Applicant will be required to comply with all rules, regulations, and procedures of the NPDES permit for municipal, construction, and industrial activities as outlined by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colorado River Basin - Region 7). A Project -specific Water Quality Management Plan (WQMP) must also be prepared to determine and describe the Best Management Practices (BMPs) that will be implemented on the Project site. The Project would be required to meet all applicable water quality standards or waste discharge requirements, thus avoiding any violation of such standards or requirements. Any future development and construction of the Project would require compliance with South Coast Air Quality Management (SCAQMD) Rule 403 and 403.1. SCAQM Rule 403 requires the implementation of best available dust control measures (BACM) during active operations that are capable of generating fugitive dust, such as the construction of the proposed Project. SCAQMD Rule 403.1 is a supplemental rule to 403, which applies only to fugitive dust sources that occur in the Coachella Valley. This rule will assist in reducing fugitive dust and resulting PM10 emissions from man-made sources in the Coachella DeseFt-Sag2La Quinta Village SPA No. 3 IS/MND 47 MaFeh August 2023 257 3 ENVIRONMENTAL EVALUATION Valley. Although, these rules are intended to protect air quality, they would also assist in supporting water quality protection by preventing sediment track out and erosion. Additionally, a Project specific WQMP (Appendix G) was prepared to determine and describe the Best Management Practices (BMPs) that will be implemented on the Project site to address pollutants of concern that may potentially be generated from the use of the Project site. Per the WQMP, the BMP's have been selected and implemented to comply with WQMP Section 3.5 and consists of site design BMP concepts, source control, LID/site design and, if/where necessary, treatment control BMPs. Furthermore, the WQMP prepared for the proposed Project would be required to collect and store 100% of the runoff generated during the 100 -year storm event on-site per City of La Quinta Drainage Ordinance. The on-site retention basins will be designed in a manner that allows the stored volume generated from the 100 -year design storm event to completely evacuate via percolation into the soil within a 72 -hour period. Therefore, the proposed Project would not violate any water quality standards, waste discharge requirements, or otherwise substantially degrade surface or ground water quality. Impacts would be less than significant. b. No potable groundwater wells are proposed by the Project and the Project would be served with potable water by the Coachella Valley Water District (CVWD). The primary source of water in the Coachella Valley is groundwater extracted by deep wells and replenished with Colorado River water. The CVWD would provide domestic water service to the Project and is a participant in the Coachella Valley Regional Water Management Group that prepared an Integrated Regional Water Management Plan (WMP) in 2018. The 2018 Integrated Regional WMP determined that long-term regional demand for potable water is expected to increase; however, with continued conservation measures and replenishment of groundwater, it is projected that there will be sufficient supplies available to meet the CVWD demand. Based on the 2018 Integrated Regional WMP projected supply and demand numbers, the CVWD would have a sufficient water supply to serve the Project's water demands. At Project buildout, water would be required to serve the needs of the proposed development of 2-84252 dwelling units. The Project would connect to an existing water line on Avenue 50. No additional water infrastructure or new wells are proposed. The Project would be required to comply with the CVWD's and the City's water -efficiency requirements, such as including the use of drought -tolerant planting materials and limited landscaping irrigation. The Project would also be required to comply with the CVWD's drought restrictions and water reduction measures as applicable. Therefore, compliance and implementation of CVWD and City requirements would ensure that the Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. Impacts would be less than significant. c. i -iv. Less than Significant Impact. Prior to development of the Project site, the City will review and approve the proposed civil plans to ensure the proposed development is in compliance with the City's Municipal Code, which requires the Project to retain the runoff volume from a 100 -year, 24-hour storm event for the entire Project site. In addition, the Project's WQMP (Appendix G), includes BMPs, both of which are requirements for the City's NPDES implementation. The implementation of BMPs would allow for the reduction in pollutants of concern and help reduce the impacts both short and long term of water quality during the construction and operation of the Project. The implementation of BMPs is consistent with the Project - specific WQMP and complies with City requirements would ensure the design of the Project would not La Quinta Village SPA No. 3 IS/MND 48 MaFeh August 2023 258 3 ENVIRONMENTAL EVALUATION result in erosion or siltation on- or off-site. The Project would result in a less than significant impact to downstream water bodies. d. Less than Significant Impact. The majority of the Project site is not located within a flood zone; however, the eastern side of the Project site is located within the U.S Federal Emergency Management Agency (FEMA) Flood Zone AE due to the Project site being adjacent to the Coachella Water District's Whitewater River Storm Water Channel. CVWD provided a letter dated April 5, 2022, which stated approval on the 75 -foot setback. Therefore, no channel improvements would be required for the Project. Furthermore, the Project site is not located within the vicinity of any other water bodies. Due to the Project site location being far away from the ocean, lakes, or dams, there is no possibility of dam failure, tsunami or seiche. Therefore, impacts would be less than significant. e. Less than Significant Impact. As described in Section 2.10.3 (b), projected Project water demand does not exceed the projected water supply per the 2018 Integrated Regional WMP. There would be sufficient water supplies to serve the Project. The Project will adhere to all applicable water quality standards and will implement a Project specific WQMP (Appendix G) approved by the City and the Regional Water Quality Control Board for both construction and operational activities. Therefore, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant. 3.10.4 Mitigation No mitigation is required. 3.10.5 Level of Significance after Mitigation Not applicable. 3.11 Land Use and Planning 3.11.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.loquintaca. gov/homelshowpublisheddocument/15858/635338594527270000 3.11.2 Environmental Setting The Project site is designated as "Medium/High Density Residential" per the City's General Plan 2035 Land Use Map and is zoned as "Medium High Density Residential (RMH)" and within the Affordable Housing Overlay per the City's Official Zoning Map. The Applicant prepeses a Change of Zone to change the site's zening designatioi4 to "High Density Residential (RH)." Under existing conditions, the Project site is bordered by a residential community located immediately north; to the west, the Project site is bordered by Washington Street and beyond is a residential community; to the east, the Project site is bordered by a dry channel and beyond is vacant, undeveloped land; and to the south, the Project site is bordered by Avenue 50 and beyond is vacant, undeveloped land. La Quinta Village SPA No. 3 IS/MND 49 MaFeh August 2023 259 3 ENVIRONMENTAL EVALUATION 3.11.3 Impacts a. No Impact Development of the Project would not physically disrupt or divide the arrangement of an established community. Under existing conditions, the Project site is bordered by a residential community located immediately north; to the west, the Project site is bordered by Washington Street and beyond is a residential community; to the east, the Project site is bordered by a dry channel and beyond is vacant, undeveloped land; and to the south, the Project site is bordered by Avenue 50 and beyond is vacant, undeveloped land. No impact would occur. b. Less Than Significant Impact The development of the Project would consist of 2-84252 residential homes. Under existing conditions, the Project site is designated as "Medium/High Density Residential" per the City's General Plan 2035 Land Use Map and zoned "Medium High Density Residential (RMH)" and within the Affordable Housing Overlay per the City's Official Zoning Map. Because the Project would be consistent with the underlying General Plan land use designation, the Project would not conflict with the City's General Plan. As previously mentioned, t Change of Zeme ,.,, uld inherently ereate he site will remain as Residential Medium High (RMH) and apply a density bonus to provide some affordable units. ^ ;s+^^^., with the City's z g designatien. Prior to the development of the Project site, the City would review and approve the proposed architectural plans to ensure the proposed development meets the City's development standards for the Medium/High Density Residential land use and High Density Residential Medium High zone. Therefore, the Project would be developed in accordance with the proposed density requirement, zoning designation, and would comply with all applicable policies contained in the General Plan and all applicable development regulations and standards contained in the Zoning Ordinance. The Project also would not conflict with any applicable goals, objectives, and policies of the SCAQMD's AQMP, SCAG's Connect SoCal, and SCAG's Regional Comprehensive Plan. Impacts would be less than significant. 3.11.4 Mitigation No mitigation required. b- Quinta Village SPA No. 3 IS/MND 50 August 2023 260 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact LAND USE AND PLANNING — Would the project: a) Physically divide an established community? E] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific ❑ ❑ N ❑ plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? a. No Impact Development of the Project would not physically disrupt or divide the arrangement of an established community. Under existing conditions, the Project site is bordered by a residential community located immediately north; to the west, the Project site is bordered by Washington Street and beyond is a residential community; to the east, the Project site is bordered by a dry channel and beyond is vacant, undeveloped land; and to the south, the Project site is bordered by Avenue 50 and beyond is vacant, undeveloped land. No impact would occur. b. Less Than Significant Impact The development of the Project would consist of 2-84252 residential homes. Under existing conditions, the Project site is designated as "Medium/High Density Residential" per the City's General Plan 2035 Land Use Map and zoned "Medium High Density Residential (RMH)" and within the Affordable Housing Overlay per the City's Official Zoning Map. Because the Project would be consistent with the underlying General Plan land use designation, the Project would not conflict with the City's General Plan. As previously mentioned, t Change of Zeme ,.,, uld inherently ereate he site will remain as Residential Medium High (RMH) and apply a density bonus to provide some affordable units. ^ ;s+^^^., with the City's z g designatien. Prior to the development of the Project site, the City would review and approve the proposed architectural plans to ensure the proposed development meets the City's development standards for the Medium/High Density Residential land use and High Density Residential Medium High zone. Therefore, the Project would be developed in accordance with the proposed density requirement, zoning designation, and would comply with all applicable policies contained in the General Plan and all applicable development regulations and standards contained in the Zoning Ordinance. The Project also would not conflict with any applicable goals, objectives, and policies of the SCAQMD's AQMP, SCAG's Connect SoCal, and SCAG's Regional Comprehensive Plan. Impacts would be less than significant. 3.11.4 Mitigation No mitigation required. b- Quinta Village SPA No. 3 IS/MND 50 August 2023 260 3 ENVIRONMENTAL EVALUATION 3.11.5 Level of Significance after Mitigation Not applicable. 3.12 Mineral Resources 3.12.1 Sources City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.laguintaca.gov/home/showpublisheddocument/15858/635338594527270000 3.12.2 Environmental Setting The majority of the City of La Quinta is located in mineral resource zone 1 (MRZ-1), which indicates that little likelihood exists for the presence of significant mineral resources. The western portion of the City is located in MRZ-3, which are areas containing known or inferred mineral occurrences of undetermined mineral resources significances. According to Exhibit III -11, Mineral Resource Zone Map, of the City's General Plan EIR, the Project site is located within MRZ-1. 3.12.3 Impacts a -b. Less Than Significant Impact. According to the City's General Plan EIR, the Project site is located in an MRZ-1 zone, which indicates it is located in an area where there is little likelihood for presence of significant mineral resources. The Project site is currently designated Medium/High Density under the City's General Plan and zoned Medium High Density Residential. Neitherthe existing land use or zoning designation allow for mineral production. In addition, the General Plan consists of several policies that would protect mineral resources and prevent land use incompatibility impacts from mining. Furthermore, if a potential mineral extraction operation were to be located within the Project site, it would be incompatible both with the land use designation and surrounding land uses. Therefore, development of the Project would result in a less than significant impact relating to mineral resources. 3.12.4 Mitigation No mitigation required. La Quinta Village SPA No. 3 IS/MND 51 MaFeh August 2023 261 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ® ❑ residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local ❑ ❑ ® ❑ general plan, specific plan, or other land use plan? a -b. Less Than Significant Impact. According to the City's General Plan EIR, the Project site is located in an MRZ-1 zone, which indicates it is located in an area where there is little likelihood for presence of significant mineral resources. The Project site is currently designated Medium/High Density under the City's General Plan and zoned Medium High Density Residential. Neitherthe existing land use or zoning designation allow for mineral production. In addition, the General Plan consists of several policies that would protect mineral resources and prevent land use incompatibility impacts from mining. Furthermore, if a potential mineral extraction operation were to be located within the Project site, it would be incompatible both with the land use designation and surrounding land uses. Therefore, development of the Project would result in a less than significant impact relating to mineral resources. 3.12.4 Mitigation No mitigation required. La Quinta Village SPA No. 3 IS/MND 51 MaFeh August 2023 261 3 ENVIRONMENTAL EVALUATION 3.12.5 Level of Significance after Mitigation Not applicable. 3.13 Noise 3.13.1 Sources • MD Acoustics, Troutdale Village Apartment Project Noise Impact Study, January 12, 2022. (Appendix D) 3.13.2 Environmental Setting Noise Noise has been defined as an unwanted sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A -weighted decibels (d BA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear. Vibration According to the Federal Transit Administration (FTA) Transit Noise Impact and Vibration Assessment Manual, vibration is the periodic oscillation of a medium or object. The rumbling sound caused by the vibration of room surfaces is called structure -borne noise. Sources of ground -borne vibrations include natural or human made causes. In addition, vibration sources may be continuous, such as factory machinery, or transient, such as explosions. There are several different methods that are used to quantify vibration. The peak particle velocity (PPV) is defined as the maximum instantaneous peak of the vibration signal. The PPV is most frequently used to describe vibration impacts to buildings. Human body responds to average vibration amplitude often described as the root mean square (RMS). The RMS amplitude is defined as the average of the squared amplitude of the signal and is most frequently used to describe the effect of vibration on the human body. Decibel notation (VdB) is commonly used to measure RMS. Decibel notation (VdB) serves to reduce the range of numbers used to describe human response to vibration. Typically, ground -borne vibration generated by man-made activities attenuates rapidly with distance from the source of the vibration. La Quinta Village SPA No. 3 IS/MND 52 MaFeh August 2023 262 3 ENVIRONMENTAL EVALUATION 3.13.3 Impacts a. Less than Significant Impact. Project construction noise would occur due to the use of equipment that includes a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. The number and mix of construction equipment is expected to occur in stages such as site preparation, grading, building construction, and architectural coating. To describe the Project construction noise levels, measurements were collected for similar activities at several construction sites. Since the reference noise levels were collected at varying distances, all construction noise level measurements presented in Table 6 of Appendix D, have been adjusted to describe a uniform reference distance of 50 feet. Construction Noise Analysis Construction noise is considered a short-term impact and would be considered significant if construction activities are taken outside the allowable times (7 AM to 7 PM) as described in LQMC Section 6.08.050(A). Construction is anticipated to occur during permissible hours. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the Project vicinity. Furthermore, noise reduction measures are provided to further reduce construction noise. The impact is considered less than significant. Construction noise level projections are provided below. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels will be loudest during the grading phase. A likely worst-case construction noise scenario during grading assumes the use of a grader, a dozer, two (2) excavators, two (2) backhoes, and a scraper operating at 290 feet from the nearest sensitive receptor (north residences). Assuming a usage factor of 40 percent for each piece of equipment, unmitigated noise levels at 290 feet have the potential to reach 70 dBA Leq and 74 dBA Lmax at the nearest sensitive receptors during grading. Noise levels for the other construction phases would be lower and range between 63 to 66 dBA. La Quinta Village SPA No. 3 IS/MND 53 MaFeh August 2023 263 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated NOISE — Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards ❑ ❑ ® ❑ established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ❑ ❑ ® ❑ ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a ❑ ❑ ❑ public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? a. Less than Significant Impact. Project construction noise would occur due to the use of equipment that includes a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. The number and mix of construction equipment is expected to occur in stages such as site preparation, grading, building construction, and architectural coating. To describe the Project construction noise levels, measurements were collected for similar activities at several construction sites. Since the reference noise levels were collected at varying distances, all construction noise level measurements presented in Table 6 of Appendix D, have been adjusted to describe a uniform reference distance of 50 feet. Construction Noise Analysis Construction noise is considered a short-term impact and would be considered significant if construction activities are taken outside the allowable times (7 AM to 7 PM) as described in LQMC Section 6.08.050(A). Construction is anticipated to occur during permissible hours. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the Project vicinity. Furthermore, noise reduction measures are provided to further reduce construction noise. The impact is considered less than significant. Construction noise level projections are provided below. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels will be loudest during the grading phase. A likely worst-case construction noise scenario during grading assumes the use of a grader, a dozer, two (2) excavators, two (2) backhoes, and a scraper operating at 290 feet from the nearest sensitive receptor (north residences). Assuming a usage factor of 40 percent for each piece of equipment, unmitigated noise levels at 290 feet have the potential to reach 70 dBA Leq and 74 dBA Lmax at the nearest sensitive receptors during grading. Noise levels for the other construction phases would be lower and range between 63 to 66 dBA. La Quinta Village SPA No. 3 IS/MND 53 MaFeh August 2023 263 3 ENVIRONMENTAL EVALUATION Off -Site Traffic Noise Analysis Traffic generated by the operation of the Project will influence traffic noise levels in surrounding off-site areas. As previously mentioned, the Project is anticipated to generate approximately 2,079 average daily trips. The modeling is theoretical and does not take into account any existing barriers, structures, and/or topographical features that may further reduce noise levels. Therefore, the levels are shown for comparative purposes only to show the difference in with and without project conditions. In addition, the noise contours for 60, 65 and 70 dBA CNEL were calculated. The potential off-site noise impacts caused by an increase of traffic from operation of the proposed project on the nearby roadways were calculated for the following scenarios: Existing without Project and Existing with Project. Table 8 compares the two scenarios and shows the change in traffic noise levels as a result of the proposed Project. It takes a change of 3 dB or more to hear a perceptible difference. Table 8 Off -Site Traffic Noise Levels As shown on Table 8, the maximum change in noise level generated from the Project is 0.2 dBA. Therefore, noise impacts to off-site receptors due to Project -generated trips would be less than significant. On -Site Traffic Noise Analysis Traffic noise from the local roadway network was evaluated and compared to the City's noise compatibility matrix. Per the City's Land Use Compatibility (LQMC Section 9.100.210), multi -family residential is conditionally acceptable up to 65 dBA CNEL. As shown in Table 5 of Appendix D, traffic 70 dBA CNEL noise projections from Washington Street will reach up to 173 feet from the centerline of the roadway. Residential structures are located approximately 180 feet away from Washington Street centerline and fall within the 70 to 65 dBA CNEL contour of the roadway and are located within the conditionally acceptable region for multiple -family residential. In order to ensure interior levels of 45 dBA CNEL, all residential windows would be designed with sound transmission class (STC) ratings of 28 to achieve a 25 dB reduction, as described in Mitigation Measure N0I-1, below. With implementation of Mitigation Measure N0I-1, on-site traffic noise would be reduced to a less than significant impact. b. Less than Significant Impact The Project does not propose or require uses or activities that would be considered substantive sources of on-going vibration. For the purposes of this analysis, and to substantiate whether the Project would result in "exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels," applicable criteria developed by the California Department of Transportation (Caltrans) were employed. The Caltrans Transportation and Construction Vibration Guidance Manual indicates that received vibration levels of 0.10 Peak Particle Velocity (PPV) (equal to 0.071 Root Mean Square Amplitude [RMS]) could be strongly perceptible (Caltrans La Quinta Village SPA No. 3 IS/MND 54 MaFeh August 2023 264 CNEL at 60 Feet dBA 1,2 Change Existing Existing potential Segment Without With in Significant Roadway Project Project Noise Impact Level Washington St Eisenhower Dr to Avenue 50 69.7 69.9 0.2 No Avenue 50 Washington St to Jefferson St 67.6 1 67.7 1 0.1 No Notes: Exterior noise levels calculated at 5 feet above ground level. z Noise levels calculated from centerline of subject roadway. As shown on Table 8, the maximum change in noise level generated from the Project is 0.2 dBA. Therefore, noise impacts to off-site receptors due to Project -generated trips would be less than significant. On -Site Traffic Noise Analysis Traffic noise from the local roadway network was evaluated and compared to the City's noise compatibility matrix. Per the City's Land Use Compatibility (LQMC Section 9.100.210), multi -family residential is conditionally acceptable up to 65 dBA CNEL. As shown in Table 5 of Appendix D, traffic 70 dBA CNEL noise projections from Washington Street will reach up to 173 feet from the centerline of the roadway. Residential structures are located approximately 180 feet away from Washington Street centerline and fall within the 70 to 65 dBA CNEL contour of the roadway and are located within the conditionally acceptable region for multiple -family residential. In order to ensure interior levels of 45 dBA CNEL, all residential windows would be designed with sound transmission class (STC) ratings of 28 to achieve a 25 dB reduction, as described in Mitigation Measure N0I-1, below. With implementation of Mitigation Measure N0I-1, on-site traffic noise would be reduced to a less than significant impact. b. Less than Significant Impact The Project does not propose or require uses or activities that would be considered substantive sources of on-going vibration. For the purposes of this analysis, and to substantiate whether the Project would result in "exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels," applicable criteria developed by the California Department of Transportation (Caltrans) were employed. The Caltrans Transportation and Construction Vibration Guidance Manual indicates that received vibration levels of 0.10 Peak Particle Velocity (PPV) (equal to 0.071 Root Mean Square Amplitude [RMS]) could be strongly perceptible (Caltrans La Quinta Village SPA No. 3 IS/MND 54 MaFeh August 2023 264 3 ENVIRONMENTAL EVALUATION Transportation and Construction Vibration Guidance Manual (Caltrans) September 2013, p. 38). For the purposes of this analysis, received vibration levels exceeding 0.10 PPV (0.071 RMS) would be considered potentially significant. Ground borne vibration levels resulting from construction activities occurring within the Project site were estimated by using data published by the Federal Transit Administration (FTA). Typical Project construction equipment would generate vibration levels of 0.003 PPV (small bulldozer) to 0.089 PPV (larger bulldozer) as measured at 25 feet. As with received noise levels, received vibration levels attenuate with distance. In general, manmade ground -borne vibrations attenuate rapidly with distance from the source. At a distance of 290 feet, a large bulldozer would yield a worst-case 0.006 peak particle velocity (PPV) (in/sec) which is below the threshold of perception and any risk of damage. Therefore, the Project would not result in or cause exposure of persons to, or generation of, excessive ground borne vibration or ground borne noise. Impacts would be less than significant. C. No Impact The nearest airport to the Project site is the Bermuda Dunes Airport, located approximately 4.1 miles northeast of the Project site. The Project site is not located within the airport influence area boundary. Furthermore, the noise compatibility contours provided in the Riverside County Airport Land Use Compatibility Plan (RCALUCP) show that the Project site is outside of the 65 dBA CNEL noise contour for the Bermuda Dunes Airport. Therefore, the Project would not expose people residing or working in the Project area to excessive noise levels associated with airports. No impact would occur. 3.13.4 Mitigation N0I-1 Prior to building permit issuance, the Project Applicant shall ensure all residential windows be designed with sound transmission class (STC) 28 to achieve a 25 dB reduction. 3.13.5 Level of Significance after Mitigation With implementation of Mitigation Measure N0I-1, all Project -related noise impacts would be reduced to less - than -significant levels. 3.14 Population and Housing 3.14.1 Sources • United States Census Bureau, Quickfacts. July 1, 2021. https://www.census.gov/quickfacts/fact/table/laguintacitycaIifornia/PST045219 3.14.2 Environmental Setting According to the United States Census Bureau, the City of La Quinta had a population of 37,558 in 2020, and the population increased by 0.2% from 2010. The number of households from 2016-2020 was 16,292 with an average household size at 2.55 persons per household. La Quinta Village SPA No. 3 IS/MND 55 MaFeh August 2023 265 3 ENVIRONMENTAL EVALUATION 3.14.3 Impacts a. Less than Significant Impact. The Project Applicant proposes the future development of 24-252 residences on 14.03 acres of undeveloped land. According to the United States Census Bureau, the person per household from 2016-2020 in the City of La Quinta is 2.55, which calculates to an estimate of 724 residents. This only leads to a negligible increase in population and is consistent with current population growth projections. Furthermore, the Project site is surrounded to the north and west by residential homes and would be accessible via existing roads and infrastructure. No roads or infrastructure would need to be extended to serve the Project. Because the anticipated increase in population based on the proposed residences would be negligible, within current population growth projections, and induced population growth is also expected to be negligible. Therefore, impacts would be less than significant. b. No Impact. The proposed development of 2S4252 residences would take place on a vacant parcel. No structures or housing will be eliminated as a result of the Project and no persons would be displaced. Therefore, there would be no impacts relating to the displacement of people or housing. 3.14.4 Mitigation No mitigation is required. 3.14.5 Level of Significance after Mitigation Not applicable. 3.15 Public Services 3.15.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.loquintaca.govlhomelshowpublisheddocument/15858/635338594527270000 La Quinta Village SPA No. 3 IS/MND 56 MaFeh August 2023 266 Potentially Less than Less than Significant Significant with Significant No Impact p Mitigation Impact p Impact Incorporated POPULATION AND HOUSING —Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes ❑ ❑ ® ❑ and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement ❑ ❑ El housing elsewhere? a. Less than Significant Impact. The Project Applicant proposes the future development of 24-252 residences on 14.03 acres of undeveloped land. According to the United States Census Bureau, the person per household from 2016-2020 in the City of La Quinta is 2.55, which calculates to an estimate of 724 residents. This only leads to a negligible increase in population and is consistent with current population growth projections. Furthermore, the Project site is surrounded to the north and west by residential homes and would be accessible via existing roads and infrastructure. No roads or infrastructure would need to be extended to serve the Project. Because the anticipated increase in population based on the proposed residences would be negligible, within current population growth projections, and induced population growth is also expected to be negligible. Therefore, impacts would be less than significant. b. No Impact. The proposed development of 2S4252 residences would take place on a vacant parcel. No structures or housing will be eliminated as a result of the Project and no persons would be displaced. Therefore, there would be no impacts relating to the displacement of people or housing. 3.14.4 Mitigation No mitigation is required. 3.14.5 Level of Significance after Mitigation Not applicable. 3.15 Public Services 3.15.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.loquintaca.govlhomelshowpublisheddocument/15858/635338594527270000 La Quinta Village SPA No. 3 IS/MND 56 MaFeh August 2023 266 3 ENVIRONMENTAL EVALUATION 3.15.2 Environmental Setting Fire Protection Services Fire protection is provided through a contract with the Riverside County Fire Department. There are three City - owned fire stations, each staffed with full-time paid and volunteer firefighters: Fire Station No. 32 at 78-111 Avenue 52; Fire Station No. 70 at 54001 Madison Street; and Fire Station No. 93 at 44-555 Adams Street. Emergency response in the City is also available through Riverside County Fire Department stations in other cities. These include Station No. 55, located in Indian Wells; Station No. 88, in Indio; and Station No. 39, located at the Desert Resorts Airport, east of the City's eastern Sphere of Influence. County Fire dispatches all calls through its centralized Emergency Command Center, where responding stations are determined based on location and need. Average Fire Department response times are between 5 and 7 minutes. La Quinta has an Insurance Service Office (ISO) of 4, based on a scale of 1 through 10, with 1 being the highest rating. Ratings are reviewed periodically. A variety of criteria are used to determine the ISO rating, such as staffing levels, response times, safety history and building code standards. Police Protection Services Police protection services are provided through contract with the Riverside County Sheriff's Department. Riverside County Sheriff's Station is located at 86-625 Airport Boulevard, Thermal, CA 92274. The Civic Center Community Policing Office is located at 78-495 Calle Tampico, La Quinta, CA 92253. Schools There are two school districts providing public education to students in kindergarten through 12th grade in La Quinta: Desert Sands Unified School District (DSUSD) and Coachella Valley Unified School District (CVUSD). Developers are required to pay school mitigation fees for residential and commercial development, which includes the proposed Project. Parks The City of La Quinta currently operates 11 City parks, the Civic Center Campus, and three nature preserve areas. The City of La Quinta also contains one public and 22 privately owned and operated golf courses, seven of which are open and available for public use. The City of La Quinta's designated recreational open space totals approximately 5,259 acres. DeseFt-Sa-ge,La__Quinta Village SPA No. 3 IS/MND 57 MaFeh August 2023 267 3 ENVIRONMENTAL EVALUATION 3.15.3 Impacts a -i. Less than Significant Impact Fire protection services in La Quinta are provided through a contract with the Riverside County Fire Department (RCFD). The nearest fire station (No. 32) is located at 78-111 Avenue 52, approximately 1.0 -mile southwest from the Project site. Based on the Project site's proximity to the existing fire station, the Project would be adequately served by fire protection services and no new or expanded unplanned facilities would be required. Additionally, the Project would feature fire safety and fire suppression activities, including type of building construction, fire sprinklers, a fire hydrant system, and paved access. The La Quinta Fire Department and/or RCFD will review and approve Project plans to ensure all applicable fire standards and regulations are met. In addition, the Development Impact Fees paid for the project will fund this project's "fair -share" of capital Improvements for Fire that are needed from this development. Therefore, impacts associated with fire protection services would be less than significant. a -ii. Less than Significant Impact The La Quinta Police Department serves under contract by the Riverside County Sheriff's Department. The Community Policing Office is located at 78-495 Calle Tampico, which is located approximately 0.5 -mile southwest from the Project site. Based on the Project site's proximity to the existing police station and the Sherriff's Thermal Sub -Station, the Project would be adequately served by police protection services and no new or expanded unplanned facilities would be required. The La Quinta Police Department, through the Riverside County Sheriff Department, will review and approve Project plans to ensure all applicable police standards and regulations are met. In addition, the Development Impact Fees paid for the project will fund this project's "fair -share" of capital Improvements for police that are needed from this development. Therefore, impacts associated with police protection services would be less than significant. a -iii. Less than Significant Impact The nearest school is Harry S Truman Elementary, which is located approximately 0.2 -mile east of the Project site at 78870 Avenue 50. The addition of the future 2-84252 homes would not significantly increase the number of students within nearby schools. The Project is La Quinta Village SPA No. 3 IS/MND 58 MaFeh August 2023 268 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire Protection? ❑ ® ❑ ii) Police Protection? LLJ iii) Schools? LLJ iv) Parks? LLJ V) Other public facilities? ❑ ❑ ® ❑ a -i. Less than Significant Impact Fire protection services in La Quinta are provided through a contract with the Riverside County Fire Department (RCFD). The nearest fire station (No. 32) is located at 78-111 Avenue 52, approximately 1.0 -mile southwest from the Project site. Based on the Project site's proximity to the existing fire station, the Project would be adequately served by fire protection services and no new or expanded unplanned facilities would be required. Additionally, the Project would feature fire safety and fire suppression activities, including type of building construction, fire sprinklers, a fire hydrant system, and paved access. The La Quinta Fire Department and/or RCFD will review and approve Project plans to ensure all applicable fire standards and regulations are met. In addition, the Development Impact Fees paid for the project will fund this project's "fair -share" of capital Improvements for Fire that are needed from this development. Therefore, impacts associated with fire protection services would be less than significant. a -ii. Less than Significant Impact The La Quinta Police Department serves under contract by the Riverside County Sheriff's Department. The Community Policing Office is located at 78-495 Calle Tampico, which is located approximately 0.5 -mile southwest from the Project site. Based on the Project site's proximity to the existing police station and the Sherriff's Thermal Sub -Station, the Project would be adequately served by police protection services and no new or expanded unplanned facilities would be required. The La Quinta Police Department, through the Riverside County Sheriff Department, will review and approve Project plans to ensure all applicable police standards and regulations are met. In addition, the Development Impact Fees paid for the project will fund this project's "fair -share" of capital Improvements for police that are needed from this development. Therefore, impacts associated with police protection services would be less than significant. a -iii. Less than Significant Impact The nearest school is Harry S Truman Elementary, which is located approximately 0.2 -mile east of the Project site at 78870 Avenue 50. The addition of the future 2-84252 homes would not significantly increase the number of students within nearby schools. The Project is La Quinta Village SPA No. 3 IS/MND 58 MaFeh August 2023 268 3 ENVIRONMENTAL EVALUATION required to pay the State mandated school impact fees which would assist in mitigating impacts to schools. Therefore, this fee would assure that impacts would be less -than -significant levels. a -iv. Less than Significant Impact The City of La Quinta requires new developments to dedicate land for recreational purposes or pay in -lieu fees and payment of Development Impact Fees. The Project would result in a negligible population increase and a negligible demand for park facilities. Therefore, this fee will assure that the impacts to City parks would be less than significant. a -v. Less than Significant Impact The Project would result in less than significant impacts to other public facilities. It is not expected that the Project would result in an increase in population that would require the provision of additional public facilities within the City of La Quinta. Access to the Project site is provided by existing roads and would connect to existing utility infrastructure. New public roads or public transportation facilities, or other public facilities, are not required. Regardless of the negligible impact to public services, the Development Impact Fees will be paid for the Project which will fund this project's "fair -share" of capital Improvements for other public facilities that are needed from this development. Therefore, impacts would be less than significant. 3.15.4 Mitigation No mitigation is required. 3.15.5 Level of Significance after Mitigation Not applicable. 3.16 Recreation 3.16.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.lapuintaca. pov/home/showpublisheddocument/15858/635338594527270000 3.16.2 Environmental Setting The City of La Quinta currently operates 11 City parks, the Civic Center Campus, and three nature preserve areas. La Quinta's three nature preserves are also available for public recreation, as they all contain trails for hiking and bicycling. There are also a number of public pocket parks located within existing subdivisions. La Quinta is home to one public and 22 privately owned and operated golf courses, seven of which are open and available for public use. La Quinta's designated recreational open space totals approximately 5,259 acres. La Quinta Village SPA No. 3 IS/MND 59 MaFeh August 2023 269 3 ENVIRONMENTAL EVALUATION 3.16.3 Impacts a/b. Less than Significant Impact. The Project's development of X4252 dwelling units would result in a negligible population increase and a negligible demand for park facilities. Since the Project will provide a pickleball court, pool and spa, barbeque areas, tot lot, multiple open recreational spaces, and a dog park, there is a low potential for the Project to increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur, as well as a low potential for construction or expansion of recreational facilities which may have an adverse physical effect on the environment. Furthermore, because the Project is consistent with the existing land use and zoning designation, the City's General Plan has already accommodated for the new residents from this Project. Therefore, the Project would have a less than significant impact on recreational facilities within the City. 3.16.4 Mitigation No mitigation required. 3.16.5 Level of Significance after Mitigation Not applicable. 3.17 Transportation 3.17.1 Sources • Integrated Engineering Group, Troutdale Village Transportation Analysis, December 2021. (Appendix E) • Integrated Engineering Group, Troutdale Village Transportation Analysis, April 2023. (Appendix H) 3.17.2 Environmental Setting The Project trip generation was calculated using the ITE Trip Generation Manual (10th Edition). It is estimated that the Project would generate 1,684 total daily trips, 109 AM peak hour trips and 134 PM peak hour trips. Project trip distribution and assignment were developed in coordination with the City of La Quinta staff based on the land use characteristics of the proposed Project and surrounding area, existing travel patterns within DeseFt geLa Quinta Village SPA No. 3 IS/MND 60 MaFGh-August 2023 270 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a/b. Less than Significant Impact. The Project's development of X4252 dwelling units would result in a negligible population increase and a negligible demand for park facilities. Since the Project will provide a pickleball court, pool and spa, barbeque areas, tot lot, multiple open recreational spaces, and a dog park, there is a low potential for the Project to increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur, as well as a low potential for construction or expansion of recreational facilities which may have an adverse physical effect on the environment. Furthermore, because the Project is consistent with the existing land use and zoning designation, the City's General Plan has already accommodated for the new residents from this Project. Therefore, the Project would have a less than significant impact on recreational facilities within the City. 3.16.4 Mitigation No mitigation required. 3.16.5 Level of Significance after Mitigation Not applicable. 3.17 Transportation 3.17.1 Sources • Integrated Engineering Group, Troutdale Village Transportation Analysis, December 2021. (Appendix E) • Integrated Engineering Group, Troutdale Village Transportation Analysis, April 2023. (Appendix H) 3.17.2 Environmental Setting The Project trip generation was calculated using the ITE Trip Generation Manual (10th Edition). It is estimated that the Project would generate 1,684 total daily trips, 109 AM peak hour trips and 134 PM peak hour trips. Project trip distribution and assignment were developed in coordination with the City of La Quinta staff based on the land use characteristics of the proposed Project and surrounding area, existing travel patterns within DeseFt geLa Quinta Village SPA No. 3 IS/MND 60 MaFGh-August 2023 270 3 ENVIRONMENTAL EVALUATION the study area, anticipated travel patterns to and from the Project site, and approved projects located in the vicinity of the Project site. Per the City of La Quinta VMT Analysis Policy (June 2021), the Project qualifies for the small project screening criterion as an affordable housing project. The SunLine Transit Agency (STA) is the main transit agency servicing the City of La Quinta. Currently, STA operates Route 7 within the vicinity of the project. Route 7 operates seven days a week and connects to Indian Wells and Palm Desert north of the site. Weekday and weekend service frequency is 90 minutes. Bus stops for Route 7 are currently located at the northeast corner of the intersection of Washington Street and Avenue 50 for northbound service and at the southwest corner for southbound service. Pedestrian accessibility and connectivity from the Project site to these bus stops is provided along the east and west sides of Washington Street with signalized crossings at the intersection where the bus stops are located. Pedestrian crosswalks are generally provided at signalized intersections along Washington Street with sidewalks on the east side. Buffered Class II bike lanes are provided in both directions along Washington Street and along the south side along Avenue 50, east of the Project site. 3.17.3 Impacts a. Less than Significant Impact. Trip generation represents the amount of traffic which is both attracted to and produced by a development. The Project's Traffic Report (Appendix E) utilized the trip generation rates for multi -family housing for low-rise and mid -rise homes provided in the Institute of Engineers Trip Generation Manual 10th Edition. As shown in the modeling conducted by IEG, through use of the ITE trip generation rates, the Project is anticipated to generate approximately 1,684 total daily trips, 109 AM peak hour trips, and 134 PM peak hour trips. IEG conducted analyses for two scenarios: Existing Conditions (2021), Project Completion Year (2023) (Existing Plus Ambient Plus Project) Conditions, Cumulative (Existing Plus Ambient Plus Cumulative Plus Project) Conditions. As shown in Table 9, Existing Conditions (2021) Intersection Analysis, all analyzed intersections are operating at an acceptable LOS under Existing Year (2021) Conditions. Therefore, no improvements are required La Quinta Village SPA No. 3 IS/MND 61 MaFeh August 2023 271 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated TRANSPORTATION — Would the project: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, ❑ ❑ ® ❑ roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with ❑ CEQA Guidelines section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access a. Less than Significant Impact. Trip generation represents the amount of traffic which is both attracted to and produced by a development. The Project's Traffic Report (Appendix E) utilized the trip generation rates for multi -family housing for low-rise and mid -rise homes provided in the Institute of Engineers Trip Generation Manual 10th Edition. As shown in the modeling conducted by IEG, through use of the ITE trip generation rates, the Project is anticipated to generate approximately 1,684 total daily trips, 109 AM peak hour trips, and 134 PM peak hour trips. IEG conducted analyses for two scenarios: Existing Conditions (2021), Project Completion Year (2023) (Existing Plus Ambient Plus Project) Conditions, Cumulative (Existing Plus Ambient Plus Cumulative Plus Project) Conditions. As shown in Table 9, Existing Conditions (2021) Intersection Analysis, all analyzed intersections are operating at an acceptable LOS under Existing Year (2021) Conditions. Therefore, no improvements are required La Quinta Village SPA No. 3 IS/MND 61 MaFeh August 2023 271 3 ENVIRONMENTAL EVALUATION Table 9 Existing Conditions (2021) Intersection Analysis Intersection Intersection Control Existing Conditions Delay (a) LOS (b) AM/PM Peak 1. Washington Street & Avenue 50 Signalized 20.7/16.4 C/B 2. Washington Street & Eisenhower Drive Signalized 15.0/13.7 B/B 3. Washington Street & Avenue 48 Signalized 13.2/11.9 B/B Notes: (a) Delay refers to the average control delay for the entire intersection, measured in seconds/vehicle. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 10 The second scenario, Project Completion (2023) was analyzed with a two percent annual growth factor for two years applied to the existing counts. As shown in Table 10, Project Completion (2023) Intersection Analysis, all analyzed intersections are operating at an acceptable LOS under Project Completion (2023) conditions. Therefore, no additional improvements are required. Table 10 Project Completion (2023) Intersection Analysis Intersection Existing Conditions Project Completion Conditions Delay (a) LOS (b) Delay (a) LOS (b) AM Peak/PM Peak 1. Washington Street & Avenue 50 20.7/16.4 C/B 22.2/17.4 C/B 2. Washington Street & Eisenhower Drive 15.0/13.7 B/B 16.3/14.7 B/B 3. Washington Street & Avenue 48 13.2/11.9 B/B 14.6/12.7 B/B Notes: (a) Delay refers to the average control delay for the entire intersection, measured in seconds/vehicle. At unsignalized intersections, delay refers to the worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 10 The third scenario analyzed is Cumulative (Existing Plus Ambient Plus Cumulative Plus Project). The Cumulative Conditions traffic volumes were developed by adding cumulative project trips to the Project Completion Conditions traffic volumes. As shown in Table 11, Cumulative Intersection Analysis, all analyzed intersections are operating at an acceptable LOS under Cumulative Conditions. Therefore, no additional improvements are required. La Quinta Village SPA No. 3 IS/MND 62 MaFeh August 2023 272 3 ENVIRONMENTAL EVALUATION Table 11 Cumulative Intersection Analysis Intersection Existing Conditions Cumulative Conditions Delay (a) LOS (b) Delay (a) LOS (b) 1. Washington Street & Avenue 50 20.7/16.4 C/B 22.4/17.7 C/B 2. Washington Street & Eisenhower Drive 15.0/13.7 B/B 16.4/14.8 B/B 3. Washington Street & Avenue 48 13.2/11.9 B/B 14.8/12.8 B/B Notes: (a) Delay refers to the average control delay for the entire intersection, measured in seconds/vehicle. At unsignalized intersection, delay refers to the worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 10 As previously mentioned in Section 3.17.2, STA operates Route 7 within the vicinity of the Project site. Bus stops for Route 7 are currently located at the northeast corner of the intersection of Washington Street and Avenue 50 for northbound service and at the southwest corner for southbound service Pedestrian accessibility and connectivity to and from the Project is provided along the east and west sides of Washington Street with signalized crossings at the intersection where the bus stops are located. Existing bike lanes are located along the Project site's frontage with Washington Street and along the south side of Avenue 50, east of the Project site. The Project would not interfere with the existing bus stops, sidewalks, and bike lanes. In conclusion, the Project would not conflict with the City's General Plan. Therefore, the Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Impacts would be less than significant. b. Less than Significant Impact. CEQA Guidelines Section 15064.3 sets forth guidelines for implementing Senate Bill 743 (SB 743) for reduction of GHG emissions and development of multimodal transportation networks. SB 743 requires amendments to the CEQA Guidelines to provide for an alternative criteria to the LOS methodology for evaluating transportation impacts. Generally, "vehicle miles travelled" or VMT is considered as the most appropriate measurement of transportation impacts. VMT refers to the amount and distance of automobile travel attributable to a project. Per the City of La Quinta VMT Analysis Policy and screening criteria for development projects, the proposed Project, consisting of X4252 multifamily units of which 7-0-74 units are affordable housing units, can be presumed to not have a significant transportation related CEQA impact by qualifying for small and local serving projects screening criteria as affordable housing. Furthermore, as discussed in the GHG section above, the project is estimated to generate less than 3,000 MTCO2e, which also qualifies for screening criteria. Therefore, Project impacts related to VMT would be less than significant. c/d Less than Significant Impact. The types of traffic generated from the Project (i.e., passenger cars) would be compatible with the type of traffic observed along roadways within the Project vicinity under existing conditions. In addition, prior to development of the Project site, the City will review and approve the proposed architectural plans to ensure all proposed improvements within the public right-of-way would be installed in conformance with City Design Standards and that no hazardous transportation design features would be introduced through implementation of the Project. In addition, the Riverside County La Quinta Village SPA No. 3 IS/MND 63 MaFeh August 2023 273 3 ENVIRONMENTAL EVALUATION Fire Department, City Fire Services, and the City Police Department will review the proposed site plan to ensure that all safety design features and measures related to emergency access and geometric design are compliant with existing standards prior to final Project approval. Accordingly, the Project would not create or substantially increase safety hazards due to a design feature or incompatible use or result in inadequate emergency access. Impacts would be less than significant. 3.17.4 Mitigation No mitigation is required. 3.17.5 Level of Significance after Mitigation Not applicable. 3.18 Tribal Cultural Resources 3.18.1 Sources PaleoWest, Cultural Resource Investigation in Support of the Troutdale Village Project, April 25, 2022. (Appendix C) AB 52 Tribal Consultation Letters 3.18.2 Environmental Setting The Project site is situated east of the Peninsular Ranges in the southern extent of the Coachella Valley at the western edge of the Colorado Desert. The Coachella Valley is bordered by the San Jacinto and Santa Rosa mountains (part of the Peninsular Ranges) to the southwest and by the low, rolling Indio and Mecca hills to the northeast. From the steep slopes of the San Jacinto Mountains, the desert floor descends suddenly at less than 3 kilometers (2 miles) eastward to sea level in the city of Indio, where the Project site is located. PaleoWest contacted the Native American Heritage Commission (NAHC) on October 19, 2021, for a review of the sacred lands file (SLF). The NAHC responded on November 30, 2021, stating that the SLF was completed with negative results; however, the NAHC requested that 16 individuals representing 11 Native American tribal groups be contacted to elicit information regarding cultural resource issues related to the proposed Project. PaleoWest sent outreach letters to the 11 recommended tribal groups on December 21, 2021. These letters were followed up by phone calls on January 12, 2022. To date five Tribes have responded to the notification letters: Soboba Band of Luiseno Indians, Quechan Historic Preservation Department, Los Coyote Band of Cahuilla and Cupeno Indians, Santa Rosa Band of Cahuilla Indians, and Augustine Band of Cahuilla Indians. La Quinta Village SPA No. 3 IS/MND 64 MaFeh August 2023 274 3 ENVIRONMENTAL EVALUATION 3.18.3 Impacts a.i. Less than Significant with Mitigation Incorporated As previously discussed in Section 3.5.3(a) and (b), the Project site contains two previously recorded prehistoric archeological sites, which have been combined by PaleoWest into one resource: 33-001180. The resource likely represents a Late Prehistoric Period habitation site, much of which has been destroyed by development in the surrounding area. PaleoWest concluded after a Phase II investigation that the portion of Site 33-001180 in the Project area does not contribute to the overall eligibility of the site for listing on the CRHR. However, due to the sensitivity in the area, Mitigation Measure CUL -1 would be implemented to ensure historical and archaeological resources would be less than significant. a.ii. Less than Significant with Mitigation Incorporated As previously mentioned in Section 3.18.2, PaleoWest contacted the NAHC on October 19, 2021, for review of the SLF. The NAHC responded on November 30, 2021, stating that the SLF was completed with negative results; however, the NAHC requested that 16 individuals representing 11 Native American tribal groups be contacted to elicit information regarding cultural resource issues related to the Project. PaleoWest sent outreach letters to the 11 recommended tribal groups on December 21, 2021. These letters were followed up by phone calls on January 12, 2022. To date, six Tribes have responded: Soboba Band of Luiseno Indians, Quechan Historic Preservation Department, Los Coyote Band of Cahuilla and Cupeno Indians, Santa Rosa Band of Cahuilla Indians, Augustine Band of Cahuilla Indians, and Morongo Band of Mission Indians. The Soboba Band of Indians stated the Tribe would defer to the Torres -Martinez Desert Cahuilla Indians, the Cabazon Band of Mission Indians, and the Agua Caliente Band of Cahuilla Indians. The Quechan Historic Preservation Department sent an email indicating the Tribe does not wish to comment on the La Quinta Village SPA No. 3 IS/MND 65 MaFeh August 2023 275 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated TRIBAL CULTURAL RESOURCES — Would the project: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of ❑ ® ❑ ❑ historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section ❑ ® ❑ ❑ 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. a.i. Less than Significant with Mitigation Incorporated As previously discussed in Section 3.5.3(a) and (b), the Project site contains two previously recorded prehistoric archeological sites, which have been combined by PaleoWest into one resource: 33-001180. The resource likely represents a Late Prehistoric Period habitation site, much of which has been destroyed by development in the surrounding area. PaleoWest concluded after a Phase II investigation that the portion of Site 33-001180 in the Project area does not contribute to the overall eligibility of the site for listing on the CRHR. However, due to the sensitivity in the area, Mitigation Measure CUL -1 would be implemented to ensure historical and archaeological resources would be less than significant. a.ii. Less than Significant with Mitigation Incorporated As previously mentioned in Section 3.18.2, PaleoWest contacted the NAHC on October 19, 2021, for review of the SLF. The NAHC responded on November 30, 2021, stating that the SLF was completed with negative results; however, the NAHC requested that 16 individuals representing 11 Native American tribal groups be contacted to elicit information regarding cultural resource issues related to the Project. PaleoWest sent outreach letters to the 11 recommended tribal groups on December 21, 2021. These letters were followed up by phone calls on January 12, 2022. To date, six Tribes have responded: Soboba Band of Luiseno Indians, Quechan Historic Preservation Department, Los Coyote Band of Cahuilla and Cupeno Indians, Santa Rosa Band of Cahuilla Indians, Augustine Band of Cahuilla Indians, and Morongo Band of Mission Indians. The Soboba Band of Indians stated the Tribe would defer to the Torres -Martinez Desert Cahuilla Indians, the Cabazon Band of Mission Indians, and the Agua Caliente Band of Cahuilla Indians. The Quechan Historic Preservation Department sent an email indicating the Tribe does not wish to comment on the La Quinta Village SPA No. 3 IS/MND 65 MaFeh August 2023 275 3 ENVIRONMENTAL EVALUATION Project and stated they defer to more local tribes. The Environmental Department of the Los Coyotes Band of Cahuilla and Cupeno Indians responded that they have no information to share and no comment on the Project. The Santa Rosa Band of Cahuilla Indians also stated that the Tribe would like to defer to the closest tribes in that area, Torres -Martinez and Augustine Band of Cahuilla Indians. They further noted that the Tribe does not have any comment regarding the Project. The Morongo Band of Mission Indians stated the Project was not located within the boundaries of the ancestral territory and traditional use area of the Cahuilla and Serrano people of the Morongo Band of Mission Indians. The Augustine Band of Cahuilla Indians stated that they are not aware of any cultural resources that would be impacted by the Project but would like to be informed if any additional resources, beyond the two resources already identified within the Project site, are identified during development of the Project. A representative of the Ramona Band of Cahuilla requested that the letters be resent for review. The letter was resent to the Tribe on January 12, 2022. On January 28, 2022, the Agua Caliente Band of Cahuilla Indians responded stating that the Project site is located within the Tribe's Traditional Use Area and therefore, requested to monitor during Project construction. On April 19, 2022, the Agua Caliente Band of Cahuilla Indians requested a formal government to government consultation under AB -52, a cultural resources inventory by a qualified archaeologist prior to any development activities, a copy of the records search with associated survey reports and site records from the information center, copies of any cultural documentation, a representative from the Agua Caliente Native American Cultural Resource, and an informational meeting with the developer, lead agency, and archaeologist. There was a joint SB18 and AB52 Revie conducted and on July 21, 2022, The Agua Caliente Band of Cahuilla Indians stated the Desert Sage Apartments project had addressed all the Tribals Historic Preservation Office concerns and proper mitigation measures have been proposed to ensure the protections of tribal cultural resources, thus concluding AB52 consultation efforts. With implementation of Mitigation Measure TCR -1, as described below, impacts to tribal cultural resources would be less than significant. 3.18.4 Mitigation TCR -1 Prior to any ground disturbing activities on the Project site, an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present to monitor the site. Should buried cultural deposits be encountered, the Monitor may request destructive construction halt and the Monitor shall notify a qualified Archaeologist 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. 3.18.5 Level of Significance after Mitigation With implementation of Mitigation Measure TCR -1, impacts regarding tribal cultural resources would remain less than significant. La Quinta Village SPA No. 3 IS/MND 66 MaFeh August 2023 276 3 ENVIRONMENTAL EVALUATION 3.19 Utilities and Service Systems 3.19.1 Sources • City of La Quinta, City of La Quinta 2035 General Plan, Adopted February 19, 2013. • City of La Quinta, Draft Environmental Impact Report (SCH #2010111094) for the City of La Quinta General Plan, July 2012. https://www.laguintaca. gov/homelshowpublisheddocument/15858/635338594527270000 3.19.2 Environmental Setting Domestic Water Domestic water for the majority of the City is provided by the Coachella Valley Water District (CVWD). Groundwater is the principal source of municipal water supply in the Coachella Valley. The main groundwater source for the entire valley is the Coachella Valley Groundwater Basin, Indio Subbasin, and the Whitewater River Subbasin. The Whitewater River Subbasin underlies a major portion of the valley floor and encompasses approximately 400 square miles. Wastewater CVWD also provides wastewater and sewage collection and treatment services in the City and Sphere of Influence (SOI). CVWD sewer lines utilize a system of trunk lines ranging in diameter from 4 to 24 inches. There are 18 -inch diameter force mains in Washington Street, Jefferson Street, Madison Street, and Avenues 50, 58, and 60. There are two CVWD wastewater treatment plants that serve La Quinta. Water Reclamation Plant 7 (WRP-7) is located at Madison Street and Avenue 38, northeast of the City in Indio. It provides wastewater treatment for development in the City north of Miles Avenue. The capacity of WRP-7 is 5 million gallons per day (MGD), and the plant processes approximately 2.8 to 3.0 MGD. It has the capacity to expand to 7.5 MGD. The Mid -Valley Water Reclamation Plant (WRP-4), located in Thermal, serves lands in the City and SOI that are located south of Miles Avenue. The Mid -Valley plant has a current capacity of just under 10 MGD, and processes approximately 5 MGD. Solid Waste Solid waste disposal services in the City of La Quinta are provided by the commercial vendor, Burrtec. Solid waste collected from the City of La Quinta residents and businesses is hauled to the Edom Hill Transfer Station in Cathedral City and is then transported to Lambs Canyon in the City of Beaumont. La Quinta Village SPA No. 3 IS/MND 67 MaFeh August 2023 277 3 ENVIRONMENTAL EVALUATION 3.19.3 Impacts a -e. Less than Significant Impact. Domestic Water CVWD provides domestic water services to the Project site. CVWD based its water demand calculations for its UWMP on the City's Anticipated Land Use Plan which the Project will remain consistent with its designated land use. Additionally, the Project would be required to implement all water conservation measures imposed by CVWD under normal and drought conditions over the life of the Project. These include requirements of Executive Order B-29-15, which was issued in 2015 and is still in effect. This Executive Order mandates reductions in water use by 36% in the Coachella Valley. In response to the Executive Order, CVWD has adopted restrictions on water use that include limiting days on which landscaping can be irrigated, a prohibition on the use of fountains or water features, a prohibition on irrigation by any means other than drip or micro -spray systems, and a requirement that hotels offer their guests the option of not having towels and linens laundered daily. Should additional restrictions or regulations be implemented, the Project would be required to comply with them also. No new wells or additional water infrastructure or entitlements will be required. Based on the foregoing, CVWD would be able to fulfill the Project's demand during normal and dry years. Impacts would be less than significant. La Cluinta Village SPA No. 3 IS/MND 68 MaFeh August 2023 278 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated UTILITIES AND SERVICE SYSTEMS — Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or ❑ ❑ ® ❑ telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development ❑ ❑ ® ❑ during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local ❑ ❑ ® ❑ infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid ❑ ❑ ® ❑ waste? a -e. Less than Significant Impact. Domestic Water CVWD provides domestic water services to the Project site. CVWD based its water demand calculations for its UWMP on the City's Anticipated Land Use Plan which the Project will remain consistent with its designated land use. Additionally, the Project would be required to implement all water conservation measures imposed by CVWD under normal and drought conditions over the life of the Project. These include requirements of Executive Order B-29-15, which was issued in 2015 and is still in effect. This Executive Order mandates reductions in water use by 36% in the Coachella Valley. In response to the Executive Order, CVWD has adopted restrictions on water use that include limiting days on which landscaping can be irrigated, a prohibition on the use of fountains or water features, a prohibition on irrigation by any means other than drip or micro -spray systems, and a requirement that hotels offer their guests the option of not having towels and linens laundered daily. Should additional restrictions or regulations be implemented, the Project would be required to comply with them also. No new wells or additional water infrastructure or entitlements will be required. Based on the foregoing, CVWD would be able to fulfill the Project's demand during normal and dry years. Impacts would be less than significant. La Cluinta Village SPA No. 3 IS/MND 68 MaFeh August 2023 278 3 ENVIRONMENTAL EVALUATION Wastewater Wastewater generated from the Project site would be treated at either CVWD's WRP 7 or WRP 4, which contains an excess of 2.0 MGD or 5 MGD, respectively. Implementation of the Project would generate wastewater at a rate of 230 gallons per day per dwelling unit. As the Project includes the development of 2-84252 dwelling units, the Project would generate approximately 65,320 gallons per day of wastewater. Therefore, implementation of the Project would result in an approximately 3.3 percent or 1.3 percent of the total capacity of wastewater treated at WRP 7 or WRP 4, respectively. This increase is considered minimal as these plants currently treat approximately 5 MGD (WRP 7) or 10 MGD (WRP 4) and would not result in a significant impact. StnrmwatPr The City requires on-site retention basins for all new developments to manage surface water flows and reduce runoff from sources such as stormwater and landscape irrigation. The Project complies with this requirement by including two on-site retention basins to ensure stormwater is retained on-site. Additional measures to address onsite stormwater management are described in Section 3.10, Hydrology and Water Quality. Project -related impacts to stormwater management systems are expected to be less than significant. Therefore, impacts would be less than significant. Snlid WattP Solid waste disposal service for the City would be provided by Burrtec, which is required to meet all local, regional, state, and federal standards for solid waste disposal. Implementation of the Project would generate solid waste at a rate of 12.23 pounds per dwelling unit per year. As the Project includes the development of 2-84252 dwelling units, the Project would generate approximately 1.7 tons of solid waste per year. Solid waste generated at the Project site would be transported to the Edom Hill Transfer Station in northern Cathedral City and disposed of at Lamb Canyon Landfill in the City of Beaumont, which has a remaining capacity of 19.2 million cubic yards (2015). Due to the small scale of the Project, the Lamb Canyon Landfill has more than enough capacity to serve the proposed Project. Furthermore, Burrtec is required to meet all local, regional, state, and federal standards for solid waste disposal. Impacts would be less than significant. 3.19.4 Mitigation No mitigation is required. 3.19.5 Level of Significance after Mitigation Not applicable. 3.20 Wildfire 3.20.1 Sources California Department of Forestry and Fire Protection (CAL FIRE), Map of CAL FIRE's Fire Severity Zones in Local Responsibility Areas — Western Riverside County, December 24, 2009. Accessed August 13, 2021 https://osfm.fire. ca. pov/media/6754/fhszl map60.pdf La Quinta Village SPA No. 3 IS/MND 69 MaFeh August 2023 279 3 ENVIRONMENTAL EVALUATION • CAL FIRE, Fire Hazard Severity Zones in SRA, November 7, 2007. Accessed August 31, 2021 https.11osfm.fire.ca.gov/media/6752/fhszs map60.pdf 3.20.2 Environmental Setting The Project site is located within an area of the City that is somewhat developed. According to CAL FIRE maps, the Project site is not located within a very high fire hazard severity zone or a fire hazard severity zone in a State Responsibility Area (SRA). 3.20.3 Impacts The Project site is not located in or near SRA or lands within a very high fire hazard severity zone; therefore, the Project would not exacerbate wildfire hazard risks or expose people or the environment to adverse environmental effects related to wildfires. As such, no impact would occur. 3.20.4 Mitigation No mitigation is required. 3.20.5 Level of Significance after Mitigation Not applicable. 3.21 Mandatory Findings of Significance 3.21.1 Sources All sources previously listed were used to support the conclusions made in this section. La Cluinta Village SPA No. 3 IS/MND 70 MaFeh August 2023 280 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated WILDFIRE — If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response ❑ ❑ ❑ plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project ❑ ❑ ❑ occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or ❑ landslides, as a result of runoff, post -fire slope instability, or drainage changes? The Project site is not located in or near SRA or lands within a very high fire hazard severity zone; therefore, the Project would not exacerbate wildfire hazard risks or expose people or the environment to adverse environmental effects related to wildfires. As such, no impact would occur. 3.20.4 Mitigation No mitigation is required. 3.20.5 Level of Significance after Mitigation Not applicable. 3.21 Mandatory Findings of Significance 3.21.1 Sources All sources previously listed were used to support the conclusions made in this section. La Cluinta Village SPA No. 3 IS/MND 70 MaFeh August 2023 280 3 ENVIRONMENTAL EVALUATION 3.21.2 Environmental Setting The environmental setting for the project site is summarized within Sections 2.1 through 2.20 of the Initial Study for each environmental issue. 3.21.3 Impacts a. Less than Significant with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this Initial Study. Throughout this Initial Study, where impacts were determined to be potentially significant, mitigation measures have been imposed to reduce those impacts to less than significant. Accordingly, with incorporation of the mitigation measures imposed throughout this Initial Study, the Project would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Impacts would be reduced to less than significant levels with mitigation incorporated. b. Less than Significant with Mitigation Incorporated. The environmental evaluation of this Initial Study concluded that, with adherence to all mitigation measures, the Project's cumulatively considerable impacts would be mitigated to less than significant levels. c. Less than Significant with Mitigation Incorporated. The Project could result in environmental impacts to humans directly or indirectly. All Project environmental impacts would be less than significant or less than La Quinta Village SPA No. 3 IS/MND 71 MaFeh August 2023 281 Potentially Less than Less than Significant Significant with Significant No Impact Mitigation Impact Impact Incorporated MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ❑ ® ❑ ❑ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection ❑ ® ❑ ❑ with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, ❑ ® ❑ ❑ either directly or indirectly? a. Less than Significant with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this Initial Study. Throughout this Initial Study, where impacts were determined to be potentially significant, mitigation measures have been imposed to reduce those impacts to less than significant. Accordingly, with incorporation of the mitigation measures imposed throughout this Initial Study, the Project would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Impacts would be reduced to less than significant levels with mitigation incorporated. b. Less than Significant with Mitigation Incorporated. The environmental evaluation of this Initial Study concluded that, with adherence to all mitigation measures, the Project's cumulatively considerable impacts would be mitigated to less than significant levels. c. Less than Significant with Mitigation Incorporated. The Project could result in environmental impacts to humans directly or indirectly. All Project environmental impacts would be less than significant or less than La Quinta Village SPA No. 3 IS/MND 71 MaFeh August 2023 281 3 ENVIRONMENTAL EVALUATION significant with mitigation incorporated. The Project would, therefore, not result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. 3.21.4 Mitigation 113I0-1 Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three (3) days prior to vegetation removal or ground -disturbing activities. Pre - construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre - construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and should be at least 300 feet for passerines and 500 feet for raptors and birds -of -prey. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Prosect -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). If ^^••^irJAhIe PFe ^^+ eenstFuetien aetivities must begin duFing the nesting biFd seasen (FebFu@Fy ist thFeugh August 31st), a pFe eenstFuetien nesting biFd suFvey Shall -he ee-Ind-ur-Aed- Ine Imle-Ire than 14 days pFieF te initi.atie—P ef. Ceunty. The nesting bird survey shall be ce-nduraed en feet in -side the preject beundary, including a -30-0- feet -h---4er fer passeFiRes (SE)RgbiFdS) and a 5()() fA-A-* -h'-'ffeF fA-F PaptE)FS OR aFP -a-1; A -f sluffitab'P hAhitat beHRdaFy. if a Fapter nest i-,; Ah';P.rvPd i.p. a tFee pFepe-sed fA-.r relmleval, the applicaRt FRust eE)nr- -it with 113I0-2 Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Vallev Multiale Saecies Habitat Conservation Plan (CVMSHCP) and its associated Imalementine Aereement and shall ensure the collection of aavment of the CVMSHCP Local Development Mitigation Fee.The Applicant shall pay the CVMSHCP i ^ al Deyel^rm ent Mitigation C„^ CUL -1 A qualified archaeologist monitor shall be present during any ground disturbing activities during the project construction phase. In the case that archaeological materials are encountered during ground disturbing activities, work in the area shall cease and any deposits shall be treated according to Federal, State, and local guidelines. No further grading is permitted in the area of the discovery until the City approves the appropriate measure to protect the discovered resources. DeseFt geLa Quinta Village SPA No. 3 IS/MND 72 August 2023 282 3 ENVIRONMENTAL EVALUATION CUL -2 In the event that human remains are uncovered during ground disturbing activities on the project site, no further disturbance shall occur, and all work shall cease until the County Coroner has made a determination of the origin and disposition of the remains. Ground disturbing activities and excavations shall not resume until the following has been addressed: 1. The County Coroner has been contacted and determined that no investigation to the cause of death is required, and If the County Coroner determines that the remains are of Native American decent, the Coroner must notify Native American Heritage Commission (NAHC), which will then determine the Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. GEO-1 Prior to the start of the proposed Project activities, all field personnel will receive a worker's environmental awareness training on paleontological resources. The training will provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the paleontological monitor, outlines steps to follow in the event that a fossil discovery is made and provides contact information for the Project Paleontologist. The training will be developed by the Project Paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. GEO-2 Prior to the commencement of ground -disturbing activities, a professional paleontologist will be retained to prepare and implement a PRMMP for the proposed Project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments and the location of areas deemed to have a high paleontological resource potential. Part-time monitoring, or spot checking, may be required during shallow ground -disturbances (< 10 feet below ground surface) to confirm that sensitive geologic units are not being impacted. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. GEO-3 In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following: Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the Project Paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the paleontologist should have the authority to temporarily direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project -related excavations. Upon completion of fieldwork, La Quinta Village SPA No. 3 IS/MND 73 MaFeh August 2023 283 3 ENVIRONMENTAL EVALUATION all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. GEO-4 Upon completion of ground disturbing activity (and curation of fossils if necessary) the Project Paleontologist should prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. TCR -1 Prior to any ground disturbing activities on the Project site, an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present to monitor the site. Should buried cultural deposits be encountered, the Monitor may request destructive construction halt and the Monitor shall notify a qualified Archaeologist 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. 3.21.5 Level of Significance after Mitigation With incorporation of the above-mentioned mitigation measures, all Project -related impacts in regard to Mandatory Findings of Significance would be reduced to less than significant. La Quinta Village SPA No. 3 IS/MND 74 MaFeh August 2023 284 5 REFERENCES Chapter 4 Report Preparers Lead Agency Carlos Flores, Senior Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 The Altum Group Rich Malacoff, AICP Subconsultants Air Quality, Energy, Greenhouse Gas Emissions, Noise Mike Dickerson, INCE, Principal — MD Acoustics Tyler Klassen, Air Quality Specialist — MD Acoustics Francisco Irarrazabal, Acoustical Consultant— MD Acoustics Biological Resources Travis McGill, Director — ELMT Consulting Cultural Resources Roberta Thomas, Senior Archaeologist, M.A., RPA — PaleoWest Archaeology Hydrology, WQMP Benjamin Egan, PE, PLS, Engineer — Egan Civil, Inc. Transportation, VMT George Ghossain, PE, MSCE, MPA, Principal Engineer— Integrated Engineering Group La Quinta Village SPA No. 3 IS/MND 75 MaFeh August 2023 285 Responses to Comments RTC -1 OCTOBER 2023 286 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -2 287 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter A Agua Caliente Band of Cahuilla Indians Xitlaly Madrigal, Cultural Resources Analyst March 6, 2023 A-1 The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Troutdale Village project. We have reviewed the documents and have the following comments: *The Mitigated Negative Declaration document included standard mitigation measures to address impacts to cultural resources. We found these measures to be sufficient. Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 423-3485. You may also email me at ACBCI-THPO@aguacaliente.net. A-1 Response: The comment supports the analysis contained in the Draft IS/MND and states the mitigation measures provided for cultural resources is appropriate. The City appreciates ACBCI's review and confirmation of the required mitigation measures. No additional environmental issues under CEQA are raised, and no revisions or changes to the Final IS/MND are required to address or respond to the comment, and no further response is required. RTC -3 OCTOBER 2023 288 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -4 289 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter B Desert Sands Unified School District Patrick Cisneros, Director, Facilities Services March 10, 2023 B-1 This is in response to your request for comments on the above referenced project and its effect on public schools. Please be advised, all actions toward residential and commercial development will result in an impact on our school system. The District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state, and federal budgets that have an impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. B-1 Response: The City acknowledges the comments and agrees that the project would be required to comply with the payment of all statutorily required impact fees, including the school mitigation fee. As stated in the Draft IS/MND, "The Project is required to pay the State mandated school impact fees which would assist in mitigating impacts to schools. Therefore, this fee would assure that impacts would be less - than -significant levels." (Draft IS/MND, pages 57-58) Accordingly, the Draft IS/MND has adequately documented that through regulatory compliance, the project would have a less -than -significant impact on schools and no further analysis or revisions to the Final IS/MND are required. RTC -5 OCTOBER 2023 290 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -6 291 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter C Angie Lafferty March 22, 2023 C-1 I attended the Troutdale presentation yesterday. The following are of great concern: C-1 Response The comment is an introduction to comments which follow. Please refer to Response to Comments C- 2 through C-6, below. C-2 Entering the proposed community traveling south on Washington will require a u -turn at Washington and 50th. Currently, u -turns are not allowed. There will not be a left turn from 50th Ave into Troutdale, a u -turn will be required at 50th and Park Ave. The intersection is already saturated with traffic from the two schools, YMCA and Boys and Girls Club C2 Response The comment restates information regarding the project's access. The comment does not raise a specific issue with respect to the analysis in the Draft IS/MND. Transportation, including consistency with pedestrian and bicycle mobility and compliance with adopted design standards, is addressed in Section 3.17. As analyzed therein, impacts were found to be less than significant. With respect to the implication that U-turns at an existing congested intersection may have an environmental impact, it is noted that such "level of service" issues such as signal delay are no longer considered environmental topics under CEQA. Therefore, because the comment does not raise a specific environmental issue under CEQA, no further response can be provided or is required. C-3 The high density of units and cars/traffic will be detrimental to mental and physical health. C3 Response The comment raises general environmental issues include traffic and physical health, which are addressed in the Sections 3.3, Air Quality, and 3.17, Transportation, of the Draft IS/MND. Because no specific issue with the analysis is raised by the comment, no more specific response can be provided. Please refer to Sections 3.3 and 3.17 of the Draft IS/MND. C-4 The design of complex is not in line with the surrounding community. The three story buildings along 50th Ave will block the view of our majestic mountains. I believe it is in the City's plan to protect our views? C4 Response The proposed project has been revised to reduce the maximum proposed building height from 40' to 28', down from three -stories to two -stories. underlying zone. RTC -7 OCTOBER 2023 292 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS C-5 Per the LQ General Plan - In 2009 CVWD reported that a total of 160,000 acre ft of water was pumped over water replenishment, resulting in an overdraft of 23,912 acre-feet, in the Lower Whitewater subbasin, which serves the City and other communities in the eastern Coachella Valley. Is there a recent report, I would imagine there has been a greater amount of overdraft since 2009. The ground water is essential now and for future generations, are we overdeveloping? C5 Response The comment raises an environmental issue, water supply, which is analyzed in Section 3.19, Utilities and Utility Systems, of the Draft IS/MND. As described therein, the Draft IS/MND found that "CVWD would be able to fulfill the Project's demand during normal and dry years. Impacts would be less than significant" because the project is consistent with the underlying land uses assumed in the CVWD's water projects and because the project would be required to comply with all water conservation measures mandated by CVWD. The comment does not raise a specific issue with the analysis in the Draft IS/MND; therefore, no more detailed response can be provided. C-6 Evidently there is a bridge planned for the wash on 50th Ave, if so, wouldn't it make sense to construct the bridge prior to any development with in the area? C6 Response The referenced bridge is not a component of the proposed project and is not subject to the Draft IS/MND. No further response is required. RTC -8 OCTOBER 2023 293 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter D DUNA La Quinta Homeowners Association Keith G. Meyer, President Duna La Quinta HOA No. 1 March 22, 2023 D-1 I am the President of Board of Directors for Duna La Quinta HOA No. 1, which is located on Avenue 50 between Washington Street and Eisenhower Drive. Duna La Quinta includes three HOAs, totaling 184 single family and condominium units. I also am a registered Professional Traffic Engineer in the state of California, having prepared numerous environmental documents and traffic assessments during my career. I have reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) and Transportation Analysis (TA) supporting the Troutdale Village Project and find them to be inadequate in the following areas: D-1 Response The comment serves as an introduction to comments which follow. Please refer to Responses D-2 through D-22, for responsive information. D-2 Simultaneous Approval of Environmental Assessment, General Plan Amendment, Zoning Change, and Specific Plan for the Troutdale Residences. Due to the requested increase in building height from 22 ft to 40 ft in the City Municipal Code, this project would be precedent -setting in the City of La Quinta and would change the character of La Quinta residential communities forever. This alone requires a separate environmental process and public hearing process. It should not be buried within one project. D-2 Response The comment raises issues related to building heights, which is addressed in the Aesthetics section of the Draft IS/MND. The comment does not raise a specific issue with the adequacy of the analysis, rather, it expressed the opinion of the commenter that increasing building heights from 22' to 40' should be analyzed as a separate environmental process. The Aesthetics analysis in the Draft IS/MND analyzes the potential for the project to include building heights up to 40'. However, between the circulation of the Draft IS/MND and preparation of the Final IS/MND, the project has been revised to reduce the maximum building heights to 28' which is permitted within the RMH zoning district. Further, the total number of units has been reduced from 284 to 252 to reduce the bulk and scale of the project. No further analysis is required because the reduction in unit counts and lower buildings heights would reduce impacts compared to the less -than -significant impacts disclosed in the Draft IS/MND. D-3 Violation of City General Plan Image Corridors. Avenue 50 is an "Image Corridor", per the City's General Plan. Threats to the City's scenic image corridors include inappropriate and unattractive land uses. The three-story buildings proposed as part of the project are unacceptable, unlike any surrounding uses, and a violation to this policy. The Specific Plan for the project should be denied as it raises the allowable building height from 22 ft. to 40 ft. We therefore conclude the IS/MND's finding of No Significant Impact is unsupported. RTC -9 OCTOBER 2023 294 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS D-3 Response As analyzed in Section 3.1.1 of the Draft IS/MND, the project proposed to increase building heights from 22' to 40'; however, the project included a Specific Plan that allows for development standards and regulations to be developed for individual sites. As analyzed in the Draft IS/MND," the Project would be required to comply with the applicable development standards and design guidelines in the Troutdale Specific Plan and the City of La Quinta Municipal Code (LQMC), which regulates the visual quality of new development and ensures that new development does not detract from any scenic attributes/qualities in the surrounding area." Further, the Draft IS/MND demonstrates that such building heights, "will not impact the view of the mountains" (as shown in Figure 4 of the Draft IS/MND) and in combination with the Specific Plan and compliance with the LQMC, the project was determined not to conflict with applicable zoning standards and other regulations governing scenic quality. Nonetheless In response, the project has been revised between the circulation of the Draft IS/MND and preparation of the Final IS/MND. Specifically, as described in Response to Comment D-2, the project has been revised to reduce the maximum building heights to 28' which is permitted within the RMH zoning district and the Specific Plan allows for 28' height within Image Corridors. Further, the total number of units has been reduced from 284 to 252 to reduce the bulk and scale of the project. No further analysis is required because the reduction in unit counts and lower buildings heights would reduce impacts compared to the less -than -significant impacts disclosed in the Draft IS/MND. D-4 Study Intersections. Limiting the traffic study to three local intersections is inadequate, since major employment, entertainment and shopping are located north and east, and project traffic will travel to further intersections. The more congested intersections of Avenue 50/Jefferson Street and Highway 111/Washington Street must be included in the analysis. D-4 Response Please refer to Response to Comment D-13 which describes how the Study Area was determined. As described therein, the Study Area was determined based on direction from the City. It is noted that the existing traffic -generated uses are not part of the proposed project; therefore, they would be part of the existingtraffic which is included in the analysis. Finally, the comment raises an issue, intersection level of service, that is no longer considered for purposes of traffic impacts under CEQA. D-5 Background Data Collection is not representative of current existing conditions and thus renders any traffic operation analysis useless. The project TA does not consider peak season special events in La Quinta that have a major impact on area roadways, particularly Washington Street and Avenue 50. D-5 Response Regarding the existing traffic levels, please refer to Response to Comment D-14 through 17, below. Regarding the reference to "peak season events", neither CEQA nor the City of La Quina require that projects analyze all conditions. Further, as noted above, level of service is no longer the applicable RTC -10 OCTOBER 2023 295 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS measure for determining impacts under CEQA. Thus, no further analysis is required and no revisions to the Final IS/MND are required. D-6 Assumptions of Traffic Distribution are arbitrary, not based on empirical evidence, and have significant impact on the traffic forecasts, rendering the current forecasts and traffic operations useless. D-6 Response The traffic distribution was determined by a registered traffic engineer in consultation with the City of La Quinta, in accordance with the City's Traffic Impact Study Guidelines in Engineering Bulletin (EB) 06- 13. The comment has not provided any evidence that the distribution is not correct. D-7 VMT Analysis Exemption. This exemption violates the consultant's own workplan agreement with the City. Not providing this evaluation violates CEQA guidelines, since the development is underserved by transit. D-1 Response Please refer to Response to Comment D-20 which clarifies that the project was analyzed per the City's VMT requirements in EB 06-13 and determined to be exempt. D-8 Lack of Pedestrian and Bicycle Safety Analysis. This evaluation should be included, as pedestrian crossings of Avenue 50 and Washington Street will have a significant impact on traffic signal operations. It is noted that the traffic consultant's signal operations evaluations do not consider any pedestrian activations. The Project's adjacency to Truman Elementary and La Quinta Middle Schools needs to be assessed as to the effects to children walking along the project site, as well as impact to parent dropoff/pickup queues, which can create significant congestion along Avenue 50 and affect signal timing at Washington Street. D-8 Response Preliminarily, the analysis does address the adequacy of pedestrian and bicycle accessibility in accordance with EB 06-13. The project proposes to provide pedestrian paths and bicycle facilities along both property frontages consistent with the City of La Quinta General Plan. Additionally, the project will be constructing a bicycle facility along the south side of Avenue 50. In addition, as explained above, level of service (congestion) is no longer considered for purposes of determining Transportation impacts under CEQA, therefore, the requested analysis is not required for purposes for the IS/MND and no revisions to the Final IS/MND are required. Nonetheless, the traffic analysis does include improvements as described above for multi -modal transportation improvements. D-9 Lack of Street Improvements. It is unconscionable thatthe City would allow a development of this magnitude to occur without bringing Avenue 50 to its full section. The traffic improvement plan, at a minimum, must provide widening of Avenue 50 to the east of Washington Street to the full Primary Arterial Standard. This would allow left RTC -1 1 OCTOBER 2023 296 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS turning traffic to store in the left turn lane and would provide for pedestrian and bicycle safety. Even with these improvements, we are concerned about left turning traffic backing up from the westbound double left turn lanes at Washington Street. In addition, due to excessive speeds along Washington Street, deceleration and acceleration lanes should be provided before and after the Project entrance on the northbound side of Washington Street. This is no different than what has been provided on the southbound side of Washington Street at the entrances to La Quinta Country Club D-9 Response Please refer to Response to Comment D-21, below, which explains that the project is conditioned to provide the required roadway improvements along its entire frontages along Washington Street and Avenue 50. In addition, and as explained above, CEQA no longer provides for impacts to be assessed based on level of surface, therefore, the comment does not address an environmental issue within the meaning of CEQA and no revisions to the Final IS/MND are required. D-10 This project would be precedent -setting and change the character of La Quinta residential communities forever. We urge the City of La Quinta to reject the Environmental Assessment, General Plan Amendment, Zoning Change, and Specific Plan for the Troutdale Residences, and require separate Environmental Impact Statements for the Project and for the Citywide General Plan amendment that would raise building heights in residential communities. D-10 Response The city wishes to clarify that the proposed project includes a Specific Plan that would only apply to the project site, and would not change any citywide building height for residential communities. Implementation of a Specific Plan only covers those particular parcels/properties within the boundaries of that Specific Plan, and the requirements of a Specific Plan can not be applied to other parcels without amending the boundaries of the Specific Plan. With respect to the change in proposed building heights specific to the project site, please see Response to Comments D-2 and D-3, above. D-11 Simultaneous Approval of Environmental Assessment, General Plan Amendment, Zoning Change, and Specific Plan for the Troutdale Residences. In general, it is recommended that environmental clearance be conducted separately for general plan amendments and specific plans, as these two types of plans have different scopes and scales. This allows for a more detailed and comprehensive evaluation of the potential environmental impacts of each project. Due to the General Plan Amendment request to increase building height from 22 ft to 40 ft in the City Municipal Code, this project would be precedent -setting in the City of La Quinta and would change the character La Quinta residential communities forever. This alone would require a separate environmental process and public hearing process. It should not be buried within one project. D-11 Response The comment restates the same comment as Comment D-2. Please refer to Response to Comment D- 2 and D-3, above. In addition, the project description has been revised to eliminate the three-story RTC -12 OCTOBER 2023 297 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS components of the project, resulting in a final project that would be a maximum of 28' and two stories, and the total number of units has been reduced. D-12 Image Corridor Impact. Avenue 50 is an "Image Corridor", per the City's General Plan. Threats to the City's scenic image corridors include inappropriate and unattractive land uses, unattractive or inadequate landscaping, inadequately buffered parking, high walls, and berms that block views, and overhead power lines that degrade views. The City states that "recognizing that these Image Corridors create the sense of place in La Quinta, their protection must always be in the forefront of community and transportation design". The Project IS/MND states "The Project would be compatible with the size, scale, and aesthetic features of other existing homes located to the north, west, and future homes to the south of the Project site. " This statement is clearly false, as there are no two or three-story homes in the vicinity of the Project. The Project IS/MND states "LQMC Section 9.50.020, Height Limits and Setbacks Near Image Corridors, requires a maximum height of 22 feet within the first 150 feet from Avenue 50 and Washington Street. The Specific Plan will provide modified standards that will allow a maximum height of 40 feet." We argue that the project clearly violates the City's General Plan and existing Municipal Code by raising the building height allowance and significantly impacting the views of the mountains along the Avenue 50 corridor. This General Plan Amendment should be separated out due to its City-wide importance. D-12 Response Please refer to Responses to Comments D-2, D-3, D-10 and D-11, above. Further, with respect to the 150' setback from Avenue 50, the project proposes to increase heights to 28' which can be requested in Specific Plan development standards and is proposed as such. D-13 Study Intersections. The Traffic Study includes three Study Area Intersections: 1. Washington Street and Avenue 50 2. Washington Street and Eisenhower Drive 3. Washington Street and Avenue 48 Limiting the traffic study to these three intersections is inadequate, seeing as traffic distributes primarily north and east. Major employment, entertainment and shopping are located north and east, therefore, the more congested intersections of Avenue 50/Jefferson Street and Highway 111/Washington Street must be included in the analysis. D-13 Response The project study area was scoped and approved by the City of La Quinta in accordance with the City of La Quinta General Plan. The revised TA included updated traffic counts, as requested bythe Planning RTC -13 OCTOBER 2023 298 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Commission at the March 28, 2023 Public Hearing, and also added the analysis of intersections of Washington Street and Sagebrush Avenue and Moon River Drive/Park Avenue and Avenue 50. D-14 Background Data Collection. This is the basis for all traffic forecasts and operations. We find the background data collection contained in the TA to be inadequate in both the year and month the data was collected. Given the inaccuracies of the base data, the forecasts and results are not defensible. Traffic data was counted in November 2021. In 2021, the California economy and travel were still recovering after the fall from the peak year of 2019 due to the Covid pandemic. Strong demand for overnight accommodations and increased residential prices led to large gains in visitors to Coachella Valley in 2022 and 2023. This is witnessed by the variation in Palm Springs airport passenger traffic which was 42% higher in 2022 than in 2021. In January 2023, the Palms Springs airport passenger traffic was 42% higher than January 22. This traffic change directly affects Washington Street, Eisenhower Drive and Avenue 50 as they are the gateways to La Quinta Resort, other resorts in La Quinta, and part time residential properties in the area Therefore, the baseline traffic data must be updated to current conditions. D-14 Response The original traffic count data were collected on November 9, 2021 and approved by City staff in accordance with EB 06-13. However, at March 28, 2023 public hearing, La Quinta Planning Commission requested that the Transportation Analysis be updated to reflect new traffic counts consistent with existing conditions. New count data was collected the following week on March 30, 2023, and included in the revised analysis. D-15 In November of each year, the Coachella Valley is not fully occupied with visitors and residents. As a result, traffic volumes on the subject roadways are not as high as they are in February and March, when the valley economy is in full swing, rental properties are full and out of city visitors are in attendance for the season and at special events. This is again witnessed by the variation in Palm Springs airport passenger traffic which was 48% higher in March 2022 than in November 2021. Therefore, the baseline traffic data must be updated to current conditions. D-15 Response Please refer to Response to Comment D-14. D-16 Special Event considerations. There is no discussion of the impact to special events that greatly impact the Washington Street and Avenue 50 corridors, specifically, the Coachella and Stagecoach music festivals, the BNP Open Tennis tournament (because of the relationship to the La Quinta Resort) and the La Quinta Ironman. D-16 Response Special events assessment is not typically included in a project level analysis since these events are considered to be temporary and seasonal in nature, Agencies typically evaluate these types of events RTC -14 OCTOBER 2023 299 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS on a case-by-case basis through the development of appropriate traffic management strategies that adequately addresses and control the temporary increased traffic. D-17 Assumptions of Traffic Distribution. a. The scoping document submitted to City staff proposed that traffic would be distributed as follows: i. 60% to the north on Washington Street ii. 15% to the south on Washington Street iii. 15% to the west on Avenue 50 iv. 10% to the east on Avenue 50 The assumptions used for distribution have no empirical basis. Logic however would suggest that, as a residential development, there is no expectation that any traffic would travel west on Avenue 50 since there are no retail, commercial, entertainment or substantive employment destinations. As a traffic professional and long-time resident of La Quinta, I would estimate that traffic would be more logically distributed to 70% north on Washington, 20% to the east on Avenue 50 and 10% to the south on Washington Street. The traffic consultant should consult the Citywide transportation forecast model as the most defensible source of Origin -Destination distribution. The reason this is important is that access to the development will be right -turn -in and out along Washington and Avenue 50, thus forcing at least 50% of the traffic coming from Washington north to make U-turn at Avenue 50. This will increase the left turn pocket requirements and increasing the signal time allowance for that phase. D-17 Response The trip distribution has been updated and all assumptions were reviewed and approved by City staff in accordance with EB 06-13. D-18 VMT Analysis Exemption. The project Traffic Analysis assumes to not have a significant transportation related CEQA impact by supposedly qualifying for the small project screening criterion as an affordable housing and small project. The affordable housing components of the development are 22%, thus meeting the CEQA threshold of 20% affordable units for exemption. Thus, However, 221 housing units of the project are market rate, and the site is served by low quality transit service (limited to Sunline Transit Route 7) which operates at 90 -minute intervals in either direction. There is no transit service along Avenue 50. As a result, we will argue that the project is NOT exempt from CEQA required VMT impact analysis of the project in accordance with CEQA. Further, the traffic consultant stated in its scoping document with the City, that it "will conduct a VMT assessment per City's revised VMT Guidelines dated June 2021 and submit for City staff review and approval." This was never done and therefore a violation of the agreement with the City. D-18 Response VMT impacts were considered in accordance with the City of La Quinta Vehicle Miles Traveled Analysis Policy (VMT Policy) adopted July 13, 2021 via Planning Commission Resolution 2021-007and incorporated in EB 06-13. The VMT Policy establishes a Small Projects exemption that "applies to projects with low trip generation per existing CEQA exemptions or result in a 3,000 Metric Tons of RTC -15 OCTOBER 2023 300 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Carbon Dioxide Equivalent (MTCO2e) per year screen level threshold" which is based on the Riverside County Climate Action Plan and SCAQMD draft interim guidance for assessing project -level GHG impacts. The Draft IS/MND determines the proposed project would have total annual CO2e emissions of approximately 1,964 MTCO2e, which is below the 3,000 MT CO2e screening threshold. Therefore, VMT Screening Assessment was conducted and included in the traffic report. The Project was concluded to be presumed to have a less than significant impact and is exempt from preparing a full VMT analysis per the City of La Quinta VMT Policy. D-19 Lack of Pedestrian and Bike Analysis. The Transportation Analysis, and indeed the entire IS/MND, is absent any discussion of pedestrian or bicycle flow, safety or impacts to signalization. Assuming 2.5 persons per unit, the addition of 268 residences will add approximately 700 residents to the area. A portion of the residents will bike and walk for recreation or for school. Additional pedestrian activations of the signal at Avenue 50/Washington Street will reduce the available green time for through vehicles. Since there is no sidewalk on the east side of Washington Street south of Avenue 50, all pedestrian traffic must cross Washington Street thus affecting the signal timing. In addition, there is no sidewalk on the south side of Avenue 50 east of Washington Street, therefore all pedestrian traffic must cross Avenue 50, again affecting signal timing. The adjacency of Truman Elementary and La Quinta middle schools are of great concern, as many school children already walk and bike to school, with others picked up by buses and parents queuing their vehicles along Avenue 50. D-19 Response The adequacy of pedestrian and bicycle accessibility is discussed in the Transportation Analysis, in accordance with EB 06-13. The project proposes to provide pedestrian paths and bicycle facilities along both property frontages consistent with the City of La Quinta General Plan. Additionally, the project will be constructing a bicycle facility along the south side of Avenue 50. D-20 Access to the project site is proposed via two gated driveways, one along Washington Street (approximately 220 ft. north of Avenue 50) and one along Avenue 50 (approximately 210 feet east of Washington Street). This is a great source of concern as, previously noted, the majority of traffic will approach the Project on Washington Street and will have to either make a U-turn at the 50th streetlight to head back north or turn into the property or make a left turn from eastbound Avenue 50 into the gate controlled secondary driveway. Avenue 50 is currently only one lane westbound at this location with no sidewalks on the south side and no center turn lane. There are no bike lanes on this section of Avenue, nor on Avenue 50 west of Washington Street. There are no full roadway section improvements proposed as mitigation. This is inadequate for the proposed development as left turning traffic will impede through traffic on eastbound Avenue 50 (as well as double left turning traffic from southbound Washington Street) and will be a safety hazard for bicyclists. In addition, the double left turn on westbound Avenue 50 to southbound Washington Street routinely backs up and will back up into the access location for the Project. Lastly, traffic on Washington Street consistently exceeds the posted speed limit and provides a safety hazard for right turning vehicles to and from the proposed main entrance on Washington Street. RTC -16 OCTOBER 2023 301 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS RM The traffic improvement plan, at a minimum, must provide widening of Avenue 50 to the east of Washington Street to the full Primary Arterial Standard. This will allow left turning traffic to store in the left turn lane and will provide for pedestrian safety and bicycle lanes. In addition, due to excessive speeds along Washington Street, deceleration and acceleration lanes should be provided before and after the Project entrance on the northbound side of Washington Street. ,to RM 108" Pi imary Arterial W This is no different than what has been provided on the southbound side of Washington Street at the entrances to La Quinta Country Club. RTC -17 OCTOBER 2023 302 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS D-20 Response The project is conditioned to provide the required roadway improvements along its entire frontages along Washington Street and Avenue 50 including sidewalks, bicycle lanes and vehicular travel lanes consistent with the City of La Quinta General Plan. All required improvements will be constructed to the satisfaction of the City Engineer. D-21 CLOSING In closing, the Duna La Quinta Homeowners Association is opposed to this project, particularly due to the intensification of zoning, the increase in allowable building height from 22 ft. to 40 ft., the misrepresentation of actual traffic conditions, and the significant impact to the views along Avenue 50. We are greatly disturbed that the City of La Quinta would allow this zoning and general plan change to municipal height codes to go forward, particularly given the potential impact to the residential communities adjacent to the project and throughout the City of La Quinta Again, this project would be precedent -setting and change the character of La Quinta residential communities forever. We urge the City of La Quinta to reject the Environmental Assessment, General Plan Amendment, Zoning Change, and Specific Plan forthe Troutdale Residences, and require separate RTC -18 OCTOBER 2023 303 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Environmental Impact Statements for the Project and for the Citywide General Plan amendment that would raise building heights in residential communities. Thank you for the opportunity to provide comments. D-21 Response The comment restates claims made in Comments D-2, D-3, D-10, D-11 and D-12 regarding building heights and a request to prepare a separate environmental document. Please refer to Response to Comments D-2, D-3, D-10, D-11 and D-12. Further, as noted above, the project has been revised to reduce maximum building heights to 28', thus, the comment has been addressed through revisions to the project. These changes do not require revisions to the analysis in the Final IS/MND because they would reduce the physical effects of the project on the environment by reducing building heights previously analyzed in the Draft IS/MND. RTC -19 OCTOBER 2023 304 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -20 305 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter E Imperial Irrigation District Donald Vargas, Compliance Administrator II March 23, 2023 E-1 The IID has reviewed the project information and has the following comments: 1. IID will not begin any studies, engineering or estimate costs to provide electrical service to the project until the applicant submits a customer project application (available at http://www.iid.com/home/showdocument?id=12923 and detailed loading information, panel sizes, project schedule and estimated in-service date. 2. However, based on the preliminary information provided to IID, the district can accommodate the power requirements of the project by upgradingthe Marshall Substation bank no. 2, from a 25 MVA to a 40/50 MVA transformer and adding one (1) new distribution feeder (conduit and cable) out of the Marshall Substation to the proposed development. It will also require underground/overhead distribution backbone circuit reconfigurations of existing facilities and regular distribution line extensions. E1 Response The comment supports the analysis contained in the Draft IS/MND and states IID can provide service to the project. The city appreciates IID's review. No additional environmental issues under CEQA are raised, and no revisions or changes to the Final IS/MND are required to address or respond to the comment. RTC -21 OCTOBER 2023 306 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -22 307 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Response to Comment Letter F California Department of Fish and Wildlife Kim Freeburn, Environmental Program Manager March 23, 2023 F-1 Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and Existing Mitigation Measure B10-2. CDFW recommends replacing existing Mitigation Measure BIO -2 with the following mitigation measure to reduce impacts to less than significant: MM BIO -2: CVMSHCP Compliance Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee. F-1 Response: The City will replace existing Mitigation Measure BIO -2 in the revised IS/MND with the above recommended mitigation measure. F-2 Nesting Bird Surveys and Mitigation Measure BI0-1. CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site be avoided any time birds are nesting on-site. CDFW recommends replacing existing Mitigation Measure BIO -1 with the following mitigation measure to reduce impacts to less than significant: MM BIO -1: Nesting Bird Surveys Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three (3) days prior to vegetation removal or ground -disturbing activities. Pre -construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found duringthe pre -construction nesting bird surveys, a qualified biologist shall establish an appropriate nest bufferto be marked on the ground. Nest buffers are species specific and should be at least 300 feet for passerines and 500 feet for raptors and birds - of -prey. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. F-2 Response: RTC -23 OCTOBER 2023 308 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS The City will replace existing Mitigation Measure BIO -1 in the revised IS/MND with the above recommended mitigation measure. F-3 Burrowing Owl (Athene cunicularia) Due to the potential for burrowing owl to move into disturbed sites, CDFW recommends that prior to commencing Project activities, focused and preconstruction surveys for burrowing owl be conducted by a qualified biologist in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). CDFW recommends the revised MND include specific avoidance and minimization measures to ensure that impacts to burrowing owls are reduced to less than significant. CDFW recommends the revised MND include the following mitigation measure to reduce impacts to less than significant: MM BIO -Ll: Burrowing Owl Surveys Prior to the start of Project activities, focused burrowing owl surveys shall be conducted by a qualified biologist according to the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitatthat will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Permittee shall implement the Burrowing Owl Plan following CDFW review and approval. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. F-3 Response: The City appreciates CDFW's concerns that habitat assessments conducted outside of the burrowing owl breeding season have less potential to detect burrowing owl. Note that based on the results of the Biological Technical Report, no burrows greater than 4 inches in diameter were observed capable of supporting burrowing owl in disturbed habitat onsite duringthe November 3, 2021 habitat assessment. RTC -24 OCTOBER 2023 309 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS Further, soils onsite have been mechanically disturbed and compacted from pedestrian and vehicle traffic, routine weed abatement activities, historic light grading, and adjacent development. Soil compaction on the project site discourages use by fossorial species. While the City acknowledges that burrowing owls have a potential to move onto disturbed areas on the project site, this first portion of this comment requests focused burrowing owl surveys to be conducted, which are not necessary. As previously noted, no suitable burrows were observed onsite during the initial field investigation, the site has been subject to routine anthropogenic disturbances, and is isolated from occupied burrowing owl habitat, by existing development; therefore, impacts have been appropriately determined to be less than significant. As such, focused surveys for burrowing owl are not warranted. Out of an abundance of caution, and to ensure burrowing owl remain absent from the project site, the City will clarify M -BIO -1 to add the second portion of the recommended language for pre -construction nesting bird surveys as it pertains to pre -construction burrowing owl clearance surveys: Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). No additional mitigation is required. F-4 Desert Tortoise (Gopherus agassizii) CDFW is concerned that the field assessment was insufficient in timing and scope to detect desert tortoise on the Project site. Chapter 4 of the Desert Tortoise (Mojave Population) Field Manual indicates that "surveys should be conducted during the desert tortoise's most active periods (April through May or September through October)" (USFWS, 2009, p. 4-8). Based on a review of CNDDB and BIOS, the Project site is within the range of desert tortoise, and vegetation on the project site provides suitable habitat for desert tortoise. CDFW recommends that priorto commencing Project activities, both focused and preconstruction surveys for desert tortoise should be conducted by a qualified biologist. F-4 Response: The City appreciates CDFW's concerns; however, the habitat assessment was conducted on November 3, 2021, three days after desert tortoise's most active known period (September -October). Further, the project site is located in an urban setting, and no burrows capable of supporting desert tortoise were observed duringthe habitat assessment. Although alkali scrub known to support desert tortoise occurs onsite, the lack of burrows and location within an urban setting would prevent this species from foraging, nesting, or dispersing in that habitat on the project site. Further, the project site is isolated from occupied desert tortoise habitat by existing development. There are no undeveloped habitats connecting to the project site that would support desert tortoise movement. As such, focused surveys for desert tortoise are not warranted and no additional mitigation is required. F-5 Special -Status Plant Surveys CDFW is concerned that the field assessment was not conducted at the appropriate time of year to detect special -status plants on the Project site, and that the presence of special -status plant species onsite was RTC -25 OCTOBER 2023 310 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS not determined through floristic based surveys. As such, special -status plant surveys are recommended to be conducted prior to disturbance activities to ensure no special -status plants are onsite. MM BIOJCj: Special -Status Plant Surveys A thorough floristic -based assessment of special -status plants and natural communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2018 or most recent version) shall be performed by a qualified biologist prior to commencing Project activities. Should any state -listed plant species be present in the Project area, the Project proponent shall obtain an Incidental Take Permit for those species not covered under the CVMSHCP prior to the start of Project activities. F-5 Response: The City appreciates CDFW's concerns; however, as stated in the Biological Technical Report, elevation at the project site is not suitable for most of the special -status plants known to occur within the region. Further, the project site has been mechanically disturbed and compacted by weed abatement activities, light grading, and pedestrian/vehicle traffic, which negatively impacts seedbank and promotes proliferation of non-native plant species. Finally, as the City is a Permittee to the CVMSHCP, and the project is a covered activity, potential project impacts to any CVMSHCP covered plant species would be considered less than significant and no additional mitigation is required. F-6 Minimizing Impacts to Other Species CDFW is concerned about the potential for previously undetected wildlife to occur on the Project site and to be injured or killed by ground -disturbing and construction activities. To reduce impacts to less than significant, CDFW recommends inclusion of a mitigation measure to allow non -listed, non -special - status terrestrial wildlife to leave or be moved out of harm's way. F-6 Response: The City acknowledges CDFW's concerns. Such impacts are not considered under any of the applicable CEQA thresholds; therefore, there are no potentially significant impacts to non -listed wildlife. F-7 Artificial Light Because of the potential for artificial lighting at night to negatively impact wildlife, CDFW recommends a revised MND include the following mitigation measure: MM BIO -Ll: Artificial Light During Project construction and operation, the City of La Quinta shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light during the hours of dawn and dusk when many wildlife species are most active. The City shall ensure that lightingfor Project activities is shielded, cast downward, and does not spill over onto other properties or upward into the night sky following International Dark -Sky Association standards. The City shall ensure use of LED lighting with a RTC -26 OCTOBER 2023 311 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. F-7 Response The City acknowledges and appreciates CDFW's concern that impacts to biological resources from proposed artificial light sources were not adequately addressed in the MND. The City has adopted development regulations which include standards related to light and glare which all projects, including the proposed project, are required to comply with. These standards are incorporated as part of La Quinta Municipal Code (LQMC) Section 9.10.150. With regulatory conformance to the LQMC, artificial light sources would be shielded and directed away from adjacent properties and impacts would be less than significant. F-8 Construction Noise The MND indicates that noise levels would be highest during grading due to use of "a grader, a dozer, two (2) excavators, two (2) backhoes, and a scraper" and that noise levels may reach 70 to 74 dBA. Other construction phases are estimated to generate noise between 63 and 66 dBA, which exceeds exposure levels that may adversely affect wildlife species (55 to 60 dBA). Because of the potential for construction noise to negatively impact wildlife, CDFW recommends the revised MND include specific avoidance and minimization measures to ensure that impacts to wildlife are reduced to less than significant. F-8 Response: The City acknowledges and appreciates CDFW's concern. The City's Municipal Code, Section 6.08.050 Disturbances by Construction Noise, limits hours of operation for construction activity based on time of year. From October 1 through April 30th, hours are limited from 7:OOAM to 5:OOPM Monday through Friday and 8:OOAM to 5:OOPM on Saturday. Between May 1 and September 30th, hours are extended to 6:OOAM to 7:OOPM Monday through Friday but remain 8:OOAM to 5:OOPM on Saturday. In addition, the General Plan Chapter IV, Environmental Hazards, Noise Section establishes goals and policies related to both construction and operational noise. Through regulatory conformance with the LQMC and La Quinta General Plan, construction noise would be limited and would be less than significant as disclosed in the Draft IS/MND. F-9 CDFW Lake and Streambed Alteration (LSA) Program A flood control channel occurs east of the project site. The MND does not include avoidance, minimization, and mitigation measures to prevent impacts from Project -related construction, including staging and access, to either the flood channel or biological resources that use the flood channel. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may do one or more of the following: substantially divert or obstruct the natural flow of any river, stream, or lake; substantially change or use any material from the bed, channel or bank of any river, stream, or lake; or deposit debris, waste or other materials that could pass into any river, stream or lake. F-9 Response: RTC -27 OCTOBER 2023 312 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS The City appreciates CDFW's concern that potential project impacts to the flood control channel east of the project site were not adequately addressed or mitigated for in the MND. Note that the Biological Technical Report states that project activities are not expected to encroach into the flood control channel and as such, a Lake and Streambed Alteration Agreement from CDFW is not required. Further, there are already regulations in place related to impacts to drainages under Section 1600 of the Fish and Game Code, as well as sections 401 and 404 of the Clean Water Act. If the proposed project footprint changes to result in impacts to these regulated drainage areas, the project would comply with existing regulations related to the regulatory permits which may require additional environmental review; however, because such impacts are not currently anticipated, no additional mitigation measures are required. Additionally, Standard Best Management Practices will be in place during construction to prevent potential indirect impacts to the adjacent flood control channel. F-10 Environmental Data CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special -status species and natural communities detected during project surveys to the California Natural Diversity Database (CNDDB). F-10 Response The City thanks CDFW for this information. F-11 Environmental Document Filing Fees The project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) F-11 Response The City thanks CDFW for this information and will comply with payment of the Notice of Determination environmental document filing fee. RTC -28 OCTOBER 2023 313 LA QUNITA VILLAGE APARTMENTS FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK OCTOBER 2023 RTC -29 314 Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration La Quinta Village Apartments Project OCTOBER 2023 Prepared for: CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Contact: Ms. Cheri L. Flores, Planning Manager Prepared by: DVw6 605 Third Street Encinitas, California 92024 Contact: Sean Kilkenny Printed on 30% post -consumer recycled material. 316 Table of Contents SECTION PAGE NO. 1 Introduction..........................................................................................................................................................1 2 Mitigation Monitoring and Reporting Program Table.........................................................................................3 TABLE 1 Mitigation Monitoring and Reporting Program...................................................................................................3 DUDEK OCTOBER 2023 317 La Quinta Village Apartments / Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration INTENTIONALLY LEFT BLANK DUDEK OCTOBER 2023 318 1 Introduction The California Environmental Quality Act (CEQA) requires that a public agency adopting a Mitigated Negative Declaration (MND) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The lead or responsible agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the MND during project implementation (California Public Resources Code, Section 21081.6(a)(1)). This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of La Quinta (City) to ensure compliance with adopted mitigation measures identified in the MND for the proposed La Quinta Village Apartment Project (project) located at intersection of Washington Street and Avenue 50 in La Qunita, California (project) when construction begins. The City, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. Implementation of the mitigation measures would reduce impacts to below a level of significance for biological resources, cultural resources, geology and soils and tribal cultural resources. The remainder of this MMRP consists of a table that identifies the mitigation measures by resource for each project component. Table 1 identifies the mitigation monitoring and reporting requirements, list of mitigation measures, party responsible for implementing mitigation measures, timingfor implementation of mitigation measures, agency responsible for monitoring of implementation, and date of completion. With the MND and related documents, this MMRP will be kept on file at the following location: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 DUDEK OCTOBER 2023 319 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration INTENTIONALLY LEFT BLANK DUDEK OCTOBER 2023 320 2 Mitigation Monitoring and Reporting Program Table Table 1 Mitigation Monitoring and Reporting Program Biological Resources BIO -1 Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three (3) days prior to vegetation removal or ground -disturbing activities. Pre -construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre - construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and should be at least 300 feet for passerines and 500 feet for raptors and birds -of - prey. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). DUDEK Prior to the start of Project applicant City of La Quinta construction OCTOBER 2023 321 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Program 11310-2 Prior to construction and issuance of any grading permit, the City of La Quinta shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee. Cultural Resources Prior to the start of Project applicant City of La Quinta construction CUL -1: A qualified archaeologist monitor shall be Prior to operation Project applicant City of La Quinta present during any ground disturbing activities during the project construction phase. In the case that archaeological materials are encountered during ground disturbing activities, work in the area shall cease and any deposits shall be treated according to Federal, State, and local guidelines. No further grading is permitted in the area of the discovery until the City approves the appropriate measure to protect the discovered resources. CUL -2: In the event that human remains are Prior to and during Project applicant City of La Quinta uncovered during ground disturbing activities on the construction Project site, no further disturbance shall occur, and all work shall cease until the County Coroner has made a determination of the origin and disposition of the remains. Ground disturbing activities and excavations shall not resume until the following has been addressed: 1. The County Coroner has been contacted and determined that no investigation to the cause of death is required, and If the County Coroner determines that the remains are of Native American decent, the Coroner must notify Native American Heritage Commission (NAHC), DUDEK OCTOBER 2023 322 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Program DUDEK OCTOBER 2023 323 Party Responsible Party Responsible Date of Completion/ Mitigation Measure Timing ImplementationImplementation for - which will then determine the Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. Geology and Soils or GEO-1 Prior to the start of the proposed Project Prior to the start of Project applicant City of La Quinta activities, all field personnel will receive a worker's construction environmental awareness training on paleontological resources. The training will provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the paleontological monitor, outlines steps to follow in the event that a fossil discovery is made and provides contact information for the Project Paleontologist. The training will be developed by the Project Paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. GEO-2 Prior to the commencement of ground- Prior to ground- Project applicant City of La Quinta disturbing activities, a professional paleontologist breaking activities will be retained to prepare and implement a PRMMP for the proposed Project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high paleontological resource potential. Part- time monitoring, or spot checking, may be required during shallow ground -disturbances (< 10 feet below ground surface) to confirm that sensitive geologic DUDEK OCTOBER 2023 323 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Timing ImplementationImplementation Party Responsible for Party Responsible Date of Completion/ - units are not being impacted. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. GEO-3 In the event that a paleontological resource Prior to Project applicant City of La Quinta is discovered, the monitor will have the authority to construction and temporarily divert the construction equipment during around the find until it is assessed for scientific construction significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following: 1. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the Project Paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the Project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. DUDEK OCTOBER 2023 324 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Timing ImplementationImplementation Party Responsible for Party Responsible Date of Completion/ - 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project -related excavations. Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. GEO-4 Upon completion of ground disturbing Following Project applicant City of La Quinta activity (and curation of fossils if necessary) the completion of Project Paleontologist should prepare a final ground disturbing mitigation and monitoring report outlining the results activities of the mitigation and monitoring program. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. DUDEK OCTOBER 2023 325 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Program Tribal Cultural Resources TCR -1 Prior to any ground disturbing activities on Prior to ground - the Project site, an approved Agua Caliente Native disturbing American Cultural Resource Monitor(s) shall be activities present to monitor the site. Should buried cultural deposits be encountered, the Monitor may request destructive construction halt and the Monitor shall notify a qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Aqua Caliente Tribal Historic Preservation Office. DUDEK Project applicant I City of La Quinta OCTOBER 2023 326 Whitewood South Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration INTENTIONALLY LEFT BLANK DUDEK OCTOBER 2023 327 PROPOSED RESOLUTION NO. 2023-039 WAS REVISED DURING THE 11/21/2023 COUNCIL MEETING, AS SHOWN IN REDLINES, DUE TO APPROVAL OF "SUBSTITUTE" SITE 6 (APN: 609-051-002 "DARBY RD" SITE) FOR AFFORDABLE HOUSING DESIGNATION INSTEAD OF THE ORIGINALLY PROPOSED SITE 6 (APN: 609-070-053 "MAYER CORPORATION "SITE) RESOLUTION 2023 — 039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT, CONDITIONALLY APROVING SPECIFIC PLAN AMENDMENT, AND CONDITIONALLY APPROVING SITE DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF A 252 -UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS, LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NUMBERS: GENERAL PLAN AMENDMENT 2022-0002 SPECIFIC PLAN 2022-0001 (SP 2004-071, AMENDMENT 2) SITE DEVELOPMENT PERMIT 2022-0001 APPLICANT: IRWIN PARTNERS ARCHITECTS WHEREAS, the City Council of the City of La Quinta, California did, on November 21, 2023, hold a duly noticed Public Hearing to consider a request by Irwin Partners Architects for approval of a General Plan Amendment, Specific Plan Amendment, and Site Development Permit for the La Quinta Village Apartments project, a 252 -unit apartment project located on the northeast corner of Washington Street and Avenue 50, more particularly described as: Assessor Parcel Number: 646-070-016 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 27, 2023 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 1,000 feet of the site; and WHEREAS, the City Council of the City of La Quinta, California, did, on August 1, 2023, previously hold a duly noticed Public Hearing to consider adoption of a Mitigated Negative Declaration and approval of General Plan Amendment, Specific Plan and Site Development Permit; and WHEREAS, upon hearing and considering all testimony and arguments, the City Council did continue the public hearing until a date uncertain and remanded the applications to the Planning Commission requesting that the applicant make changes to the project including reducing the number of stories of the units from three to two stories, changing the architectural style of the buildings from Contemporary Modern to Spanish Hacienda style, and removing garages on the north side of the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on October 10, 2023, hold a duly noticed Public Hearing to consider changes to the La Quinta 328 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 2 of 8 Village Apartments project and adopted Planning Commission Resolution No. 2023-016 recommending the Council approve the changes; and WHEREAS, the City Council of the City of La Quinta, California, did previously hold a duly noticed Public Hearing on November 7, 2023, to consider this project, and upon hearing and considering all testimony and arguments, directed staff to identify alternate sites to the housing inventory in the City's Housing Element to accommodate the 280 low- and very low-income units and to meet the State -mandated "No Net Loss" requirements, in connection with this project; WHEREAS, the City Council did continue the Public Hearing to a date certain and remanded to the Planning Commission the consideration of adding alternate sites to the Housing Element's inventory of sites; WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 14, 2023, hold a meeting to consider adding alternate sites to the Housing Element's inventory of sites and adopted Planning Commission Resolution No. 2023-019 recommending the Council approve the addition of alternate sites to the Housing Element's inventory of sites; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously, on March 28, 2023 and June 27, 2023, hold duly noticed Public Hearings to consider said applications and recommended the City Council adopt a Mitigated Negative Declaration; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings to justify approval of said General Plan Amendment, as conditioned [Exhibits A and B]: 1. Internal General Plan Consistency. The amendment is internally consistent with goals, objectives, and policies of the general plan, which are not being amended. The project proposes 252 units, with 74 designated as moderate - income units, on a site that is shown in the Housing Element as 280 low- or very low-income units. Three alternate sites to accommodate these 280 low- to very low-income units have been designated and are identified as Sites 4,5, and 6 in the draft Housing Element amendment (Exhibit A). The additional sites are required to be identified by the Project to comply with Government Code Section 65863, commonly referred to as the state "No Net Loss Law". Site 4 is a Medium and High Density Residential designation which allows for multi- family residential development. An application for a 100% low- and very low - 329 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 3 of 8 and low-income affordable housing project of 64 units has been filed with the City. Site 4 is ideal because it is located near transit, schools, and commercial areas. Site 5 is commercially designated under the General Commercial designation, and benefits from the Affordably Housing Overlay, which allows for multi -family residential and mixed-use development. Site 5 is within the Highway 111 Corridor, comprised of mixed uses, residential, commercial, offices, grocery stores, services, and near transit. Site 5 has been analyzed in a recently adopted CEQA document for the development of a 180 -unit affordable housing project. Site 6 O.rceFnmeFGial y designator) under City's Overlay, w";^" allows for multi -family residential development and is located in the Medium Density Residential (RM) zone and able to accommodate a density bonus allowing up to 57 low- and very low-income units . The property not enly allows for multi family residential but mixed use development as w . The site is within a "High Resource" area, and its proximity to shopping centers at Highway 111 and Washington Street and proximity to schools makes it an ideal site for affordable housing. Additionally, the La Quinta Village Apartment project includes 74 moderate -income level affordable units which would count for the City's RHNA goals. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety, and general welfare. As part of the project, a Mitigated Negative Declaration would be adopted to mitigate any potential impacts. 3. General Plan Compatibility. In the case of amendments to the General Plan policy diagram, no changes are proposed. 4. Property Suitability. In the case of amendments to the General Plan policy diagram, no new designation is proposed. 5. Change in Circumstances. No amendments are proposed to the General Plan policy diagram. WHEREAS, a day before the City Council's continued public hearing held on November 21, 2023, information was presented to the City of a substitute site (APN 609 051 002) proposed to be added to the City's inventory of sites in its Housing Element, in lieu of originally identified Site 6 (APN 609 070 053), to meet the requirements of the No Net Loss Law (Government Code Section 65863) by using "substitute" Site 6, along with proposed Site 4 and Site 5 that were reviewed and recommended by the Planning Commission; after review and consideration of both the originally identified Site 6 (APN 609 070 053) and "substitute" Site 6 (APN 609 051 002), the City Council finds that substituting "substitute" Site 6 (APN 609 051 002) for the originally identified Site 6 (APN 330 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 4 of 8 609 070 053) does not substantially modify General Plan Amendment 2022-0002, and thereby there is no need to remand the "substitute" Site 6 (APN 609 051 002) for a report from the Planning Commission, because: (a) "substitute" Site 6 (APN 609 051 002) is located less than 2,000 feet away from the originally identified Site 6 (APN 609 070 053), (b) both sites are located in the same "High Resource" area of the City, (c) "substitute" Site 6 (APN 609 051 002) has allocated to it, like the originally identified Site 6 (APN 609 070 053), a sufficient number of low- and very low-income units that, when added to the number of units allocated to Site 4 and Site 5, not only meets the City's No Net Loss Law requirement for this income category but also exceeds the number of units for this income category to meet the No Net Loss Law requirement, (d) neither site has a planned or pending project before the City, and (e) neither site is currently on the City's inventory of sites of the Housina Element. Specific Plan Amendment 2022-0001 (Amendment 2 to Specific Plan 2004-071, La Paloma) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings to justify approval of said Specific Plan Amendment, included as !+/lRditiORell [Exhibits Cl and subject to Conditions of Approval included as Exhibit D}: 1. The proposed Specific Plan Amendment is consistent with the land use, policies, and programs of the General Plan, as it allows for development of a medium high density residential project in the Medium/High Density land use designation, which supports 4-16 units per acre residential density and is designed to accommodate a broad range of residential land uses, including apartment projects. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare, as the project is consistent with the existing land uses as a multi -family residential development and will be consistent with surrounding residential development and is nearby schools and neighborhood commercial uses. 2. Specific Plan 2022-0001 is compatible with zoning on adjacent properties which are also residential. The project proposes a medium high density residential project and is surrounded by Medium Density Residential land uses, including a vacant site to the south and existing residential to the north. 4. Specific Plan 2022-0001 is suitable and appropriate for the subject property, as the project's land use is intended for multi -family residential projects which this project proposes. 331 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 5 of 8 Site Development Permit 2022-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings to justify approval of said Site Development Permit, as GOR ditione d [subject to Conditions of approval included as Exhibit E}: 1. The proposed development is consistent with the General Plan land use designation of Medium/High Density Residential. The City's General Plan Medium/High Density Residential designation is designed to accommodate a broad range of residential land uses, including apartment projects. The City's General Plan policies relating to Medium/High Density Residential encourage a broad range of residential uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies: • Goal LU -2 as the project consists of high-quality design that complements and enhances the City. The project design uses high- quality contemporary style, and utilizes varying roof lines and wall depths, along with a complementary color palette. • Goal LU -5 as the project provides a broad range of housing types and choices for all residents of the City. The project provides for apartments, which creates a different housing type and choice for residents within the City. This includes 74 moderate -income level units. • Policy LU -5.2 in considering changes in market demand in residential product type to meet the needs of current and future residents. The project is changing from a senior residential project to a multi -family apartment project to respond to market demand in residential product type to provide residents with apartments. • Goal SC -1 in that it provides a community that provides the best possible quality of life for all its residents by providing alternative housing types within La Quinta meanwhile providing a project that incorporates open space and common area with a pool for its residents, along with barbecue areas, pickleball courts, a dog park, and putting green. • Policy ED -1.2 in supporting and assisting in the retention of existing businesses, and the recruitment of new businesses. The apartment project provides additional residences nearby to Highway 111, along Washington Street, and close to the City's Village Commercial area which will allow for a working base close by to support and assist in the retention of existing businesses and recruitment of new businesses. • Goal H-1 in providing housing opportunities that meet the diverse needs of the City's existing and projected population. The apartment project of this type provides a diverse type of residential product. 332 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 6 of 8 • Policy H-1.3 to direct new housing development to viable areas where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are available. The housing development was directed to a viable area where essential public facilities can be provided and employment opportunities, educational facilities, and commercial support are all available. • Goal H-2 in assisting in the creation and provision of resources to support housing for lower and moderate -income households and Policy H-2.1 which is to increase housing choices for lower and moderate - income households. This project increases the housing choices for moderate -income households. The project would include 74 moderate - income level units, providing more housing choices for moderate - income households. 2. The proposed development, as conditioned, is consistent with the purpose and intent of the Medium High Density Residential zone as well as the development standards of the City's Zoning Code and in terms of architectural style and landscaping. The project satisfies the zone's intent to provide for the development of medium high density neighborhoods with two-story multi -family dwellings. The project is generally consistent with the residential development standards and permitted use table, except deviations as established within the Specific Plan. 3. The Design and Development Department has prepared Environmental Assessment 2022-0001 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the City. The contemporary style utilizes a high-quality design that is compatible with other approved and constructed residential projects within the City. 5. The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 333 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 7 of 8 6. Project landscaping, including, but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture and provide adequate relief and screening from Washington Street and Avenue 50. WHEREAS, the La Paloma Specific Plan (SP 2004-071) was adopted on December 7, 2004, and amended on July 19, 2011, and is the effective Specific Plan for the site. The proposed La Quinta Village Apartments Specific Plan (SP2022-0001), upon the date it becomes effective, shall repeal and replace SP 2004-071 and its amendment; and WHEREAS, prior to Specific Plan 2022-0001 becoming effective, prior to Site Development Permit 2022-0001 being eligible for approval, and prior to the issuance of any grading, construction, or building permit by the City, the City's update to the Housing Element shall be approved by the California Department of Housing and Community Development (HCD) within 180 days of approval by City Council of GPA2022-0002. This approval by HCD must include certification of the City's Housing Element after adding "Sites 4, 5 and 6", as noted in Exhibit A, to the inventory of sites within the City to accommodate the City's share of low- and very low-income units per the City's RHNA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the above project is determined to be consistent with the Mitigated Negative Declaration prepared for the project (EA2022-0001). SECTION 3. That it does hereby approve General Plan Amendment 2022-0002, conditionally approve Specific Plan 2022-0001 (SP2004-071, Amendment 2), and conditionally approve Site Development Permit 2022-0001, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibits B, D, E]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on November 21, 2023, by the following vote: 334 Resolution No. 2023-039 General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 8 of 8 AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 335 CITY COUNCIL MEETING - NOVEMBER 21, 2023 - HAND-OUT BY DESIGN & DEVELOPMENT STAFF PUBLIC HEARING ITEM NO. 2 - REVISED EXHIBIT A TO RESOLUTION TO ADOPT GENERAL PLAN AMENDMENT 2022-0002 TO INCLUDE ALTERNATE SITE 6 (APN: 609-051-002 "MAYER CORPORATION" SITE) FOR AFFORDABLE HOUSING DESIGNATION Resolution No. 2023-039 - EXHIBIT A Adopted: November 21, 2023 Table II -i Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070-016 13.84 MHDR RMH (AHO) 20 28o 2* 770156007 0.23 VC VC 14 4 770156010 0.39 VC VC 14 5 77o181oog 0.36 VC VC 14 5 3 (City Owned) 773078005 0.11 MC/VC MC/VC 14 1 773078006 0.11 MC/VC MC/VC 14 1 773078007 0.11 MC/VC MC/VC 14 1 773078o16 0.12 MC/VC MC/VC 14 z 773078017 0.12 MC/VC MC/VC 14 2 773078034 1.11 MC/VC MC/VC 14 15 4 77004012 RMH 5 (City Owned 60003oo18 5.1 CR AHO 6** 6o9051002 4.78 MHI RM 7 604-032-042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030-010 2.72 of 11.29 MHDR RMH 1g 5z 9 600-390-024 15.14 CG CP/CR 18 273 10* 60008000l 0.19 MHDR RM 10 2 600080002 0.19 MHDR RM 10 2 600080003 0.19 MHDR RM 10 2 600080004 0.19 MHDR RM 10 2 600080005 0.19 MHDR RM 10 2 600080006 0.19 RM 10 2 600080007 0.19 MHDR RM 10 2 600080008 0.19 MHDR RM 10 2 600080009 0.21 RM 10 2 600080041 2.4 MHDR RM 10 24 11 643-020-025 4.81 CG CR 26 126 12* 600340050 4.46 MHDR RM 8 36 600340051 13.01 MHDR RM 8 104 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1;07-21,373 *Moderate income site **Site 6, listed above in this inventory of sites, is the "substitute" Site 6 considered and approved by the La Quinta City Council during its November 21, 2023, public hearing on General Plan Amendment 2022-0002 related to the La Quinta Village Apartments project; Applicant: Irwin Partners Architects Table II -t Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 go 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites +,5-2-91,829 I FRMWAPJl t i MILElidVE_ i °i I I 1 47 i i I................. Uptlaled 47.27.2023 7■ 11 AL go ■5 13L ' i 12§[ �N !o �N is i� N � p52nd AVE. ........._._....�.. w m LL ' it 1 i� -o 54th AVE. 15� 2 i i ; i 2Q[h i i 16W 1g® i ...�.......,_.. �...,� 601h AVE. i ! i ! 17Q...... 82nd AVE. i .............I i Zoning 0$ cc CN Co - CP - CR - FP - GC - MC _ OS - PR - RC _ RH RL 0 RM RMH ROW RVL VC i + N 64th AVE. a ... MIles 0 0.5 1 2 • Millennium SARDA site, 240 units affordable to very low and low income households on to acres, under contract in 2021, at a density of 24 units per acre. Indio: • Arroyo Crossing 1 is currently under construction, and provides 184 units on 6.4 acres affordable to very low and low income households, at a density of 29 units per acre. • Arroyo Crossing 2, will provide 216 units affordable to very low and low income households on 7.3 acres, at a density of 30 units per acre. The project was approved in 2021. In the region, projects ranging in density from 17 to 29 units per acre are being funded and can be built to accommodate lower income households. Therefore, the densities for larger projects, ranging from 18 to 26 units per acre, can be achieved in La Quinta. In the past, the City has applied the Affordable Housing Overlay to specific inventory sites which were zoned for non-residential uses. This strategy is being modified (see Program 3.1.a) to apply to all inventory sites, and to increase the AHO density to 30 units per acre, even though, as demonstrates above, affordable housing projects in the region are being built at lower densities. The 30 unit per acre density will be the base on which density bonus provisions will be applied, as described in Program 3.1.a. Units built using the AHO must be affordable to lower income households, unless they are identified as moderate income sites in Table II -5o. As provided in Program 3.1.a, the AHO will allow three story construction (consistent with the existing High Density Residential Zone), and shall be analyzed to assure that development standards are sufficient to allow the 30 unit per acre density. Site z consists of three small lots in the Village, on Desert Club Drive. The three lots have been approved for 14 apartments which are to be affordable to moderate income households. The three lots may be merged by the owner, but can proceed as three lots without further City processes. The owner has been finalizing building plans and construction is expected in 2022. As shown in Table 111-49, market rental rates in the City are affordable to moderate income households. Therefore, these units have been included for moderate income households. Site 4 is approximately 7.5 acres and is within the Medium Density Residential (RM) zone which allows 4-8 units per acre. The city currently has a pending application for a l00% Very Low and Low Income 153 development made up of 64 units. Site 4 is located near transit, schools and commercial areas. Site 5 is approximately 5.1 acres and is located along the Highway 111 commercial corridor in the Regional Commercial (CR) zone. This zone allows for multifamily residential development and mixed use development. The Affordable Housing Overlay is on this site as well and allows a higher density for affordable projects. This is a City owned site and has been analyzed in a recently adopted Mitigated Negative Declaration for up to 18o units, resulting in 36 units per acre. Site 6 is approximately 4.78 acres and is within the Medium Density Residential (RM) zone which allows 4-8 units per acre. The site is owned by an affordable housing developer intending to develop affordable housing. An affordable housing project at this site will allow for a density bonus that would result in 57 units. Site 6 is within a "High Resource" area, close to the Washington Street Apartments, an affordable housing community, and adjacent to the east is vacant property pre -zoned as Residential High (RH) within the City's Sphere of Influence. The site's proximity to transit, schools and commercial areas makes it an ideal site. ** Three sites in Table II -5o are over to acres in size. Although the State does not believe that these sites can be developed for affordable housing, the Coachella Valley is experiencing development of lower income projects on larger sites, including two projects in Palm Desert described above. Nevertheless, in order to encourage the development of affordable projects on these sites, Program 3.l.a has been added, which provides incentives for subdivision of larger sites. It should also be noted that Site lo, which includes multiple small lots for 42 moderate income units, is an approved apartment project which is being constructed on land previously owned by the City, which was successfully sold to a private developer. The project is expected to be constructed in the next two years. The parcels previously were developed as single family homes, which the City bought to widen Jefferson Street. Upon completion of the widening, the lots were marketed to the private development community, and an apartment project was proposed in 2019, and approved in 2020 for the site. The City therefore has experience in the assembly of smaller lots for the successful development of housing. Finally, Sites 15 through 20 are provided to accommodate above moderate income households. These sites are all located in existing ** Site 6, described above, is the "substitute" Site 6 considered and approved by the La Quinta City Council during its November 21, 2023, public hearing on 154 General Plan Amendment 2022-0002 related to the La Quinta Village Apartments project; Applicant: Irwin Partners Architects CITY COUNCIL MEETING - NOVEMBER 21, 2023 PUBLIC HEARING ITEM NO. 2 - EXHIBIT A TO RESOLUTION TO ADOPT GENERAL PLAN AMENDMENT 2022-0002 AS ORIGINALLY PROPOSED WITH SITE 6 BEING APN: 609-070-053 "MAYER CORPORATION" SITE FOR AFFORDABLE HOUSING DESIGNATION Resolution No. 2023-039 - EXHIBIT A Adopted: November 21, 2023 Table II -50 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646 -07o -o16 13.84 MHDR RMH (AHO) 20 28o 770156007 0.23 VC VC 14 4 2 770156010 0.39 VC VC 14 5 77o181oog 0.36 I VC I VC 14 5 773078005 0.11 MC/VC MC/VC 14 1 773078006 0.11 MC/VC MC/VC 14 1 3 (City Owned) 773078007 0.11 MC/VC MC/VC 14 1 773078o16 0.12 MC/VC MC/VC 14 2 773078017 0.12 MC/VC MC/VC 14 2 773078034 1.11 MC/VC MC/VC 14 15 4 770040012 .6 MHDR RMH 64 5 (City Owned) 600030018 5.1 CG CR(AHO) 36 18o 6 609070053 6 of 12.7 CG CC(AHO) 20 120 7 604-032-042 1.88 MHDR RMH 12 22 O(ned) 600-030-010 2112gf MHDR RMH 19 52 g 600-390-024 15.14 CG CP/CR 18 273 60008000l I 0.19 I MHDR I RM I 10 I 2 600080002 0.19 MHDR RM 10 2 600080003 0.19 MHDR RM 10 2 10* 600080004 0.19 MHDR RM 10 2 600080005 0.19 MHDR RM 10 2 600080006 0.19 MHDR RM 10 2 600080007 0.19 MHDR RM 10 2 600080008 0.19 MHDR RM 10 2 60008000g 0.21 MHDR RM 10 2 600080041 2.4 MHDR RM 10 24 11 643-020-025 4.81 CG CR 26 126 12* 600340050 4.46 MHDR RM 8 36 600340051 13.01 MHDR RM 8 104 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1,436 *Moderate income site 336 Table II -50 Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 go 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites 337 d FRED Updated 11.09.2023 I 1 L I TERRA NOVA PLA -AGA WSFMCk Wn : � 1 1 � 1 ! 70 , � 1 j i 1 ` .i !r , 10 �r ,F 96 W. 13L 12VF 4.— Zoning . - Zoning 1� O5 N x O 52nd AV E. cc N i ' CN w W �W IC CO 12 j� CP 54th AVE. 1 CR 15� 1 - CT i i FP i 1 - GC ! MC i 05 1 i PR 20% 164 U RC 19 El, M RH RL RM -.-......._._._.....R fiMhAVE_ ® RMH 1 1 L POw RVL r...r....i 62ndAVE. _ ! VC N :..................... 64thAVE, ....... a ■1 Mles City of La Quinta General Plan Inventory Map La Quinta, California Fid" I1-25 152 338 • Millennium SARDA site, 240 units affordable to very low and low income households on to acres, under contract in 2021, at a density of 24 units per acre. Indio: • Arroyo Crossing 1 is currently under construction, and provides 184 units on 6.4 acres affordable to very low and low income households, at a density of 29 units per acre. • Arroyo Crossing 2, will provide 216 units affordable to very low and low income households on 7.3 acres, at a density of 30 units per acre. The project was approved in 2021. In the region, projects ranging in density from 17 to 29 units per acre are being funded and can be built to accommodate lower income households. Therefore, the densities for larger projects, ranging from 18 to 26 units per acre, can be achieved in La Quinta. In the past, the City has applied the Affordable Housing Overlay to specific inventory sites which were zoned for non-residential uses. This strategy is being modified (see Program 3.1.a) to apply to all inventory sites, and to increase the AHO density to 30 units per acre, even though, as demonstrates above, affordable housing projects in the region are being built at lower densities. The 30 unit per acre density will be the base on which density bonus provisions will be applied, as described in Program 3.1.a. Units built using the AHO must be affordable to lower income households, unless they are identified as moderate income sites in Table II -5o. As provided in Program 3.1.a, the AHO will allow three story construction (consistent with the existing High Density Residential Zone), and shall be analyzed to assure that development standards are sufficient to allow the 30 unit per acre density. Site z consists of three small lots in the Village, on Desert Club Drive. The three lots have been approved for 14 apartments which are to be affordable to moderate income households. The three lots may be merged by the owner, but can proceed as three lots without further City processes. The owner has been finalizing building plans and construction is expected in 2022. As shown in Table 111-49, market rental rates in the City are affordable to moderate income households. Therefore, these units have been included for moderate income households. Site 4 is approximately 7.5 acres and is within the Medium Density Residential (RM) zone which allows 4-8 units per acre. The city currently has a pending application for a l00% Very Low and Low Income 153 339 development made up of 64 units. Site 4 is located near transit, schools and commercial areas. Site 5 is approximately 5.1 acres and is located along the Highway 111 commercial corridor in the Regional Commercial (CR) zone. This zone allows for multifamily residential development and mixed use development. The Affordable Housing Overlay is on this site as well and allows a higher density for affordable projects. This is a City owned site and has been analyzed in a recently adopted Mitigated Negative Declaration for up to 18o units, resulting in 36 units per acre. Site 6 is approximately 6 acres and would provide approximately 120 units. It is commercially designated and benefits from the Affordable Housing Overlay. The site is within the City's Community Commercial zoning designation, which allows for multifamily and mixed use development. The Affordable Housing Overlay is on this site as well and allows for higher densities for affordable projects. Site 6 is proposed at zo units per acre, consistent with development in the region, and would result in 120 units. The site is within a "High Resource" area, per Exhibit II -14, and its proximity to Highway 111 and nearby schools makes it an ideal site. Three sites in Table II -5o are over 10 acres in size. Although the State does not believe that these sites can be developed for affordable housing, the Coachella Valley is experiencing development of lower income projects on larger sites, including two projects in Palm Desert described above. Nevertheless, in order to encourage the development of affordable projects on these sites, Program 3.l.a has been added, which provides incentives for subdivision of larger sites. It should also be noted that Site lo, which includes multiple small lots for 42 moderate income units, is an approved apartment project which is being constructed on land previously owned by the City, which was successfully sold to a private developer. The project is expected to be constructed in the next two years. The parcels previously were developed as single family homes, which the City bought to widen Jefferson Street. Upon completion of the widening, the lots were marketed to the private development community, and an apartment project was proposed in 2019, and approved in 2020 for the site. The City therefore has experience in the assembly of smaller lots for the successful development of housing. Finally, Sites 15 through zo are provided to accommodate above moderate income households. These sites are all located in existing 154 340 Resolution No. 2023 -XXX EXHIBIT B Conditions of Approval - Recommended General Plan Amendment 2022-0002 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 1 of 2 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this General Plan Amendment or the Project. The City shall have sole discretion in selecting its defense counsel. No later than thirty (30) days after approval of this General Plan Amendment, the applicant shall execute and deliver to the City an indemnification agreement (with release of claims against the City) in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. GPA2022-0002 shall comply with all applicable conditions and mitigation measures for the following related approvals: Environmental Assessment 2022-0001 Specific Plan 2022-0001 Site Development Permit 2022-0001 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. The applicant requested in its initial application, as submitted, a density that would result in the remaining sites in the City's Housing Element not being adequate to accommodate the City's share of low- and very low-income units under the City's inventory of sites, as approved by the California Department of Housing and Community Development (HCD) in accordance with the City's regional housing need assessment (RHNA) pursuant to Section 65584. Therefore, pursuant to Government Code section 65863(e), the applicant is required to ensure compliance with the state "no net loss" law set forth in Section 65863. 4. Prior to Specific Plan 2022-0001 becoming effective, prior to Site Development Permit 2022-0001 being eligible for approval, and prior to the issuance of any grading, construction, or building permit by the City, the City's update to the Housing Element shall be approved by the California Department of Housing and Community Development (HCD) within 180 days of approval by City Council of GPA2022-0002. This approval by HCD must include certification of the City's Housing Element after adding "Sites 4, 5, and 6", as noted in Exhibit A of the Planning Commission Resolution, to the inventory of sites within the City to accommodate the City's share of low- and very low-income units under the RHNA. If, within 180 days of approval by City Council, HCD does not approve and/or certify the City's Housing Element after being updated by GPA2022-0002 and the adding of "Sites 4, 5, and 6," then GPA2022-0002 shall be repealed on its own accord without the need for further action by City Council and Specific Plan 2022-0001 shall not become 341 Resolution No. 2023 -XXX Conditions of Approval- Recommended General Plan Amendment 2022-0002 Adopted: November 21, 2023 Page 2 of 2 effective, Site Development Permit 2022-0001 shall not be approved, and no grading, construction, or building permit for the Project may be issued by the City. Pursuant to Government Code section 65863(e) and the applicant's obligation to ensure there is "no net loss" of the City's share of low- and very low-income units under the City's inventory of sites, the applicant shall have the obligation to reimburse the City for any and all costs incurred by the City (including staff time and attorney's fees) in furtherance of obtaining HCD's approval and/or certification of the City's Housing Element after being updated by GPA2022-0002 and the adding of "Sites 4, 5, and 6"; applicant's obligation to reimburse the City shall be regardless of whether or not HCD approves and/or certifies the GPA2022-0002 and the adding of "Site 4, 5, and 6." No later than thirty (30) days after approval of this General Plan Amendment, the applicant shall execute and deliver to the City a reimbursement agreement in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. 5. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the designated 74 moderate -income units are subject to a recorded affordability restriction of 55 years or longer to ensure continued affordability (Affordability Covenant). The Affordability Covenant shall be in a form approved by the City Manager and City Attorney, and shall require, among other terms and conditions, eligibility criteria as determined by state law for selecting eligible households, rental limits, annual income verification for current households, and the unit numbers designated as the 74 moderate -income units. The Affordability Covenant shall be binding upon all successors in interest of the applicant and shall be recorded in the office of the Riverside County Recorder. 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. The property owner shall submit to the Design and Development Department on an annual basis by January 30 of every year a record of rent payments for the 74 designated moderate -income units that meet the Riverside County moderate income rent limits. 342 Resolution No. 2023 -XXX General Plan Amendment 2022-0002, Specific Plan 2022-0001 (SP 2004-071, Amendment No. 2), EXHIBIT C Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 La Quinta Village Specific Plan La Paloma Specific Plan Amendment Amendment No. 2 City of La Quinta Adopted xx,xx, 2023 Resolution Number xxxx Prepared For: Troutdale Village, LLC. 1800 Blankenship Road #325 Linn, Oregon 97068 Prepared BY: Altum Group Rich Malacoff, AICP Heather Boland Jordan Parrish 44600 Village Court, Suite 100 Palm Desert, California 92260 1 343 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Table of Contents Section 1 Introduction/Purpose.............................................................................................. 5 ExecutiveSummary.............................................................................................................. 6 TheProcess............................................................................................................................ 6 Relationship to Other Agencies........................................................................................... 7 Relationship to the General Plan......................................................................................... 7 Section2 Specific Plan.......................................................................................................... 10 ProjectDescription...............................................................................................................10 ArtIn Public Places..............................................................................................................1 1 Infrastructure Phasing..........................................................................................................1 1 Grading / Drainage / Flood Control..................................................................................1 1 ErosionControl....................................................................................................1 1 SWPPP / NPDES / PM 10........................................................................................12 Hydrology.......................................................................................................... 12 Flood Control Master Plan....................................................................................12 On -Site Storm Water Design / PWQMP..............................................................................12 NuisanceWater.................................................................................................. 13 Utilities...............................................................................................................13 SewerPlan......................................................................................................... 13 WaterPlan............................................................................................................................13 CVWDWell Site...................................................................................................13 ElectricalPlan.......................................................................................................................13 OtherUtilities.........................................................................................................................13 Section3 Land Use Plan........................................................................................................ 15 LandUse...............................................................................................................................15 DevelopmentStandards.....................................................................................................15 Additional Development Standards..................................................................................17 Specific Plan Minor Modifications......................................................................................18 Specific Plan Amendments...................................................................................18 Modifications to Approved Grading Plan................................................................19 ParkingRequirements..........................................................................................................19 Carports................................................................................................................................19 2 344 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 TrashEnclosures...................................................................................................20 Fencingand Walls...............................................................................................................20 Lighting.................................................................................................................................22 Section 4 Circulation Overview.............................................................................................24 Off -Site Circulation System..................................................................................................23 On -Site Circulation System..................................................................................................23 PublicTransportation...........................................................................................................23 Section 5 Design Guidelines..................................................................................................24 LandscapeConcepts...........................................................................................25 ApprovalProcess.................................................................................................26 Development Standards.......................................................................................27 Signage.................................................................................................................................27 General Architectural Theme.............................................................................................27 AdministrativePlan.............................................................................................. 35 Implementation Program..................................................................................... 35 Site Development Permit...................................................................................... 36 List of Exhibits Exhibit 1 Regional Location Map Exhibit 2 Project Vicinity Map Exhibit 3 USGS Map Exhibit 4 Site Plan Exhibit 5 City Zoning Map Exhibit 6 City General Plan Map Exhibit 7 Image Corridor Exhibit Exhibit 8 Photo Array Exhibit 9 FEMA Map Exhibit 10 Civil Site Plan Exhibit 11 Conceptual Grading Plan Exhibit 12 Preliminary Utility Plan Exhibit 13 First Floor Plan ii 3 345 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Exhibit 14 Second Floor Plan Exhibit 15 Third Floor Plan Exhibit 16 Roof Plan Exhibit 17 Unit Plans Exhibit 18 Clubhouse Exhibit 19 Bldg. 1 - Elevations Exhibit 20 Bldg. 2 - Elevations Exhibit 21 Bldg. 3 - Elevations Exhibit 22 Bldg. 3 - Elevations Exhibit 23 Bldg. 4 - Elevations Exhibit 24 Bldg. 5 - Elevations Exhibit 25 Bldg. 6 - Elevations Exhibit 26 Bldg. 7 - Elevations Exhibit 27 Bldg. 8 - Elevations Exhibit 28 Bldg. 9 - Elevations Exhibit 29 Bldg. 10 -Elevations Exhibit 30 Bldg. 11 Elevations Exhibit 31 Exterior Elevations Exhibit 32 3D Views Exhibit 33 3D Views & Materials Board Exhibit 34 Line of Sight Diagram Exhibit 35.1 Site Lighting Plan Exhibit 35.2 Site Lighting Plan Exhibit 36.1 Site Photometric Plan Exhibit 36.2 Site Photometric Plan Exhibit 37 Light Fixture Cut Sheets Exhibit 38 Conceptual Landscape Plan Exhibit 39 Typical Building Planting Exhibit Exhibit 40 Slope Planting Exhibit Exhibit 41 Pool Area Exhibit 42 Entry Exhibit 43 Wall & Fence Plan iii 4 346 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 This page intentionally left blank. IV 5 347 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Section 1 - Introduction/Purpose The purpose of the La Quinta Village Specific Plan, previously known as the La Paloma Specific Plan, is to set forth the detailed development principles, guidelines, and programs to facilitate the development of a 14.03 -acre site located at the northeast corner of Washington Street and Avenue 50 in the City of La Quinta. (Exhibit 2 - Vicinity Map). The project is designed and will be managed as a multi -family apartment project. The community will consist of one- and two-bedroom units with a mix of market -rate and moderate -income units. This Specific Plan proposes development standards for the northeast corner of Washington Street and Avenue 50 (APN: 646-070-016). This Specific Plan Amendment will replace previous Specific Plans and substitute for the La Quinta Municipal Code (LQMC). Any issue not addressed in the Specific Plan will defer to the La Quinta Municipal Code. For the sake of clarity, the parcel on the southeast corner of Washington Street and Avenue 50 is not part of this Specific Plan similarly as it was in the amended 2011 version of the La Paloma Specific Plan. The 2011 La Paloma Specific Plan removed this parcel from the designated specific plan area and reverted it back to the underlying standards for Residential Medium (RM) zoning. This parcel was previously included within the 2004 Pacific Retirement Services and Westport La Quinta LP (Specific Plan 2004-071). This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law and City of La Quinta regulations. The State authorizes cities and counties to adopt Specific Plans, as appropriate, in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan (and the general goals and policies of the City) and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: "A Specific Plan shall include a text and diagram or diagrams which specify all of the following in detail: 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement 5 6 348 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long-term development program. The document also acts to augment the City's Zoning Ordinance by providing design guidelines, a tailored list of permitted and prohibited uses for the site, and unique development standards. The site plan, architectural, and landscape illustrations in the Specific Plan establish a design theme with detailed perspectives. These illustrations are conceptual and do not constitute precise pre -construction drawings. Executive Summary La Quinta Village Apartments is a proposed multi -family apartment project located on 14.03 acres on the northeast corner of Washington Street and Avenue 50 in the City of La Quinta (Exhibit 2 - Project Vicinity Map). The General Plan designation of the site is Medium High Density Residential (Exhibit 6 - General Plan Map). The zoning designation is Medium High Density Residential (RMH) (Exhibit 5 - City Zoning Map). The project site fronts Washington Street which is designated by the City's General Plan as a major arterial and abuts Avenue 50 designated as a primary arterial. The site is vacant, generally flat, and has been grubbed and leveled in the past. The site was previously entitled for single-family subdivision in the early 1990's but the entitlements have since expired. Property to the immediate east is the Coachella Valley Water District (CVWD) evacuation channel. Further east on the far side of the channel is a Sports Complex, the La Quinta Middle School, and single-family residences. Surrounding property to the north is subdivided and mostly developed with single family residences. Directly west across Washington Street is the La Quinta County Club. Property to the south is vacant and zoned for Medium Density Residential. Site photos are illustrated on Exhibit 8 - Photo Array. The project will operate as a multiple -family residential apartments with a mix of moderate -income units (74 Units) and market -rate Units (178 Units). The project will incorporate amenities such as a clubhouse, pool and spa, barbeque areas, pickle ball court, tot lot and dog park. (Exhibit 4 - Site Plan). Additionally, the project site will be environmentally responsible and will take steps both during and after construction to ensure minimal impact to the surrounding neighborhood and a positive long-term impact on those who will reside and work at La Quinta Village Apartments. The Environmental Conservation Element of the General Plan identifies the site as having no significant issues constraining the property. The Process The purpose of a Specific Plan is to provide a detailed plan for a selected area within the City for the purpose of implementing the General Plan. The Specific Plan outlines and directs all facets of development for the site. The standards of development delineated in this Specific Plan create a link between the General Plan and Zoning Ordinance. Implementation of the Specific Plan is intended to carry out the goals and policies contained in the La Quinta General Plan. 6 7 349 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 The project will require approvals from the Planning Commission and City Council for the Specific Plan Amendment, General Plan Amendment, Site Development Permit, Density Bonus Agreement, and the Implementation of Assembly Bill 330. In addition, the City will review the engineering and building construction documents which must also be consistent with the Specific Plan and Site Development Permit approvals. The project and the various applications that are necessary to complete the entitlement process shall be consistent with the City ordinances, policies, and regulations of the City of La Quinta unless otherwise approved within this Specific Plan. Relationship to Other Agencies In addition to the City's approvals and actions, permits will be needed from the Coachella Valley Water District (CVWD) for connection to water and sewer lines. Other infrastructure extensions or connections will be required by the Imperial Irrigation District (IID) for electrical power, Frontier for telephone service, Southern California Gas Company for natural gas, and Spectrum for cable TV service. The Coachella Valley Water District controls a portion of the sloped area adjacent to Avenue 50. They control any drainage into the channel and any alterations or landscape of its property. Relationship to the General Plan All development within the La Quinta Village Specific Plan shall be consistent with the provisions of the La Quinta General Plan. The proposed General Plan Land Use for the site is shown in Exhibit 6. Among the important provisions of the General Plan that will be implemented upon the development of La Quinta Village Specific Plan include: • Land Use - Medium High Density Residential uses should be located close to park/open space uses such as neighborhood and community parks (such as Saguaro Park), schools (including John Adams Elementary Schools and La Quinta Middle School STEM Academy), or other recreational facilities. • Land Use - Medium High Density Residential Uses can be used to provide transition areas between low density residential uses and high-density commercial uses along arterial roadways. • Circulation - The Circulation Element of the General Plan outlines the design and location of required street improvements to complete the transportation system in the City. La Quinta Village Apartments will complete the unfinished portions of two important links in the City's circulation network: Washington Street and Avenue 50. Potential improvements may include sidewalks, bicycle lanes, bus stops, and signal improvements. • Primary Image Corridors - In addition to roadway improvements, the Project will refine the Image Corridors. Washington Street is identified as a Primary Image Corridor and Avenue 50 is shown as a Secondary Image Corridor. The Specific Plan will modify the height requirements but will maintain the striking 7 8 350 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 viewsheds that define the City of La Quinta. The 150 -foot setback on Washington Street and Avenue 50 are shown on Exhibit 7 - Image Corridor Exhibit. • Water Quantity and Quality -The Specific Plan outlines the use of drought tolerant planting, irrigation techniques, and incorporates a grading concept designed to detain stormwater on-site. • Infrastructure - The Specific Plan incorporates plans to complete the infrastructure that lies adjacent to the project site. The La Quinta Village Specific Plan seeks to establish a well-defined planning framework that implements the goals, policies, and objectives of the City's 2035 General Plan. As a comprehensive development plan, it ensures a cohesive, integrated framework for the development of multiple family housing. This chapter provides a summary discussion to demonstrate that the La Quinta Village Specific Plan is consistent with the City's General Plan and that the La Quinta Village Specific Plan results in the implementation of applicable goals and policies included in the City's General Plan. Table 1 - General Plan Consistency Analysis General Plan Goal or Policy Consistency Finding Land Use Goal LU -2: High quality design that The La Quinta Village community complements and enhances the city. incorporates high quality desert architectural themes and materials into the building aesthetic. Policy LU -2.4: Planning for all major The proposed residential buildings have been community facilities shall carefully consider broken up and set back from the northern the potential impacts to adjacent property line to reduce the impact of its mass development, particularly residential on the adjoining single-family neighborhood. development. Program LU -2.7a: Continue to utilize the This development will pay the required QUIMBY Act to charge park fees and allow QUIMBY Act fees. for park development. Goal LU -5: A broad range of housing types Providing both market -rate and moderate - and choices for all residents of the city. income rentals fills the need for this type of housing, which is not being satisfied currently. In addition, the variation in apartment size, accessibility, and affordability provides opportunities for a great variety of residents in La Quinta. Housing Policy H-2.1: Increase housing choices for This development will provide 74 affordable lower and moderate -income households. units and 178 market -rate income units which provides more housing options in the City of La Quinta. 8 9 351 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 General Plan Goal or Policy I Consistency Finding Policy H-6.1: Promote higher density and compact developments that increase energy efficiency and reduce land consumption. Goal H-5: Provide equal housing opportunities for all persons. Policy 5.5: Improve quality of life for disabled persons by facilitating relief from regulatory requirements that may require barriers to accessible housing and promoting universal design. La Quinta Village Apartments provides 18 dwelling units per acre while minimizing its impact on the nearby single-family neiahborhoods. La Quinta Village Apartments will provide affordable moderate -income units and accessible units, providing a greater variety of housing types in the City of La Quinta. La Quinta Village Apartments will provide ground floor accessible units. The pool, spa, parking, and other recreational spaces will be compliant with accessibility regulations. Circulation Program CIR 1.10a: Review new and redeveloping projects along all major roadways with the intent of limiting access and aligning and/or consolidating access drives in a manner which minimizes the use of existing and planned signalized intersections. Policy CIR 1.12: As a means of reducing vehicular traffic on major roadways and to reduce vehicle miles travels by traffic originating in the city, the city shall pursue development of a land use pattern that maximizes the interactions between adjacent or nearby land uses. Policy CIR 1.17: To preserve the aesthetic values on the city's streets, optimum landscape setback shall be maintained along all designated General Plan Image Corridors and shall be identified in the City's Municipal Code. Access will be provided along a primary and major arterial road. The access points have been designed to minimize interruptions at the intersection of Washington Street and Avenue 50. Due to the community's proximity to the school, children will be able to walk safely to school. Additionally, La Quinta Village Apartments is near a Sunline route, which will allow its residents to have easy access to public transit services. Both Washington Street and Avenue 50 are image corridors and have a 150 -foot setback with a 22 -foot height restriction which will be raised to 28 feet to accommodate Spanish the roofing. The viewshed will still provide beautiful panoramic views of the Santa Rosa Mountains. Natural Resources Policy OS 2.3: Encourage the preservation of open space in privately owned development projects. Goal SC -1: A community that provides the best possible quality of life for its residents. La Quinta Village Apartments provides 4.5 to 5 acres of open space areas for its residents, above the minimum required per the city's municipal code. The community will have intricate pedestrian pathways for its residents that provide connectivity throughout the site. La Quinta Village Apartments will provide open space and recreational amenities such as a clubhouse, pool and spa, barbeque areas, putting course, fitness center, and office space. 9 10 352 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Section 2 - Specific Plan Project Description The project site consists of a 14.03 -acre parcel located on the northeast corner of Washington Street and Avenue 50 in the City of La Quinta. The site is currently vacant but has been cleared and grubbed. It was previously approved for the development of a single-family tract of houses (Tentative Tract Map 26148) in the late 1980's and the approval was extended into the early 1990's. However, the entitlements were allowed to lapse. To the north, the project site abuts a mostly built out established tract of single- family homes which are accessed from Washington Street at Sagebrush Avenue. La Quinta Village Apartments is a proposed multiple family residential development that will offer 252 -units of which 178 will be market -rate and 74 will be moderate income affordable units. The housing type will be a mix of one- and two-bedroom units with a total of 132 one -bedroom units and 120 two-bedroom units. The project will have two- story apartment buildings with a maximum height of 28 feet with a Spanish hacienda architectural design aesthetic. The proposed density is 18 dwelling units per acre, which includes the use of a Density Bonus for Affordable Housing from LQMC Section 9.60.260. In contrast to the City of La Quinta's Zoning Ordinance, this Specific Plan will allow for the moderate -income affordable housing density bonus to be applied without requiring the affordable units to be offered to the public for purchase. The density permitted in the Medium High Density Residential zoning allows for 8 to 12 units per acre. The project amenities will include a dog park, pickle ball court, putting green, swimming pool and spa, barbeque areas, tot lot, and clubhouse. Inside the clubhouse there will be offices, restrooms, showers, a fitness center, and a community area. This apartment community will be managed by a management company that will develop and enforce all community standards and rules. La Quinta Village will be an environmentally sustainable community that will help facilitate and encourage health and wellness for its residents and employees. The project will create community connectivity through access to public transportation. Recycling within the project using collection bins will also be encouraged. Water and energy efficiency will be implemented throughout the project by using high -efficiency, low -flow rate plumbing fixtures and Energy Star rated appliances. Architectural features such as colors, materials, and shading devices will also reduce the project's energy demands. Landscaping will meet or exceed CVWD water budget requirements. Parking for the facility is primarily located directly off the perimeter drive along both Avenue 50 and Washington Street. The perimeter drive is proposed to provide fire and safety equipment access and servicing to the complex. The site plan complies with required landscape setbacks on both Washington Street and Avenue 50 and employs a single vehicular access from each street to the site. These standards are consistent with the adopted image corridors regulations established in the General Plan. The site is irregular in shape and the development is constrained by parcel geometry, additional street dedication on Washington to comply with the General Plan, and the city staff request for additional right-of-way to accommodate a dedicated right turn lane. The project proponent previously dedicated full General Plan Right -of- Way for both streets. 10 11 353 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 The project is within the image corridor of both Washington Street and Avenue 50. The image corridor setback is measured 150 feet from the right-of-way line as defined in the parcel map. Portions of buildings fronting on Washington Street and Avenue 50 are within the 150 -foot setback. A detailed discussion of the Image Corridors is included later in the Specific Plan. There is a 75 -foot building setback from Coachella Valley Water District Stormwater Channel located to the east of the project site. No buildings are allowed within the 75 - foot setback; however, carports are permitted. Art In Public Places The requirement for art in public places will be satisfied in accordance with Section 2.65 of the La Quinta Municipal Code. Infrastructure Phasing The infrastructure improvements required in conjunction with this development will be installed and completed prior to occupancy of the facility. All adjacent infrastructure improvements adjacent to the site will be improved with the initial development of the property. Grading / Drainage / Flood Contro The site will be mass graded and it is anticipated that there will be a net -import of material to the site. Overall, it is anticipated that approximately 36,000 cubic yards of import will be moved to the site. Stormwater, including that from a 100 -year event, will be stored in above ground retention facilities. As an alternative, a regional assessment could be undertaken to determine the feasibility of discharging flows into the channel after first flush. To do this, the City and CVWD would have to see an analysis that shows there is adequate capacity in the channel when the subject property discharges storm flows. Due to the adjacent Evacuation Channel, CVWD has noted that the channel water surface elevation is established at 48 feet above sea level. The City Engineer will require that the site development plan and street improvement plans for Avenue 50 are designed and constructed to provide a minimum elevation of 50 feet to prevent flooding. The Conceptual Grading Plan is shown in Exhibit 11. Erosion Contro The grading operations shall include adequate provisions for wind and water erosion control both during and after grading operations have ceased. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Plan (SWPPP) and PM 10 Plan. • Pre -watering - The site shall be pre -watered to a depth of three feet prior to the onset of grading operations. • During Grading - Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. 11 12 354 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 • Post Grading - All disturbed areas shall be treated to prevent erosion for the term that the area will remain undeveloped. Final landscape and irrigation shall be installed as soon as feasible after grading operations have been completed. SWPPP/NPDES/PM 10 Since the Coachella Valley experiences periods of moderate to heavy wind conditions, wind-blown dust and sand is a concern with mass grading operations, especially those more than five acres in size. Because of health concerns, the Environmental Protection Agency has instituted a plan in the valley to curb excess small particle dust (PM 10). The City also participates in the National Pollutant Discharge Elimination System program. The City of La Quinta requires SWPPP, NPDES and PM 10 plans to control the wind- and water - born erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. Hydrology La Quinta Village lies in a Zone X Other Areas flood zone as determined by FEMA, Community Panel Number 06065C-2241 G, revised August 20, 2008. Zone X includes areas to be outside the 500 -year event. There are no tributary flows that must be accommodated in the development of the site (Exhibit 8 - Photo Array). Flood Control Master Plan The stormwater drainage system in the City of La Quinta is administered by CVWD. The system consists of improvements to the natural drainage channels that run through the city. There is an existing storm drain located in Washington Street that collects storm water and conducts that flow into the adjacent Evacuation Channel via a storm drain in Avenue 50. Water collected in this channel then feeds into the Whitewater River and to the Salton Sea. On -Site Storm Water Design / PWQMP The City of La Quinta in conjunction with CVWD requires each development to include provisions for handling storm water attributed to the site. The design storm, which creates the worst-case scenario is a 100 -year, 3 -hour event. Each development project must either retain the 100 -year stormwater on site or discharge it into an approved storm water system after first flush containments have been removed. The initial storm water design concept for the La Quinta Village Apartments is to retain the storm water on-site in above -ground basins. A Preliminary Water Quality Management Plan (WQMP) will be submitted as part of the Site Development Permit, showing how the first flush containments will be collected and removed from the storm water prior to percolation or dewatering. Nuisance Water Nuisance water attributed to the project will be collected and directed to the above- ground retention basin areas if this is the final method chosen for handling stormwater. If a direct discharge approach is proven feasible, nuisance water will be directed to one 12 13 355 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 or more dry wells if needed. The amount of nuisance water is expected to be reduced due to the use of water efficient landscape and irrigation materials. Utilities La Quinta Village Apartments is well served by utilities and is situated in a corridor planned for a relatively intense scope of urban development. Utility extensions will be minimal with most utilities existing at the perimeter of the site. Some upgrades will be required by the individual utility companies providing service to the property. Several overhead utility lines exist along Washington Street, Avenue 50, and along the Evacuation Channel. It is the intent of the development to underground all the adjacent overhead utility lines except for the transmission lines along the northern property line and the transmission lines following the alignment of the channel, as required by the City of La Quinta, and regulated by the Imperial Irrigation District (Exhibit 12 - Preliminary Utility Plan). Street improvements implementing the project's conditions of approval will be installed concurrently with the construction of the project and will be completed prior to occupancy of the facility. Sewer Plan Sanitary sewer facilities for La Quinta are provided by CVWD. Sewer mains are located on the west side of the site in Washington Street, in Avenue 50, and in the Evacuation Channel at the southeast corner of the site. Sewage will flow by gravity to the main. No upsizing of facilities will be required. The on-site sewer system will be private (Exhibit 12 - Preliminary Utility Plan). Water Plan Water facilities for La Quinta are provided by CVWD. An 18 -inch main exists in Washington Street and there is also an 18 -inch main in Avenue 50. The on-site water lines will be connected into the existing infrastructure network in at least two places to avoid "dead- end" lines. CVWD Well Site No well site is required for the property. The nearest well is located outside the site near the northeast corner of the project. Electrical Plan The Imperial Irrigation District (IID) provides electric facilities in the City of La Quinta. IID indicates that the design of the electrical service will depend on final load calculations for the overall project. IID will require the installation of underground facilities throughout the project. Existing power poles located on Washington Street and Avenue 50 may be undergrounded if practical and allowed by IID. Other Utilities 13 14 356 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Natural gas is provided by the Southern California Gas Company. The nearest facility is a 6 -inch line located in Washington Street. The project site will independently connect into the gas line. Television cable service is provided by Spectrum Cable with the nearest facilities located in Washington Street at Saguaro Drive abutting the site. Landline Telephone service will be provided by Frontier Communications. Facilities exist in both Washington Street and Avenue 50. Frontier expects to serve the project from these locations. Waste disposal service is provided by Burrtec Waste Industries. The project also proposes implementing recycling facilities within the project using collection bins and instructing occupants and employees to use. Waste and recycling materials will be deposited by residents at various locations throughout the site. Burrtec will collect the refuse and recyclables. 14 15 357 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Section 3 - Land Use Plan Land Use The land use designation for the site is Medium High Density Residential (RMH). This designation allows multi -family housing. Development Standards The development standards outlined in this document are specific to this development and may differ from the La Quinta Municipal Code. The uses and development standards will be in accordance with the provisions of the La Quinta Municipal Code and General Plan regulations. Should conflict occur between the regulations and the Specific Plan, the provisions of the Specific Plan and supporting text shall prevail. Any matter not addressed in the La Quinta Village Specific Plan shall defer to the La Quinta Municipal Code. Residential Permitted Uses Apartments/condominium for multi -family housing. Including the following: garages, carports, patio covers, decks, gazebos, outdoor terraces, fences and walls, clubhouses, swimming pools and spas, cabanas, barbeque, passive and active recreations such as picnic tables, pickleball and tennis courts, community gardens. Guesthouses, Accessory Dwelling Units (ADUs), Junior Dwelling Units subject to LQMC 9.60.090 or applicable change in State Law. Congregate Care Facilities are only permitted subject to the rules and regulations of the State of California. Home Occupation Permits subject to LQMC 0.210.060 Child Day Care or Family Day Care Facilities as an accessory use, serving 6 or fewer children, subject to LQMC 9.60.190. Licensed Service Animals or in -training are exempt. Utility Facilities such as water, sewer, cable, electricity, and gas are permitted uses. Telecommunication facilities will be allowed subject to LQMC 9.170 Residential Prohibited Uses Kennels and Catteries Keeping of barnyard, wild, exotic, reptiles, and dangerous animals. Agriculture Uses except for community gardens Storage, parking, maintenance of recreation vehicles or mobile homes. Maintenance of autos and trucks. Single Family Residential Dwellings as a Primary Use 15 16 358 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Residential Development Standards Minimum Project Size for Multi -Family Projects 20,000 SQ. FT. Minimum Frontage for Multi -Family Projects 100 Feet Maximum Structure Height 3 28 Feet Maximum Structure Height at Image Corridor 3, a 28 Feet Maximum Number of Stories 2 Minimum Front Yard Setback 20 Feet Minimum Interior/Exterior Side Yard Setback 1, 2,7 5/10 Feet Minimum Rear Yard Setback 15 Feet Maximum Lot Coverage 60% Minimum Common Open Area 5 30% Minimum/Average Perimeter Landscape Setback 10/20 Feet Minimum Livable Area 6 670 SQ. FT. General Notes: 1 Parking and carports are permitted within front, interior/exterior side, and rear setbacks. 2 To avoid monotony on the street side -yard, buildings can extend into the setback area if the average of 20 feet is maintained. 3 Only residential and commercial structures are included in the height restrictions. Potential utilities facilities such as water, sewer, cable, electricity, phone, cell, and gas are not included. 4 The maximum structure height equals 28 feet for all buildings within 150 -feet of any general plan -designated image corridor. Height restriction shall not include roof -mounted equipment screening and parapet walls. 5 Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage. 6 Excludes garage and private open space. 7 For interior side yards, if the building is over 17 feet in height, the setback is 5 feet plus 1 foot for every foot over 17 feet in height or fraction thereof, to a maximum of 10 feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 -foot building. Density Calculations: The density used for the calculation refers to Medium High Density Residential standards and Density Bonus allowances for moderate -income affordable units respectively, LQMC Section 9.30.070 and Section 9.60.260 (G) (4). Calculation: RMH Density Allowed = 12 du/ac Acres = 14.03 12 du/ac x 14.03 acres = 168 Total Allowable Units (Base) Percentage of Density Bonus = 50% New Density = 18 du/ac 18 du/ac x 14.03 acres = 252 Maximum Allowable Units with Density Bonus Percentage of Moderate -Income Units = 440 44% moderate -income percentage x 168 base units 16 17 359 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 = 74 Minimum Required Moderate -Income Units Breakdown of Units: Market Rate Units 178 Affordable Units 74 Total Number of Units = 252 The calculations for the gross area shall include all dedicated lands for right-of-way, drainage, retention basins, and utilities. This gross area shall be used to calculate the gross density for the property. Note: The Specific Plan will allow the use of the Density Bonus for rental units in addition to home ownership, which is currently allowed per the La Quinta Municipal Code regardless of affordable income level. Additional Development Standards General Requirements: A. Architectural projections such as roof overhangs, chimneys, awnings, and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than three- and one-half feet from any property line. B. Roof structures not associated with living area such as parapet walls, air conditioners, chimneys, and other such structures shall not be included in the measurement of height. Only parts of the building that are directly related to living area shall be part of the height calculation. Height shall be measured from finished grade. C. Masonry walls and/or decorative fencing a maximum of six feet in height shall be used along the perimeter of the property and along public streets within perimeter landscaping setbacks. Ornamental iron and tubular steel fencing is permitted to be used in any location on the lot. D. Parking shall be screened from public views on the street frontage by use of walls, fences, landscaping, or decorative berms. E. Roof mounted utility and mechanical equipment including, but not limited to, air conditioning and heating shall be screened and an integral part of the roof design. Screening parapets will be a maximum of five feet. Ground mounted utility and mechanical equipment may be located within setback areas and shall be screened with, but not limited to, landscape planting, walls, and fencing. F. Architecturally integrated parapets to screen roof equipment shall not be included in the building height. G. For multi -family residential, the minimum livable area shall be 670 square feet. 17 18 360 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 H. Parking, carports, pickleball court, and dog park are permitted to be located within setbacks. Specific Plan Minor Modifications The following constitute minor modifications to the Specific Plan not requiring a Specific Plan Amendment and are subject to review and approval by the Design and Development Director. The Design and Development Director shall have the discretion to refer any such requests for modification to the Specific Plan development standards using the criteria found in the La Quinta Municipal Code Sections 9.200.90 or 9.200.110: • Change in utility provider. • A maximum shift of ten percent (10%) of the total number of various unit types provided the total number of units or density for the entire Specific Plan area does not exceed that established in the Specific Plan Amendment. • Minor changes to development standards can be approved by the Development Services Manager or their designee subject to LQMC Section 9.210.040. • Minor changes to the landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the design guidelines, contained within in the Specific Plan. • Minor changes to the design guidelines, which are intended to be conceptual in nature only, and are intended to be flexible in implementation. • Other modifications of similar nature to those listed above, which are deemed minor by the Planning Manager, which are in keeping with the purpose and intent of the approved La Quinta Village Specific Plan and which are in conformance with the General Plan. • Changes in site plan due to requirements from the electrical, phone, gas, sewer, or water purveyor. o Building changes from these types of changes can be approved by the Design and Development Director if it does not include more than seven (7) buildings on site and do not exceed the maximum height allowed. Prior to the Design and Development Director making a written determination as to the substantial conformance of a revised plan in accordance with the standards set forth in the approved La Quinta Village Specific Plan, the applicant shall prepare a written request that addresses the nature of the revisions and how the revised plan complies with the adopted Specific Plan standards. The applicant's request shall be accompanied by appropriate graphic and/or technical information that supports the revisions. Specific Plan Amendments Amendments to the La Quinta Village Specific Plan may be requested by the applicant by submitting the Specific Plan Amendment Application to the Design and Development Department with the required fees as required by the City Council. The request must comply with Section 65453(a) of the California Government Code and Chapter 9.240 of the La Quinta Municipal Code. Amendments shall be processed pursuant to the provisions of the Government Code for Specific Plan Amendments. In the event the proposed amendment requires supplemental environmental analysis pursuant to the 18 19 361 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 California Environmental Quality Act (CEQA), the applicant(s) are responsible for preparing the necessary CEQA documentation. Any amendment will be subject to a public hearing requirement for which a 500 -foot radius notification of the public hearing will be required or will need to comply with the public hearing notification requirements of Section 9.200.100 of the La Quinta Municipal Code, whichever is the greater requirement. Modifications to Approved Grading Plan Final grading may vary from the project's approved Site Development Permit within the following restrictions: Finish grade elevations may vary by up or down .5 feet within the first 50 feet adjacent to the northerly property line and 1.0 feet up or down elsewhere on the site. 2. Final grading plans may be altered due to minor changes in building configuration, door locations, parking lot revisions, CVWD requirements and changes in ADA paths of access. Parking Requirements The Specific Plan allows standards to be different from those found in the City's Municipal Code. However, California Government Code Section 65915 does mandate specific parking standards when providing affordable units. Within the City's Municipal Code Section 9.60.260 (K), the By -Right parking incentive and parking ratios apply to the entire development and shall not be restricted to only the affordable units. The parking ratios are listed as follows: 1 -bedrooms require 1 parking space per unit and 2 -bedrooms require 1.5 spaces per unit. Although only 319 parking spaces are required per code, the minimum total parking spaces will exceed the number required. For the Community Center, 1 parking space for every 300 square feet of gross floor area shall be provided. The parking required for each unit will be sufficient for guest parking and encourage other modes of transportation. In addition to satisfying the required parking minimums, La Quinta Village Apartments will provide 196 extra parking stalls. Provision of future electric vehicle charging station connections is recommended and may be installed at a future date or as mandated per California Green Building Code (CalGreen). Carports In La Quinta Village Apartments, carports must have relatively flat or shed roofs and be made of metal or photovoltaic panels to endure the harsh desert environment. Carports should be complementary to the architecture of the apartment buildings. For the safety of residents, the carports shall have lighting. All electrical conduits shall be screened from public view. Carports should be placed as close to the corresponding building as possible for the convenience of the future residents if parking stalls are assigned. 19 20 362 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Trash Enclosures Trash enclosures shall comply with LQMC Section 9.100.200 in addition to the following standards outlined in the Specific Plan. Trash enclosures shall be placed in locations to be approved by the City of La Quinta and Burrtec Disposal to ensure the facility is accessible and secure. The location shall be outside public view as much as possible and be enclosed by block walls with metal gates and a pedestrian entrance. The walls of the trash enclosure shall complement the building in color and material. Fencing and Walls The function of walls and/or fences in the La Quinta Village Specific Plan will be to provide safety, security, and privacy to all the tenants. All fencing shall complement the architecture and landscaping on-site. Block walls and fencing in the La Quinta Village Specific Plan shall comply with LQMC Section 9.60.010 and the following: • Maximum height of 6 -feet except for tennis/pickleball courts may be 16 -feet. • Block walls are the preferred barrier along the perimeter. • In areas where existing masonry walls are present and in good condition, the walls will be stuccoed and painted to match. In areas where there is either no wall or fence, a new six -foot -high masonry wall will be erected as indicated by landscape plans. • A minimum six -foot -high decorative masonry wall will be necessary along both public streets to reduce the noise levels impinging on the residential uses. • To provide surface relief on block walls along the frontage, there shall be a decorative pilasters placed at the project entries. • Block walls shall be composed of masonry block with a decorative cap and matching grout. • Gates shall be aesthetically pleasing and automatic as opposed to manual. Gates shall have a Knox Box or other means of access for police and fire emergencies as approved by the Riverside County Fire Department. • The use of vinyl, wood, wire, chain link, serpentine, and barbed wire fences are strictly prohibited and shall not be used anywhere on-site. • Chain link fencing shall only be allowed for use around the perimeter of pickle ball and/or tennis courts. • Fencing shall be allowed to be within perimeter landscaping setbacks and around above -ground retention basin areas. Lighting All on-site lighting shall comply with LQMC Section 9.100.150 and the following: 20 21 363 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 • Lighting within the project site boundaries shall be complementary to the buildings and consistent with the scale and character of the project. • The adjoining properties shall be protected against glare of lighting fixtures and be designed to provide safety to the future residents. • Brightly colored and/or blinking lights are not allowed. • The location, design, type, and size of all exterior lighting shall be reviewed and approved by the City of La Quinta Planning Department and the Riverside County Sheriff Department. • A photometric plan with lumen intensity (candle -feet) and specification sheets that detail the material used will be required. Lighting on the property will be 1 - candle -foot on site and 0 -candle -foot at the property lines. • All lighting at the property line shall have back-flow screens to prevent spillover to the adjacent residential properties • All building mounted lighting shall be firmly attached to the building and shall not be capable of pivoting or being moved. When mounted on buildings adjacent to surrounding properties, lighting shall also be focused down directly on the ground to avoid spillover to adjacent properties. • All freestanding lighting in the parking area shall comply with the following: 1. The lights shall be contained lights with either a rounded fixture or shoebox fixture. 2. Lighting shall be focused directly down to prevent spillover to adjacent properties. 3. The total height of any freestanding fixture shall not exceed 18 -feet and shall have a metallic post. 4. The post shall connect to a concrete base with a beveled edge and decorative surface. Under no circumstance shall the base have the marking from the container that the concrete is formed in. 5. All connections between the pole and the base shall have a metal box screening the connection. 6. Lighting fixture placement shall provide the appropriate illumination for outdoor areas such as parking and pedestrian walkways. 7. The lighting level shall have the number of candle -feet that allows face recognition from 100 -feet. 8. Use of illuminated bollards for walkways is recommended. 9. Untreated bollards with rolled concrete are unacceptable and will not be allowed. Yellow bollards shall only be used when required by law but shall not have rolled concrete at the top of the bollard. 21 22 364 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 10. Whenever possible, bollards shall be used as a light fixture to enhance safety and provide additional amenity. Bollards not used for lighting shall have a decorative cover. 22 23 365 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Section 4 - Circulation Overview The La Quinta Village Specific Plan proposes to develop the adjacent street system in a manner consistent with the City of La Quinta General Plan Circulation Element. The property is located on Washington Street which is designated by the General Plan as a major arterial requiring a half street of 64 feet. The site also abuts Avenue 50 which is designated as a primary arterial for which the General Plan calls for a half street of 54 feet. Off -Site Circulation System The existing conditions around the site include partial improvements on both abutting public streets. The General Plan standards for improvements, which will be required in conjunction with this project, are consistent with other recent road improvements for both Washington Street and Avenue 50. The construction of the required improvements will continue the process of implementing the adopted General Plan Circulation Plan. Expanded pavement, curb, gutter, median and sidewalk/bike path improvements are planned for the project's two street frontages. Signal upgrades may be required in addition to relocation to the ultimate improvement location. On -Site Circulation System The 14.03 -acre site will be serviced by the main access on Washington Street and a secondary access on Avenue 50. The internal circulation is a driveway around the perimeter of the site which will have no dead -ends. The design also provides easy access for fire department and trash collection access to all buildings. Public Transportation A bus turnout and a relocated bus shelter on Washington Street is required as a part of the project's public street improvements per Sunline Transit requirements and Public Works Department. Prior to issuance of building permits for individual Site Development Permits, applicants shall submit a Transportation Demand Management (TDM) Plan to the Public Works and Design and Development Departments. The plans shall address capital improvement and operational standards as set forth in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition to development will not constitute compliance with the plan submittal requirements. 23 24 366 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Section 5 - Design Guidelines Landscape Concepts This section of the La Quinta Village Specific Plan contains development standards, design concepts, guidelines, and special treatment plans for the implementation of landscaping throughout the site. The landscape material chosen shall be compatible with the desert climate, water efficient, and compliment the character of the surrounding community. A preliminary landscape plan can be seen below in Figure 2.4 Landscape Plan. -� ,F- FAL Figure 2.4, Conceptual Landscape Plan 24 25 367 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 The landscape plan found in Figure 2.4 is conceptual and shall be approved by the Planning Commission via the Site Development Plan (SDP). The final landscape plan shall be approved by the Design and Development Director or his/her designee and shall be designed to perform the following functions: 1. Landscaping shall be in scale with adjacent buildings and be of an appropriate size at maturity to accomplish its intended purpose. 2. Provide a functional and aesthetically pleasing appearance. 3. Landscaping shall be used to complement the building architecture. 4. Landscaping shall comply with AB 1881 Model Water Efficient Landscape Ordinance and LQMC Section 8.13. 5. Provide a visual buffer of buildings from adjacent properties. 6. Provide landscape material that will provide shading and complement the architecture. 7. Provide an attractive and well-defined entrance and street frontage that will define the project. 8. Street frontages shall be consistent with the surrounding area. 9. Provide dust and erosion control during construction and natural color soil binder with native seasonal flowers to be used between phases with a 3 -year life to be replaced when needed. 10. Landscaping shall be used to screen undesirable views. 11. Preserve and protect the special attributes of the area and minimize adverse effects on the natural environment to the greatest extent possible. Approval Process 1. The conceptual landscape plan shall be approved by the City Council along with the Specific Plan and Site Development Permit. 2. The final landscape plan with all planting and irrigation details shall be approved by the Planning Manager prior to the issuance of a Building Permit. a) The final landscape plan shall include any direction provided by the Planning Commission and/or City Council. b) The Planning Manager can make minor changes to the landscape plan including moving landscape areas or changes in species. c) Any appeals can be made subject to the appeal process on page 32 of this document and found in LQMC Section 9.200.1 10. 25 26 368 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Development Standards 1. Selected plant material shall be low maintenance and drought tolerant. 2. Plant materials shall be water efficient. 3. Landscape areas shall have decomposed granite, ground cover, crushed rock, boulders, and turf. The use of turf shall be limited by the requirements of the Coachella Valley Water District. 4. Plants are to be grouped with plants with similar needs and irrigation requirements for efficiency and optimal growth. 5. Desert friendly trees with canopies shall be planted throughout the site to provide shade to uncovered parking and outdoor gathering areas. 6. The canopy trees shall be a mixture of trees of different sizes such as 15 -gallon and 24 -inch box. The use of 15 -gallon trees shall not exceed 50% of the total number of canopy trees used on site. 7. Trees shall be planted no less than 10 feet on center to avoid crowding and overlapping of canopies. 8. All trees shall have an adequately sized planting area. Parking area planters shall be a minimum of 5 feet x 5 feet and be clearly shown on the final landscape plan. 9. All landscaping shall be within planters bounded by a curb at least six inches high in the parking area. 10. Root barriers shall be used when trees are planted within 5 feet of pedestrian walkways and buildings. 11. The parking lot area will be landscaped with one tree per 10-12 parking spaces except for where carports are located and the frontage along Washington Street. All trees shall be 24 -inch boxes. 12. All canopy trees shall be double staked to prevent swaying and shifting, which can damage the roots underground by breaking them. Palm trees are not required to have staking. 13. Plantings such as trees and/or shrubs shall not obstruct views for safety and security purposes and shall not interfere with fire equipment access. 14. All trees, shrubs, and ground covers must be properly maintained. All dead or dying plants shall be replaced within 10 days of being reported to the property owner. Maintenance for seasonal planting will be required in the off season to remove all dead or frost damaged growth, leaf litter, or other debris. Irrigation systems must be maintained to ensure survivability of plant material. 15. All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment, or overhang. 16. Concrete mow strips shall be used between different types of planting material or different colors of decomposed granite. 26 27 369 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 17. Use of redwood headers, metal dividers, and rubber tubing as a separation between planting materials is strictly prohibited. 18. The spacing of shrubs shall be appropriate to the species that is used. 19. Plant material shall not interfere with designated emergency areas, fire equipment, or electrical transformers. 20. Decorative gravel/crushed rock/ and/or decomposed granite may also be used as groundcover. The maximum size of decomposed granite shall be 3/8 - inch which ensures a variety of sizes. The gravel can be composed of rubble or cobble and should have a range of 4-6 inches diameter. 21. Maintenance of landscape shall be the responsibility of the property owner and shall be performed according to proper horticultural standards. 22. Nothing in this subsection shall preclude the installation of additional landscaping and the planting of additional trees which can be approved by the Planning Manager. 23. The perimeter landscaping setbacks shall be a minimum of 10 feet or be an average of 20 feet, including Washington Street and Avenue 50 frontages. Fencing and landscaped retention basins shall be allowed to encroach into the perimeter landscaping setbacks. The landscape concept follows a "lush oasis" theme while emphasizing water efficient materials, colors, and form. A planting palette is shown in Exhibits 37-41. Entry areas are treated with a formal layout of Date Palms, Palo Brea, and Mulga Trees that frame the entrance. Perimeter areas are treated with Indian Rosewood and Tipuana Tipu trees. The landscaping around the buildings will be Tipuana Tipu, Swan Hill, and Mulga which complement the architecture of the buildings. In general, the proposed landscaping will create an attractive street frontage and a pleasing environment for future residents. Signage Project identification signs are anticipated at each entry. The signage will be consistent with the City of La Quinta sign ordinance. Such signs shall be architecturally integrated with the wall and landscape designs and limited to one project identification sign on each frontage with no more than 24 square feet of sign face per sign. Other minor signs will be consistent with city or state/federal requirements. See Exhibit 42 - Entry for the main project (monument) sign. General Architectural Theme La Quinta Village Specific Plan will provide multiple family dwelling units and will endeavor to provide a welcoming atmosphere with open space to avoid the feeling of high bulk and density. The architecture will support this goal and provide a pleasant atmosphere for future residents of La Quinta Village Apartments. The La Quinta Village Specific Plan will include the following policy statements to support the goals of the City's General Plan and La Quinta Village Specific Plan: 1. Provide clean and crisp architectural forms and materials. 27 28 370 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 2. Indoor/outdoor spaces will blend with the landscape shape. 3. Provide the use of natural materials and colors to be reflective of the dramatic desert surroundings. 4. Architecture and Landscaping will complement each other and create a pleasant environment. 5. Maintain the Image Corridors on both Avenue 50 and Washington Street. The Image Corridors on Avenue 50 and Washington Street are measured 150 -feet from the right-of-way line as indicated on the parcel map and as shown on Exhibit 7. On Washington Street, building 1 is completely within the 150 -foot image corridor setback and building 6 is partially within the setback. Building 6 is a 2 -story building and extends approximately 22 feet into the setback. In the final analysis, the view of the Santa Rosa Mountains is not impacted since they are to the north and west of the project site and are most impacted by the buildings on the other side of Washington Street. Therefore, this project has no impact on residential or vehicular views from Washington Street. Exhibit 33, View 8 confirms there is no impact on the view from Washington Street. On Avenue 50, Buildings 6 and 7 are entirely within the 150 -foot setback and within this Specific Plan allowable height requirements. Exhibit 33 shows Views 8, 9, and 10 that have the views from both Washington Street and Avenue 50. Views 8 and 9 show the impact of Avenue 50 from Buildings 6 and 7. A minuscule amount of the Santa Rosa Mountains view may be blocked, but the view will still be visible for people driving from the west. Notably, this view will mostly be impacted by other unrelated projects to the west. These renderings make it clear that the beautiful views of the Santa Rosa Mountains will still be visible. La Quinta is known for its stunning views and this project will not interfere with those views. Therefore, the Specific Plan will allow a maximum height of 28 feet within the 150 -foot Image Corridor. It will only apply to this property and not anywhere else in the City of La Quinta. Preserving the viewsheds is desirable to the developers of this Project because they will make it more desirable to future tenants. Creating more multi -family housing will benefit the City of La Quinta, the Coachella Valley, and Riverside County by helping to alleviate the housing crisis that we all face. La Quinta Village Apartments consists of two-story multiple -family dwelling buildings with a Spanish hacienda architectural style expressed with stucco finish, parapet walls, Spanish the roofing, stucco reglets, and metal railings. Exterior color schemes convey a traditional Spanish palette with hints of accent colors. The gated community also includes a clubhouse, carports, open space with meandering walking paths, several shade structures with barbeques and picnic tables, a putting green, pickleball court, dog park, shaded tot lot, and a pool area with a spa, cabanas, fire pits, and barbeques. 28 29 371 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Figure 1 - Primary entrance on Washington Street. The architectural site plan has a main access on Washington Street and a secondary access on Avenue 50. The clubhouse and pool will be placed at the terminus of the Washington Street entrance with four (4) buildings surrounding it. The remaining eight (8) buildings will frame the remainder of the property. The carports are located throughout the property so each building has convenient parking. The clubhouse, pool, cabanas, barbeque areas, and tot lot are at the center of the property. The dog park and pickleball courts are located on the south side adjacent to Avenue 50. Figure 2 - Rendering of entrance on Avenue 50. Carports sizes will vary and will have support columns with flat metal roofs or photovoltaic panels. The carports will be metal so that they can weather well in the harsh desert environment. 29 30 372 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 The Spanish hacienda style clubhouse building will be a traditional white color with multi- level roofs, architectural pop -outs, door and window trims, and louvred awnings over the front windows. The main clubhouse room includes bi-fold doors to provide an indoor - outdoor relationship to the pool deck area. The pool deck area includes access to the pool, spa, showers, and restrooms. The residential buildings will be similar in concept and composed of traditional Spanish tones including white, off-white, and brown with accent colors. Covered breezeways provide access from both sides (long side) of each building with a stairway. The buildings will have architectural pop -outs for surface relief and a multi -height roofline. The facades will be detailed with stucco reglets creating a geometric pattern which will subtly enhance the building design. The exterior doors and windows will have a header stucco trim to provide relief. Each unit will have a door that leads to a covered balcony with a tube steel railing painted black in a decorative design or to a covered patio with a low wall. Vinyl windows and fiberglass doors will be bronze in color to provide a contrast to the light stucco wall colors. Each of the long sides of the buildings will have separate units on each side. The units will not have a railroad flat floor plan. The ends of the buildings include architectural pop -outs and stucco recessed niches for surface relief. Buildings are designed as four-sided architecture with the street view facade very similar to the courtyard facade. To prevent clutter, electric and water meters will be screened at the breezeways of each apartment building. Figure 3 - View on Avenue 50 looking towards Washington Street intersection with mountains in the background. The architecture will provide a positive living space for the future residents and make a positive contribution to this neighborhood of La Quinta and to the city as a whole. The administration and implementation section of this document is provided herein to further define the relationship between the La Quinta Village Specific Plan, City of La Quinta development codes and standards, and the process by which the La Quinta Village Specific Plan will obtain additional discretionary approvals as the project proceeds through the phases of the development process. 30 31 373 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 Administrative Plan 1. La Quinta Village Specific Plan Upon its approval/adoption, the La Quinta Village Specific Plan as approved by the La Quinta City Council will become the primary document governing land use regulations. The La Quinta Village Specific Plan has development standards and land use regulations that will replace the corresponding standards in the City of La Quinta's Municipal Code. Where the Specific Plan does not address a standard or subject, the applicable City code and/or ordinance shall apply. The Corresponding Site Development for the La Quinta Village Apartments shall run with the property once the project is built and is transferrable to future owners of the property. The Site Development Permit shall expire if a building permit is not issued within two (2) years from approval of the Second Reading of the Specific Plan by the City Council. Prior to the expiration of the Site Development Permit, the property owner may apply for a two (2) year time extension to be approved by the Planning Commission on an annual basis. The time extension must be submitted prior to the expiration date of the project. 2. Interpretation Unless otherwise provided, should ambiguities occur concerning the content and appropriate application of the La Quinta Village Specific Plan, said ambiguities shall be resolved by the Planning Manager of the City of La Quinta or his/her designee, in a manner most consistent with the intent, goals and policies set forth in the La Quinta Village Specific Plan and the City's General Plan as outlined in Section 9.200.110. The Director's decision is appealable to the Design and Development Director and or Planning Commission in accordance with La Quinta Municipal Code. Implementation Program According to Government Code 65451 of the California Planning Law, the La Quinta Village Specific Plan shall include a program for implementation including regulations, conditions, programs, and additional measures as necessary to carry out the plan. In response to this requirement, the Implementation Program for the SP and Mitigated Negative Declaration consists of the following: 1. Environmental Review and Mitigation Monitoring Program The Specific Plan has been subjected to Environmental Review pursuant to the provisions of CEQA for a Mitigated Negative Declaration. The Mitigation Measures adopted for this project shall comply during all stages and phases of the project's construction and operation of the facility. 2. Adoption of the La Quinta Village Specific Plan and Approval of the Site Development Permit. 31 32 374 La Quinta Village Specific Plan City of La Quinta Amendment No. 2 The La Quinta Village Specific Plan shall be approved by Ordinance which includes a first reading, second reading, and then take effect 30 days after the second reading. The Site Development Permit will be processed concurrently with the Specific Plan and shall take effect after the 30 -days have expired. 3. Grading and Improvement Plans A Precise Grading Plan (PGP) will be submitted to the City for approval Site Development Permit. Approval of a grading plan(s) will allow the developer(s) to begin grading the site for development. A National Pollution Discharge Elimination System (NPDES), Water Quality Management Plan (WQMP), PM -10 Plan, and hydrology study will be required prior to approval of the PGP. Improvement plans such as street, water, sewer, and drainage plans will need to be submitted to the City of La Quinta and all affected agencies for review and approval prior to issuance of a grading permit(s). 4. Project Maintenance During construction, maintenance of all facilities will be the responsibility of the developer. After the property has been improved, ongoing maintenance of private facilities including streets, street lighting, landscaping, entry documentation and similar items will be the responsibility of the property owner. Site Development Permit Site-specific development of the site shall be subject to Site Development Permit and approval by both the Planning Commission and City Council for the City of La Quinta. If the Specific Plan is processed separately from the Site Development Permit, then the Site Development Permit shall be acted on by the La Quinta Planning Commission. 32 33 375 Resolution No. 2023 -XXX EXHIBIT D Conditions of Approval- Recommended Specific Plan 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 1 of 2 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan or the Project. The City shall have sole discretion in selecting its defense counsel. No later than thirty (30) days after conditional approval of this Specific Plan, the applicant shall execute and deliver to the City an indemnification agreement (with release of claims against the City) in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 2022-0001 shall comply with all applicable conditions and mitigation measures for the following related approvals: Environmental Assessment 2022-0001 General Plan Amendment 2022-0002 Site Development Permit 2022-0001 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. The applicant requested in its initial application, as submitted, a density that would result= in the remaining sites in the City's Housing Element not being adequate to accommodate= the City's share of low- and very low-income units under the City's inventory of sites, as= approved by the California Department of Housing and Community Development (HCD)= in accordance with the City's regional housing need assessment (RHNA) pursuant to= Section 65584. Therefore, pursuant to Government Code section 65863(e), the applicant= is required to ensure compliance with the state "no net loss" law set forth in Section= 65863. 4. Prior to Specific Plan 2022-0001 becoming effective, prior to Site Development Permit= 2022-0001 being eligible for approval, and prior to the issuance of any grading,= construction, or building permit by the City, the City's update to the Housing Element shall= be approved by the California Department of Housing and Community Development= (HCD) within 180 days of approval by City Council of GPA2022-0002. This approval by= HCD must include certification of the City's Housing Element after adding "Sites 4, 5, and= 6", as noted in Exhibit A of the Planning Commission Resolution, to the inventory of sites= within the City to accommodate the City's share of low- and very low-income units under= the RHNA. If, within 180 days of approval by City Council, HCD does not approve and/or= certify the City's Housing Element after being updated by GPA2022-0002 and the adding= of "Sites 4, 5, and 6," then GPA2022-0002 shall be repealed on its own accord without the= need for further action by City Council Specific Plan 2022-0001 shall not become 376 Resolution No. 2023 -XXX Conditions of Approval- Recommended Specific Plan 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 2 of 2 effective, Site Development Permit 2022-0001 shall not be approved, and no grading, construction, or building permit for the Project may be issued by the City. Pursuant to Government Code section 65863(e) and the applicant's obligation to ensure there is "no net loss" of the City's share of low- and very low-income units under the City's inventory of sites, the applicant shall have the obligation to reimburse the City for any and all costs incurred by the City (including staff time and attorney's fees) in furtherance of obtaining HCD's approval and/or certification of the City's Housing Element after being updated by GPA2022-0002 and the adding of "Sites 4,5, and 6"; applicant's obligation to reimburse the City shall be regardless of whether or not HCD approves and/or certifies the GPA2022-0002 and the adding of "Sites 4, 5, and 6." No later than thirty (30) days after the City Council's conditional approval of this Specific Plan, the applicant shall execute and deliver to the City a reimbursement agreement in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. 5. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the designated 74 moderate -income units are subject to a recorded affordability restriction of 55 years or longer to ensure continued affordability (Affordability Covenant). The Affordability Covenant shall be in a form approved by the City Manager and City Attorney, and shall require, among other terms and conditions, eligibility criteria as determined by state law for selecting eligible households, rental limits, annual income verification for current households, and the unit numbers designated as the 74 moderate -income units. The Affordability Covenant shall be binding upon all successors in interest of the applicant and shall be recorded in the office of the Riverside County Recorder. 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. The property owner shall submit to the Design and Development Department on an annual basis by January 30 of every year a record of rent payments for the 74 designated moderate -income units that meet the Riverside County moderate -income rent limits. 377 Resolution No. 2023 -XXX EXHIBIT E Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 1 of 19 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit or the Project. The City shall have sole discretion in selecting its defense counsel. No later than thirty (30) days after conditional approval of this Site Development Permit, the applicant shall execute and deliver to the City an indemnification agreement (with release of claims against the City) in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 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. The Site Development Permit shall expire twenty-four (24) months after City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080 unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) 378 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 2 of 19 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. 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. 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 379 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 3 of 19 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 provision for the funding and perpetual maintenance and operation of all post -construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 7. 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). 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. Site Development Permit 2022-0001 shall comply with all applicable conditions and mitigation measures for the following related approvals: Environmental Assessment 2022-0001 Specific Plan 2022-0001 General Plan Amendment 2022-0002 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 380 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 4 of 19 11. The applicant requested in its initial application, as submitted, a density that would result in the remaining sites in the City's Housing Element not being adequate to accommodate the City's share of low- and very low-income units under the City's inventory of sites, as approved by the California Department of Housing and Community Development (HCD) in accordance with the City's regional housing need assessment (RHNA) pursuant to Section 65584. Therefore, pursuant to Government Code section 65863(e), the applicant is required to ensure compliance with the state "no net loss" law set forth in Section 65863. 12. Prior to Specific Plan 2022-0001 becoming effective, prior to Site Development Permit 2022-0001 being eligible for approval, and prior to the issuance of any grading, construction, or building permit by the City, the City's update to the Housing Element shall be approved by the California Department of Housing and Community Development (HCD) within 180 days of approval by City Council of GPA2022-0002. This approval by HCD must include certification of the City's Housing Element after adding "Sites 4, 5, and 6", as noted in Exhibit A of the Planning Commission Resolution, to the inventory of sites within the City to accommodate the City's share of low- and very low-income units under the RHNA. If, within 180 days of approval by City Council, HCD does not approve and/or certify the City's Housing Element after being updated by GPA2022-0002 and the adding of "Sites 4, 5, and 6," then GPA2022-00025 shall be repealed on its own accord without the need for further action by City Council and Specific Plan 2022-0001 shall not become effective, Site Development Permit 2022-0001 shall not be approved, and no grading, construction, or building permit for the Project may be issued by the City. Pursuant to Government Code section 65863(e) and the applicant's obligation to ensure there is "no net loss" of the City's share of low- and very low-income units under the City's inventory of sites, the applicant shall have the obligation to reimburse the City for any and all costs incurred by the City (including staff time and attorney's fees) in furtherance of obtaining HCD's approval and/or certification of the City's Housing Element after being updated by GPA2022-0002 and the adding of "Sites 4, 5, and 6"; applicant's obligation to reimburse the City shall be regardless of whether or not HCD approves and/or certifies the GPA2022-0002 and the adding of "Sites 4, 5, and 6." No later than thirty (30) days after the City Council's conditional approval of this Site Development Permit, the applicant shall execute and deliver to the City a reimbursement agreement in a form approved by the City Manager and City Attorney, memorializing applicant's obligations under this condition of approval. 13. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the designated 74 moderate -income units are subject to a recorded affordability restriction of 55 years or longer to ensure 381 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 5 of 19 continued affordability (Affordability Covenant). The Affordability Covenant shall be in a form approved by the City Manager and City Attorney, and shall require, among other terms and conditions, eligibility criteria as determined by state law for selecting eligible households, rental limits, annual income verification for current households, and the unit numbers designated as the 74 moderate - income units. The Affordability Covenant shall be binding upon all successors in interest of the applicant and shall be recorded in the office of the Riverside County Recorder. 14. The property owner shall submit to the Design and Development Department on an annual basis by January 30 of every year a record of rent payments for the 74 designated moderate -income units that meet the Riverside County moderate - income rent limits. PROPERTY RIGHTS 15. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 16. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, site development permit, and/or as required by the City Engineer. 17. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 128' ROW) — The standard 64 feet from the centerline of Washington Street except for additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 50 (Primary Arterial 108' ROW) — The standard 54 feet from the centerline of Avenue 50 except for additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 18. 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. 382 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 6 of 19 Pursuant to this requirement, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street geometric layout, drawn at 1" equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 19. When the City Engineer determines that access rights to the proposed street right-of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of-way, the applicant shall grant the necessary right-of-way within 60 days of a written request by the City. 20. At locations where the onsite finished grade has an elevation differential with respect to the arterial street top of curb exceeding 11.0 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway area and sidewalk requirements by installing retaining walls between the sidewalk and the back of the landscaped area as needed as approved by the City Engineer. 21. 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. 22. Direct vehicular access to Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 23. 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. 24. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 25. 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 383 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 7 of 19 proposed. 26. 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. 27. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1) Washington Street (Major Arterial; 128' R/W): Widen the east side of the street at locations where additional street width is needed to accommodate: a) The applicant shall construct a concrete bus stop pad north of the primary entry drive on Washington Street as required by SunLine Transit and approved by the Planning Manager and the City Engineer. Bus turnout shall be provided if required by SunLine Transit for the bus stop. b) A deceleration/right turn only lane shall be provided at the Washington Street Primary Entry as determined by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. d) 6 -foot -wide sidewalk. e) Extend the existing raised median on Washington Street north of Avenue 50 to line up with the curb face on the south side of the primary entrance to prevent southbound Washington Street traffic from making illegal left turns into the project entrance on Washington Street as approved by the City Engineer. f) Establish a Class II Level II benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 50 (Primary Arterial; 108' R/W): 384 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 8 of 19 Widen the south side of the street along the project boundary within the existing City right-of-way or obtain right-of-way dedication from landowners on the south side of Avenue 50, if needed, to accommodate: a) At the Avenue 50/Washington Street intersection, a right turn only lane, a golf cart/ bike lane on the north side and south side of Avenue 50, a westbound thru lane, two eastbound thru lanes, and dual westbound left turn lanes as approved by the City Engineer. b) Along the project frontage, a golf cart/ bike lane on the north side and south side of Avenue 50, two westbound thru lanes, two eastbound thru lanes, and a painted median as approved by the City Engineer. Other required improvements in the Avenue 50 right-of-way and/or adjacent area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. d) 6 -foot -wide sidewalk. The applicant shall extend improvements beyond the project 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). 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. The applicant is responsible for construction of all improvements mentioned above. 28. 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. Primary Arterial 4.5" a.c./6.0" c.a.b. 385 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 9 of 19 Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. General access points and turning movements of traffic are limited to the following: A. Washington Street - Primary Entry: Right turn movements in and out are allowed. Left turn movements in and out are prohibited. B. Avenue 50 - Secondary Entry for Residence Only: Right turn in and out movements are allowed. Left turn movements in and out are prohibited. 31. 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. 32. 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. 33. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOTS and ACCESS POINTS 34. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking space and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. 386 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 10 of 19 C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. 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 spaces and 18 feet with a 2 -foot overhang for accessible parking space or as approved by the City Engineer. One van accessible parking space is required per 8 accessible parking spaces. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, 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. 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. 35. 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). 36. 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. On -Site Precise Grading Plan 1" = 30' Horizontal F. Off -Site Street Improvement/Storm Drain Plan 387 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 11 of 19 1" = 40' Horizontal, 1" = 4' Vertical G. Off -Site Signing & Striping Plan 1" = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the parkway area. H. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through H to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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. 37. 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. 38. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer. 388 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 12 of 19 39. 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 EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 40. Prior to constructing any off-site improvements on Washington Street and Avenue 50, the applicant deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements required on Washington Street and Avenue 50. 41. 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. 42. Depending on the timing of the development of this Site Development Permit, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to 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. 389 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 13 of 19 In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the issuance of any permit related thereto, reimburse the City for the costs of such improvements. GRADING 43. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 44. 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. 45. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A final WQMP prepared by an engineer registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions 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. 390 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 14 of 19 46. 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. 47. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.230(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 48. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 49. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments or as approved by City Engineer. 50. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 51. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (05) from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance finding review. 52. 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. 391 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 15 of 19 nRAINA(;F 53. Stormwater handling shall conform with the approved hydrology study for the La Quinta Village Apartments project (SDP2022-0001), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 54. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site including the half -street tributary area on Washington Street and Avenue 50 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. 55. 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. 56. 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. 57. 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. 58. 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. 59. Stormwater may not be retained in landscaped parkways unless approved by the Planning Manager and the City Engineer. 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(8)(7). 392 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 16 of 19 60. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 61. 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. 62. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 63. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer/owner shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. 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. 393 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 17 of 19 66. 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. Applicant may request a waiver from undergrounding poles, such as the poles on the northern property line, consistent with the City's undergrounding waiver guidelines in the La Quinta Municipal Code. Waiver must be approved by City Council. 67. 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 68. 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 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 70. 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). 71. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 394 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 18 of 19 72. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Design and Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 73. 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. 74. 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. 75. 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. 76. The final design of the perimeter landscaping, particularly the perimeter wall/fence, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 77. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 78. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 79. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, common areas, and stormwater BMPs. 395 Resolution No. 2023 -XXX Conditions of Approval- Recommended Site Development Permit 2022-0001 Project: La Quinta Village Apartments Adopted: November 21, 2023 Page 19 of 19 FEES AND DEPOSITS 80. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 396 d FRED Updated 11.09.2023 I 1 L I TERRA NOVA PLA -AGA WSFMCk Wn ATTACHMENT 2 : � 1 1 � 1 ! 70 , � 1 j i 1 It ` .i !r , 10 �r ,F 96 W. 13L 12VF 4.— Zoning . - Zoning 1� O5 N x O 52nd AV E. cc N i ' CN w W �W IC CO 12 j� CP 54th AVE. 1 CR 15 1 CT i i FP i 1• - GC MC i 05 1 i PR 20% 164 U RC 19 El, RH RL RM -.-......._._._.....R GMAVE_ ® RMH 1 1 L POw RVL r...r....i 62ndAVE. _ ! VC N :..................... 64thAVE, ....... a ■1 Mles City of La Quinta General Plan Inventory Map La Quinta, California Fid" I1-25 152 398 PROJECT DATA PROJEc1a6uRE« FE G.XBIF':R S� W+OIWGT9N 6TTJ�T E AL24;1'c z0 ..ae<AaiLeeBIl1E➢Efl 6400]0 016 Site Plan LEL&L IIEi£pEffi24 BASE DENSITY: U 03 ACRES • 12 UNITS ACREw We EASE UNITS 13 61 ACRES ell N POR LOT 1 LAB 023'52) DESERT CLUB I.VUIOR TR 2 Lc:1 S --sea N. -r F OESERI CLUB INVVIOR TR 2 Arms Ott B4 M1!!LLVTIPel01 R.•:I.I4FT1T,e V.,P BOPk I,'.ip P.,: B 0230 , PL4 P 099 RPH. L.I PC'.1 SPROPOSED T1YO STORY APARTL'ENT BUILDINGS LATH CLUBHOUSE, GAR':GES, CARRORTS POOL. MA COL1.MM IANDSCAPE SPFCESAND NECESSARY HARDSCAPE AND S�Leie E%)STING 20141NG DENSITY RESIDENTIAL 1401AGRES a 18 UNITS'ACRE. 252 PROPOSED UNITS (112 UNITS DCL UNITS PER ACRE) _ REV HC= FUTURE EV ACCE551�'E PUIVO SFAC 19141 ASlE 2-BRUNITS: 15 SPACES PEA UNIT REQUIRED INCLUDES AFFORDABLE OENITY BO`I'.IS OVERLAY Pp'-JiTXFp jpONC{ A".I I.'EDIUI:;HIG!I DENSITI RESIDENTIAL Bldg 4 -Eli (L-12 UNITS PERACRE) BASED ONLOI•aC 9 GU 260 DENSITY BONUS PERCENTAGES '111TH DENSITY BONUS. SEE PROJECT INFO BELOYr SITAR 611.14G E SF1 14 03 ACRES BUILDING FOOTPRINT T02j9&5F WJC LOT CO:'ERAGE 63!.OF NETLOTAREA. 16666509 SF LOT COVERAGE PROPOSED 35y.213901 SF TO1I ILDING/,ri 259,199 SF TOTALPROPSED DNYELLING UNITS 252 WITS 1214,9%SF FAIN. Col.! .'ON OPEN REQUIRED 3Ot: OF NEr PROJECT AREA -IL],34404 SF COh!KION OPEN AREAPRO`:IOEO 3461:=2111e25F ACTIVEREC. ATIONA'EA REQUIRED: W.OF CO At- OPENARE:, REQUIRED=55001 SF ACTNE REMEr T)ONAREA PROVIDED 11 lr�-),110 SF WNLIW F.::W .CN 2JU I.".SEIINTERIORSIDEYARDSEIIIII ST L-Ik--RIOR SIDE YARD SETBACK GINNIUNI REAR TARO SET11- 15-0" DIN. PERII.'ETER V,NDECAPE SETBACK 10.0" AVG PER ILIETER V,NOSCAPEETBACK: 20-0' NV•K NO OF STORIES ALLOWED PER RIAH ZONING 2 PER A OU ILRAGENERALP rN E%HIBIT)6 TMt4AARrn.IAQECORRIppR w40.N310N 111111 1ECOND7,RY II.!AGE CORRIDOR .9Ve-Aw B.!AGE CORRIDOR SETBACK: 1-4" ALLOLIABLE BLDG HEIGHT ATH NGE CORRIDOR: 224- 1 -p1 -.DTC!! STREET 9 A: ENUE 50) "'SEE 011OMG3N1 FOR ADD NOI BYLD1Hg.£DHSIBLLCnol4 OCCUPANCY TYPES: 8 2,A I A 3 /NO B CONSTRUCTION TYPE I'l III SPRINKLERS YES FULL),PRINKLERED(NFPAIS) ALLO'NABLE BJILDING HEIGHT PER RI,IH 2DNING: 2T 0" PROPOSED BUILDING HEIGHTATCLUBHDUSE 19-0" PROROSEO BUILDING HEIGHT AT2 STORY BLOGS 27- tl�p3nEL1BEPffieB:pmI2�eY.171L9LHE•E iQ@.&iSDE]!MESJe2DB�IseL fpH misz•� IE41R� BmLgIBu s�Ls PROJECT INFORMATION 1-BIIApallaenl 1h -STD 30 613 20,110 1 - en Bed Apalml 16 -ADA 34 755 25610 1-Be1 Apatlmcnt 16 -STD 34 755 25,670 2-Betl ApVlmett 2AADA6B 960 65280 ta. WnFr11 2ASTD 52 960 01.E20 2S2 200.H2 AR n DENSITY CALCULATIONS .Ry Site Plan A02 BASE DENSITY: U 03 ACRES • 12 UNITS ACREw We EASE UNITS B Scu3nd Floor Plan LTNG PER LORC 9111,11 BYFIGHT PARINCENTIVE, THE TOTAL UNITS PROPOSED 252UNITS 100OF C= CO•'PACI PARVhG SPAOEp 9'X Ifi) - COVERED STS DARD PARVNG SPACE I9 x 19-) FOLLOY:RIGPARKING RATIOS SI4UL APPLY TO THE ENTIRE DEVELOMONT (HOULDING HARKET PATE UNITS) 59': DENSITY BONUS IS BEING PROPOSED SD Fn=FUn10.EEJPAR.:IN3 SPACE /9 %19') 1-BRUHIT I SPACE PER UNIT REQUIRED t 1401AGRES a 18 UNITS'ACRE. 252 PROPOSED UNITS 1 _ REV HC= FUTURE EV ACCE551�'E PUIVO SFAC 19141 ASlE 2-BRUNITS: 15 SPACES PEA UNIT REQUIRED FEV VAN FO RSA=:DENSITY BOt4US.4 1.OF BABE UNITS NEEDTO BE F.!OO811 INCOI: E UNITS Bldg 4 -Eli HE BASED ONLOI•aC 9 GU 260 DENSITY BONUS PERCENTAGES HC. ACE55]BLE STANDARD PARCI:G SPACE I-III').'AISLE °AREJN_$rJgl_.rr ARFAIrmMI A TIC Van 4Y.. 1100 • TJ LOWA=TE PGOSB: UI. o NC l'AN =ACCESSIBLE V2.1 I SPACE It- .ri.S'IV- V..COVERED STANDARD PARFUZ SPACES: 15111wu1.r Ili li MARKET RATE UNITS ASE 4,NIT MII AOPFBSEWTADEOr YOM1'RA�1K!!�`.IF1.1RS T4T4 1321 BED UNIT515239':: 01252 UNITS) F41L=DE51G1ATW HAU-\'AV PARC!:GSPA,I(9'%19) UIiFIERnl CJ15FKTFAL.}':G SPACER: 61lavnurryrlall UN[L"Blim SEDII�FM[IIL A18 TOTAL UNITS 252 L^]29EDUIIIT!SNT.h PI�UNIP9 252 TOTALUNITS P= STA•IDARD PAAKIHG I-I9'%19'1PTY I]') CAHOWTS1AK.4RD FnRYbC SFAC�3; 3511n<4Ryr+l A20 MARKET-RAIEUNITS PROVIDED: MDOERATEWCOME UNITS PROVIDED: * 1 3D V -S & Maleri.l5 Boats A22 911 -BED UMTS 39 1 BED UNITS 152 7'5 0114 UNITS) �ASFc 52211+v°n 1N ex -.J 178 TOTAuAARKET RATE UNITS PROUD 74 TOTALOODERATE INCOIJE UNITS P-VID Gross Building Area Common A- C-Icul.U.ns ANN) Sf)AI+LISFI Bltlg 01 1F. -t34 9 36 SF PER FLOOR LFBLLFIgtr CLUBHOUSE RESIDENTACTIVITY 92 02 Is L54 7.1s13F14R 0.00'4 FFire ftiscr MECHANICAL1 12 Bop 07 22.6951SeF PFA ALCOR GYLI RESIDENTACTIVITY 725 M04 26.536 15:'089F IgAFLOOR HALL CIRCULATION /B6 Bldg 05 29 G12 14.1101 PER FLOOR HK SERVICE 36 Bldg06 24.393 121%5 SF PER FLOOR 01I ADMINISTRATION 290 0"07 & 12 50,438 12605 SF PER FLOOR RR RESTROOIAS 124 90g08 22294 11.147 SF PER FLOOR Shoxa RESTROOI.IS 62 Bldg 09 274131 13594-5 SF PER FLOOR Sao' SERVICE 111 Bldg 10 19.4117 9733 S SF PER FLOOR We'Sar CIRCULATION 36 wo 11 ITNE49 A 024 5 SF PER FLOOR WH LiBIIANICK 12 p1m1gV1+ L1.STUtTYI 31019 2,578 SqR 278,502 aq N :NG FAFA I'XLUCLfIAP EACH DAELL/1GUNIHAS p3ENJ,siLl PHriki EPATIDMI B9LGDNt 1MP�SUItrUr.1 4U E%n:RI. 4YAIL5 A•.a EACH BUILDING HAWS 0\E FIRE RISER `SEE CIVIL FOR LOCATIOr:S B'UIM:%G',Or PSDIIDEO V.TIH GulOFIrliPPQ-I P-1 or'CCTI+I at Pap, OA Hoar IDUM46K)TttL14f ISAApCM91. �I PA IRWIN PARTNERS A R C H I T E C T S 245 Fischer Av.nu.. Suil. B.2 Cash Mesa CA 92626 ,, 14)5 v572449 w.ipaoc corn ARCHITECTURE PL AN N I NG CONSULTING La Quinta Village Apartments Troutdale Village, LLC. : LSLOT _i Y:9! �R PARKING CALCULATIONS VICINITY MAP °II,SN� II7B.�RI>ml!@ES£BYia£IIEdB51ti4`E�Atro+L2'n 29011UHL•H1GiLP2H1[Atlflld6LffiYL (NOT RESTRICTED TO UNLY AFFORDABIE UNITS) PARKING RATIOS PER LQFIC 9 W.260 ARE LISTED ABOVE UtiDS 1321 -BR UIInI I SPACE'1NIT REO ARED .132 1202&1 UNITS r 3 S SPACESAINir REQUIRED =180 CQ!5201[im(CEba4 I SRACE PER 300 SF OFCROSSFLOOR AREA - : 2 TOTA.SPACESREQJIRED: 319 TOTAL SPACES PROVIDED: 522 £Q'�HE¢e• HGHOIPEfjI1z0EP&VIDED 3.?192i4D(1Gj-$' 159 UNCOVERED Lr:Oc. PROVIDED 154 COVERED 15I Ur:COVE-O TOTAL SPACES PROVIDED: 356 COVERED ♦ 165 UNCOVERED = 5.'2 TOTAL NOTE: ADA AND FEVPARKING 6 INCLUDED N THE OVERALL PARKING COUNT RKYu4 WLlH67JOHS EfmIBEFTEFeEEDtlH LEQIIIpFfltQt41&BEtD R1[PF�•+�-•� - - - TOTAL PAR R. SPACE, 522 TOTAL PARKING SPARESSt= SHOii-TERM ' 03S ` ID-: OFTOTA. PAISPAffS S22 ISSa1-IE-F-Np) 210' SIS f5 SIGNED PA0.KINGSPACE, 10,99 LONG TERN 0 N/A TOTAL HC SPACES11i 11 RITWF EVSPACES REQb P .rcCa0. r>7I.aRl•d9ElFti '.T Oi.Y -'r15 FIITUREEVSPACESPROVIDED 52 SSOF 1 LYMSSIGNEO PEAKING SPACE, 0.25 MII:. BICYCLE PARKING REQ -0 2 TOTAL HC SPACES REQD 1 TOTAL BICYCLE PARKING PROVIDED A ADA CAR SPACES RICO 15 PER GLGAYL//L10E.9.I:0L[T01G'�•1111[2F CILV INC ADAVANSPACES REQ D , 74MIEVSWESI 00I CFSIPPOAT4ND POILP9 TOTAL ADA SPACES PROVIDED 12 ELFAR.IL 4DIIOE iUPM.Y EQ"JIAnFTIT (lM1se). L.ITIKlEOT0 DEHONSTRAIE MDIEI:T'S CAW301TYL. CAPACITY FOR FACILITATING FUTURE EJ CHARGING 6OBFQULRFMF T FOR EVSPACES TO BE ccNSrRUCTED OR AVAILAB LELtM LEV CHARGERS ARE INSTALLED FORUSE La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 ATTACHMENT 3 SHEET INDEX 11 TWe VI s C1 CIVIL SITE PLAN C2 CONCEPTUAL GRADING PLAN C3 PRELIMINARY UTILITI"PLAN ARCHITECTURAL .Ry Site Plan A02 £ B Scu3nd Floor Plan LTNG PER LORC 9111,11 BYFIGHT PARINCENTIVE, THE CP 100OF C= CO•'PACI PARVhG SPAOEp 9'X Ifi) - COVERED STS DARD PARVNG SPACE I9 x 19-) FOLLOY:RIGPARKING RATIOS SI4UL APPLY TO THE ENTIRE DEVELOMONT (HOULDING HARKET PATE UNITS) FEV SD Fn=FUn10.EEJPAR.:IN3 SPACE /9 %19') 1-BRUHIT I SPACE PER UNIT REQUIRED t FEV HC 1 _ REV HC= FUTURE EV ACCE551�'E PUIVO SFAC 19141 ASlE 2-BRUNITS: 15 SPACES PEA UNIT REQUIRED FEV VAN 1 IV VA4 FUTURE Ev vA:4 PAROrL SaAS (9 x])1+B'AISLE Bldg 4 -Eli HE 6 HC. ACE55]BLE STANDARD PARCI:G SPACE I-III').'AISLE °AREJN_$rJgl_.rr ARFAIrmMI A TIC Van g' NC l'AN =ACCESSIBLE V2.1 I SPACE It- .ri.S'IV- V..COVERED STANDARD PARFUZ SPACES: 15111wu1.r Ili li 1, F41L=DE51G1ATW HAU-\'AV PARC!:GSPA,I(9'%19) UIiFIERnl CJ15FKTFAL.}':G SPACER: 61lavnurryrlall UN[L"Blim SEDII�FM[IIL A18 151 P= STA•IDARD PAAKIHG I-I9'%19'1PTY I]') CAHOWTS1AK.4RD FnRYbC SFAC�3; 3511n<4Ryr+l A20 522 * 1 3D V -S & Maleri.l5 Boats A22 Lan. ot Sight D1a9romz �ASFc 52211+v°n 1N ex -.J °II,SN� II7B.�RI>ml!@ES£BYia£IIEdB51ti4`E�Atro+L2'n 29011UHL•H1GiLP2H1[Atlflld6LffiYL (NOT RESTRICTED TO UNLY AFFORDABIE UNITS) PARKING RATIOS PER LQFIC 9 W.260 ARE LISTED ABOVE UtiDS 1321 -BR UIInI I SPACE'1NIT REO ARED .132 1202&1 UNITS r 3 S SPACESAINir REQUIRED =180 CQ!5201[im(CEba4 I SRACE PER 300 SF OFCROSSFLOOR AREA - : 2 TOTA.SPACESREQJIRED: 319 TOTAL SPACES PROVIDED: 522 £Q'�HE¢e• HGHOIPEfjI1z0EP&VIDED 3.?192i4D(1Gj-$' 159 UNCOVERED Lr:Oc. PROVIDED 154 COVERED 15I Ur:COVE-O TOTAL SPACES PROVIDED: 356 COVERED ♦ 165 UNCOVERED = 5.'2 TOTAL NOTE: ADA AND FEVPARKING 6 INCLUDED N THE OVERALL PARKING COUNT RKYu4 WLlH67JOHS EfmIBEFTEFeEEDtlH LEQIIIpFfltQt41&BEtD R1[PF�•+�-•� - - - TOTAL PAR R. SPACE, 522 TOTAL PARKING SPARESSt= SHOii-TERM ' 03S ` ID-: OFTOTA. PAISPAffS S22 ISSa1-IE-F-Np) 210' SIS f5 SIGNED PA0.KINGSPACE, 10,99 LONG TERN 0 N/A TOTAL HC SPACES11i 11 RITWF EVSPACES REQb P .rcCa0. r>7I.aRl•d9ElFti '.T Oi.Y -'r15 FIITUREEVSPACESPROVIDED 52 SSOF 1 LYMSSIGNEO PEAKING SPACE, 0.25 MII:. BICYCLE PARKING REQ -0 2 TOTAL HC SPACES REQD 1 TOTAL BICYCLE PARKING PROVIDED A ADA CAR SPACES RICO 15 PER GLGAYL//L10E.9.I:0L[T01G'�•1111[2F CILV INC ADAVANSPACES REQ D , 74MIEVSWESI 00I CFSIPPOAT4ND POILP9 TOTAL ADA SPACES PROVIDED 12 ELFAR.IL 4DIIOE iUPM.Y EQ"JIAnFTIT (lM1se). L.ITIKlEOT0 DEHONSTRAIE MDIEI:T'S CAW301TYL. CAPACITY FOR FACILITATING FUTURE EJ CHARGING 6OBFQULRFMF T FOR EVSPACES TO BE ccNSrRUCTED OR AVAILAB LELtM LEV CHARGERS ARE INSTALLED FORUSE La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 ATTACHMENT 3 SHEET INDEX 11 TWe VI s C1 CIVIL SITE PLAN C2 CONCEPTUAL GRADING PLAN C3 PRELIMINARY UTILITI"PLAN ARCHITECTURAL 401 Site Plan A02 First Floor Plan A03 Scu3nd Floor Plan A01 Rod Plan A05 !toil Pians A05 Clubhouse A07 BIdB I. Elevalianz A08 Bldg 2-EIOY4lions A09 Bldg 3-Elevm,dn A10 Bi , - EI.vM,,on: A11 Bldg 4 -Eli Al2Bldg 5- EliAta BIdo 6- El --ions A14 Bldgs 7&12-Elawlions A15 Bldg. B - Elevations A16 6:, 9 -III At7 Bldg 10-Elevdlions A18 810911.Eli A19 E„leriar Elevafons A20 3D Vi- icnsA21 * 1 3D V -S & Maleri.l5 Boats A22 Lan. ot Sight D1a9romz IANOS[APF LP -1 Conceptual Land -pe Plan LP -2 T3p� Y Buildln3 Plaahag E.rI LP -3 Slope Planlin)E.Nioil LPI PoolArea LP -5 Entry LP-fi CanceplualWall& Fenee Plan PROJECT TEAM OWNER Troutdale Village. LLC 1800 Blankenship Ro, Sulle 325 WestLian. Oregon 7068 T:(503) 807.8652 Urn P.lrkcr ARCHITECT 245 FlIc err-IWkOD 245 a Mesa.CA 9 6Suilc B2 Costa,557-, CA 92626 T: ]14 -SST -2448 W:'\YrvN.t aacc- SheTyBraun CIVIL Egan Cii lac 42945 M.di. S!roo4 SuILCA Nd,%CA92201 T:(760)40J 7663 N. egaDieil can Seven Egan, Projeall Designer LANDSCAPE ARCHITECT Hamann Design Group. Inc 77899 Voll R,NaL SUilc 102 Polm Ocsarl. CA 92211 T: 760 77/-9131 W: hog -ince.'" Jose Estrada. VP. project 1.1.ndgcr ELECTRICAL RTM Engineering Consultants 39249 Leopard Street Suite A-101 Palm Desert, CA 92211 T:(760) 983.2007 LV: xY.Vy Prrec com Victor Leen• PE. Pllncipal Title T1 PROJECT NO: 21014 PLOT DATE' 1011912023 21014 La Ouinta SO V4 399 1. - -_- - ---- - -- ---- lull./ pMT rIE: AAL: - � IT I I 4 ..: � I II r. I I =1: 1 _ i. l..r,.ii,4 1..,. �. S I r n -•A'r'm+.� • Tilsry f I '•� i 1 if rt i• i --. 1 9ELTp BLDG. 3 PAD=51.5 PR DE .6AYN r Tor xvNPAD5 Y•6 Y116UMI* � r • "1� � 6T14b2n I FooTPRwr-T,S6Dt5F - - . �� / ,c •--,- _ _ BLDG.2 $ I' :: Y PAD=51.0 BLDG. 11 BiAG.12 • TSTORY I18 UNR5 - - - — -- -- _ _ ' ...... 5A,5U1Pff /l�7-` I I _ BLDG. 10 PAD -5d - • � _ - - _ PAD 53 5 :smR+" LwFa i 1 7IMAGE [e�i[r OR P�: GHi RE�`TFi.T , - ..- -' NµN - '{ 2STORYl16 UNITS _ _ _ fD0�PAq' �� — / •f:`� ~• - Tll FOOTPRNT-T,SWt SF •^ i 'ir I dI m, ROOM 3— nlll i1 .•i _ - — --- - _ _ I AAuc r>r�r, ��E. JcS -3'X Iti •• 0 P _p. J ... .r� /� f �f r -r• ' �+ - dC I- T• _ CLUB ... - - YAWN .. .. _ -•• ! . -. ' • `- IN 4 HOUSE �,.1 ��� '/, :A'•:�,. fir•.'I t. 1 �� _ ) PAD=62.0 - —. .�; .. _ _ .., r.1 �v. J R, ... r;. -T i• � - - AkE3i !;. 1", BLDG. 4 4 1 PAD --53.0 �- II.. 2 -STORY 116 UNITS �. ,�� - I Y 1. FOOTTNNT-1,SODl7' lam` LAWN BLDG. 9 l r X44? / �•', I, ,j' -�� PAD =53.5 �, I - if r -�•�- .. - 2STORYI16UNIT5 .. - :ice! Ir •��. . _ = FOOTPRINT T.SODt BLDG. 5 < I o FF1R i OOTORV 116 UNITS r/I FOO7PRINI.7,BW2 SF �___ r TT ` y - J �•': jf - I ;( { .I• I..: `.i Ir BLDG. 8 - .,.•L _ J: �• J .,1±• 1 �I. ,� r: f ..: PAD 53.0. 1' 2 -STORY 116 UNITS: {" / , ^_ __ _ __ _ ��� FOOTPRWT.15WtW I �/. _ 'ire• µ y PxTOO6P:T�.A9As -i AIs - TER .'.•it, _ X11 • _ - . r I - . . BLDG. 6 BLDG. 7 PAD 5 0 PAD 52.0 �- ' ' 25TORVl•L UH1i - - 2 &TORV : 11 UNITS _ FOO PNIM-7,5002 55' FOO PRWT-1,SODl •T-cr-lur.!. )-sTaLx^ _ -a-' _ ,T Lire r�_. ---------=--= --- ---- __ --------_---- --- - - - - - -- =-- —= _ — — - - - -_----- - - - = ------------ WWII- IENd4 j0• Cyt -_=- — = - ----- 1 H --— `�' �44== — - - a 1RUIFrc I AW - -- --'-.. t1A All I--- ABBREVIAIl� SCALE: 1"0' C/L CENTERLINE TP TOP OF PAVEMENT EG E%I STING GROUND TO TOP OF CURB FL FLOW LINE TF TOP OF FOOTING FS FINISH SURFACE TW TOP OF WALL Ia GRADE BREAK (%%,%%) EXISTING ELEVATION SWALE PRINTED ON: 08/15/2023 �j�� 1 }}1���� j' BENCHMARK: F1+mffFri .CONTrf pLAN CHECKED BY: I }I� C �+,�I' II Y BENONIRC TOP OF QF6 Az006 / DFIATIO: 252,27 TC / DATA: IGVD29 FT MARK BY DATE REVISIONS APPR DATE QRO'FESp/a E G A N CIVIL , INC . APPROVED BY: IN 11iE CITY OF LA OUINTA, RIVERSIDE COUNTY, CALIFORNIA DH ll.C�lj itS'11L 2IS DESCRIPT1Ri TDP OF CUB AT THE BUR AS 9 ON THE CITY OF ROCHO MIRAGE 9 OA,y! f �T STREET PIANS FDR THE KESS.ER OFFICE BUILDING, SHEET s OF 9 ON FILE IN THE �44�w-'A�� f��. c _ LA OUINTA VILLAGE APARTMENTS OFFICE OF CM ENGINEER OF THE CITY a RANCHO MIRKE AS PUN N VEER EOMN71 + y NO 8nk 5287. lA OBIiifA CA 8714 -5482 OWL o DIAL a BASS DF BEARINGS, o m ,, = m PRO NU WW DATE DATE CIVIL SITE PLANBEFORE 3 YOU DIG 1 THE BASIS OF BEARINGS FOR THIS S'JFNV AAE WED ON THE GUFORNA PREPARED UNDER THE DIRECT SUPERVISION OF: ��� COORDINATE SYSTEM (CCSB]), ZONE N, (2017.50 EPOCH) AS PER GOA INVERSE ]: * TRAFFIC UTTY FILE NOAIHER TOLL FREE CALCULATIONS BETWEEN CO"NUOSLY OPERATING REFERENCE (C.O,R.S) STATION'S f{ CAY1L t 252 UNIT APARTMENT COMPLEX AT LF15T TA'O D115 RFO(E ]aJ Oltl P491 AND PINI PER PUBLISHED VALUES PROVIDED BY THE SCRIPPS ORBR AND tP Oi CAL1F� DATE: 06/06/2023 WASHINGTON ST h AVENUE 50, LA OIIINTA, CA 92253 A PUB If SERVICE BY UD__ROIOIAO SERVICE ALERT PERVAVEM MRAY CENTER (SOPAC. ), BONG: NORTH 76 59 35.49 WEST. BENJAMIN DANIEL EGA RaE. 73070 REVIEWED AND RECOMMENDED BY: DATE LANDSCAPE AFT! 646-070-016 400 a :Lj LL ' O• -- P>-r••Y. uH= '� t -t 'I I rl - — _ - - - - SE _ _ eAx — ! 1 -IJ TT Pi l �i -----; - _- ----I F- ---_ ----- - -- _ -= I-- j ---I - ---- -----= - - - -� I I- _ _ - - - I I- I a 5a -B I , uwn -- uwn uwr BLDG. 3 PT PAD751 SAs1 BLDG. 1 1 I _ i-ST17Rr�16LON iA! �: BTA ai n PAD =50.0 -- — - _ FDomRrrr. vsow sF hl 2 -STORY 116 UNITS [ I F007PRIN7-7.MW BLDG.2 — PAD=51.0I 2STORY I IS UNITS _ _- BLDBLDG. 12 - FaoRRM-75WfSF BLDG. 10 _ - PAD=54.54.5 PAD=53.5 25TORY I16 UNR5 25TORYII6 UNITS ! 2 -STORY 116 UNITS FOOTPi11M.i.50Qx SF FOOTPRINT .7SIM FOOTPRINT -75WA SIF •. _ . I - 6 ¢ HOUSE CL t. 50 aimLAM J uuu i-SYORY • 16 uN15 � �% � _ I,�• —'! - �� o - - r•omrnlu7 2 FI1c ra BLDGI _ 1 _ - --- - — - --- uwn . 9 PAD=53.5 1III - - -- 2 -STORY I IBUNRS ' _�_ r ! I•I FOOTPRINT. •71XU yIF. I ILII I r _ I BLDG.5 i' y1 PAD 51.5 2 -STORY 116UNITS r _ �; 1 ❑. FOOTPRINT-7,SOOA SF II` I __ �•r \�• I V BLDG.8 PAD=53.0 Ltd _ _ _ . - -- L- : - � _ E _ 2 -STORY / 16 UNITS s= ---' IY _ - - - _ - _ I OUT. INQR14 70�0 1 1 ILI ; BLDG. 6 _ BLDG. 7 PAD =50.0 PAD=52.0 ! _ C - i3_ lId UNITS , 2 -STORY 116 TWIT -- - . � FOO7PRPTf-T,SWx SF - - - � - _ ___ _ _- — - _ __ - • - FODTPRIM-1500SSF LINE -- _3,11 --- - - "--- - - - -- - ---- �- - - =- •-0- c0`-- - �- -�� --- - — �v- .---3- =----------------_ .. -- i^• . Rrs6-vti7nr - - -- Tr. ak�EFct`vSic�.T-- — _ '-_ - _ - - __ - - -_- - - -- - -- _— �� �--_ 1 --- - —-- --- i - g --- - --D-o PIa------------ RI`— r[D' TR4TIC LAWAvO-- -- --- --_ _-- -� ...ARi iD£ LATE . . t- WA rc —40 0 40 ABBREVIATIONS EARTHCRK WANITIES C/L CENTERLINE TP TOP OF PAVEMENT RAW CUT: 5,500 YARDS SCALE: _ EG EXISTING GROUND TO TOP OF CURB RAW FILL: 47,400 YARDS FL FLOW LINE TF TOP OF FOOTING IMPORT: 41,900 YARDS FS FINISH SURFACE TW TOP OF WALL THE ABOVE QUANTITIES ARE AN ENGINEERS ESTIMATE ONLY AND GBGRADE BREAK (XX,XX) EXISTING ELEVATION ARE PROVIDED FOR GRADING PERMIT PURPOSES. CONTRACTOR CP COVERED PARKING SN'ALE SHALL VERIFY ALL QUANTITIES FOR THIS BID PURPOSES. A�i PRINTED ON: 08/16/2023 BENC�jl B•��'��• COUNTY cKNCA/ TOP OF CUS JZOD5 / ELEVATIO: 252.27 TO / DATIY: tGVD2S FT uARrt By 1uTe REVISIONS uATr VE,O�ES lIO* APPROVED BY: PLAN CHECKED Br: IN THE CIN OF LA OUINTA, RIVERSIDE COUNTY, CALIFORNIA 7 1f� DESCRIPTION: TOP OF OM AT TIE BOR AS SKRN OI TIE CITY OF RAV00 MIRAGE 0 YR A,(•rF �r E G A N CIVIL, INC. SHEET L dddSSSVC ...LLLLLL DIAL Ruuu .L}. sTP'..ET Pi.115 FOR THE KESSER OFFICE BUILDING, slfrET s OF 9 O! FILE IN RE LA OUINTA VILLAGE APARTMENTS CSZi_i.J OFFICE of crtr ENGINEER of THE crtr of RANCHO ulw; As PLAN NIIIaa Eo6Donl y y P43 &(�X 5PBP. LA iilliNfM1. CA 8PPd9.5 awL D, BEFORE CALL .=I -QE RFaRINOs� �•+'" -7�1 ,� 17'O! 4od-7568 WWYI. GA DAA CONCEPTUAL GRADING PLAN Slg 3 YOU DIG AHE "' OF BEARINGS FOR THIS SURVEY ARE BASED ON THE CAJFORNIA O• I,� Df V PREPARED UNDER THE DIRECT SUPERVISION OF: COORDINATE SYSTEM (CCSB3), ZONE A (2017-50 EPOCH) AS PER CRO INVERSE * * TRAFFIC TOLL FREE !-g1••TFT-A13j CALCUTA70NS BETWEEN CONIIN'VOSLY &ORATING REFERENCE (CORS) STATIONS df O ~-S S LTTY FILE NUT1EiR P/9I AND RN1 PER PUBUSHED VALUES PRONGED EY THE SCRPPS ORBIT AND 7f iY1L F 2ON UNIT APARTMENT COMPLEX AT LF1 II __PINE ETD[ YOU OIG FGF OALLFa DATE: 06/06/2023 WASHINGTON ST k AVENUE 50. LA OUINTA, CA 92253 A PLBLIC 5C4710E Bf U�RBrara SERVICE ALERT PERMANENT ARRAY CENTER (S OPA C. ), BEING: NORTH 76 59� 35.49' WEST. BENJAMIN DANIEL EGAN, R C.E 73070 RENEWED AND RECOMMENDED BY: DATE LANDSCAPE APN 616-07o-016 401 1_f �- 1L l !=CJI l %I IL F I[ - _ i � 0.oo' � -I — — =-_ � � _ t o=Fnn LINE_ - -� I _ � _ - -- _ 1 1 � - I _ ` ...-- .-•ten - I _ ��� 11 F"- _ } TRASH j`EI - _ I.Ow ,]� - j`�_1.I1 '�J 4," IE 1 TRAEN r I -�_ nrunrt - _ +1.0 ]E .-} �..- urid /" LAWN FSrd F[3R f Q.O. lW P[ BLDG, 3 5 +r FnL x�� PAD P1L.OEi" Qew BLDG_ 1- eiva -PAD=50,0 FOOTPRINT -],SWT 6F - a J / -1 \" -2STORY/16 UNITS - _ _- . FOOTPRINT-]SWiSF - _ ��4�' - - .. / PSTdAYAl6UIllTA - - 1 yr, ��i BLDG. 11 _- BLDG" 12 - J l I BLDG. 10_ _ PAD=5451 PAD=55,0 I �i 2STORY I!UMTS )-STORYJ]6 UNR5 - I I LaLAW. SCF r156 L'HFP: I :N F M1T-)SOD SF FOOTPR NT -),SW SF 1 I — 1 _ �TFd[Y LkE QC! 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CIy LL �� OJ DIG P491 AND PIN1 PER PUBUSHED VALUES PROVIDED BY THE SCRIPPS OREN AND 'FF P TSN SHIT APARTMENT COMPLEX A MICSER/1� AT LEAST TWO �UOE9FOU0 n R�RE Y4TA'Iff ALERT PER ARRAY CENTER (S QP,AD.), BONG: NORTH 76. 59 3:L49 WEST. EC CFT,fiO GATE: Ofi/06/2023 WASHINGTON ST @AVENUE 50, LA DDINTA, CA 92253 BENJAMIN DANIEL ELAN, RGE 77070 REVIEVlcD AND RECOMMENDED BY: WE LANDSCAPE APN 646-070-016 402 PROPERTY LINE- INTII 5IDEY•ARA SETBACK.Ly `�;-""M1S `.` I. 'V... '.. ••+-. .•-. '.. .._ .. .SEI91pEYARp SEMINUAUM 5.8" ACK PWS I'-0"POR L�4J?'. (E)P-H Pc •..j •. -. --. _ ._ - - �-� +Vcw PLUCe x•�L�-'.. :'-�l5`� •�- \S9'FPY-0'W , ], -- -_- _. _ - - _ - - _FOGTTOVEN-i T.6 NaU6WNGHEIGHT. I.riIJLIHMSETSACx 17P:II:. _ _ _ _ _ _ _ _ _ / 9LDrK WALL + P P P ✓' P P P P P P I nWP P P P P P P P P >• PIP ' a F P I. P■ P P P! F P. F F! P IIII F >' P P P F F n a n ! P F a r r I^ r r• Pµr T P r! +P r r r• I� ! DESERiSCaPE T - (] . . .I rte_ O a6d AREA I ISI I l a e. 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I CREST. �CATED VERTiGAL.CFiE91r ----•�----------- ,.. - •- ,• -: :--: �. I._ '---------- - - - - - - — - - - - - --- (11 AGE CORRIDOR) BE UNDERGROUND, FIDEYARD SETBACK: kAR65Er6AC� gp!!!E!pn° - 1.1AXIM11UA7SETBACKOF25'-0" TYP• FOOT OVER 17-0" 5-0"SETBACKPLUSETB FOR EVERY RIGHT-OF-WAY PER PARCEL A1AP FOOT OVER 1]'-0" IN BUILDING HEIGHT, LIAXIM11UA15ETBACK OF 10'-0" AVENUE 50 CRlaDlwl Fxlrlr CekLalYoTn VNIY 1d6t Pv➢fi6C� PAeKTxG Renpc PG Lec TAeLP M.� Au[wr.aLF emLcluo HElrwrr yy-SET ngpyE [La.nDE rLailE . Ana RPL EIR4 Type llpkme Gey An!}SFT Tbh Imo) clYP_TN PBI LQMC 9. S1 260(K) O1-RIGHT PARKING D:CENnLE, THE `•'-T Site Plan _ 2 1,FOLL0:.IN. PARKIY.G ­S SHALL APRT TO THE ENTIRE RPS C%%ITHOUTAR=AINCR�SE) Plrst Ffee[ 1-BCtl FpRHmcnl 1R•A[yL 51 an C=COHPACT PARKO:G SPACE(E,5'X 10') DR'EL PD.1(INCWDIY.G H: KEl`1:.TEUN-)=TOFEETFLLO'::ED CLUBHOUSE RESIDENTACTIVITY 978 1-BCtl Apartment lA-STD 30 673 20.190 CP 309 CP=CO\ERED ST;J:DARD PARKING SPAM IT X 17) \VI SL'f.Le iflT- '•D LRUxrR: 15PACEPERU'NITREO'= tA+dF ��4 �� � i'Ip.sG Il -AOR �; ✓} N .BLDG 6 1A..w I Icwo4 ,ww 1,..yt n.4gA 3, IT 1A_13LDG 3 OAQA +.-AW 4r J A aLnG 2 . jam, i�lsp 1 Y k w:il S" 8LDG4 f Rtle�wr[ i I . 14AGs u.Ana ® IbA4l1 BLDG 5lot LEGEND PROPOSED ENCLOSURE LOCATION FOR METERS AND SWITCHGEAR EQUIPMENT .PINI PA IRWIN PARTNERS 4,A C M I T E C T A 145 Fischer Avenue, Sulle 3-2 Cosle Mesa CA 92625 (714) 557 2445 www Ipaoc com ARCHITECTURE PLANNING CONSULTING 10J11A YFaC,sGAW Ie.IW " . 5LDG 7 .� 1lNgs, u+,ya 1L✓tAA 4l. La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street 8 Avenue 50 La Quinta, California 92253 A& /jN> First Floor Plan ��JJ�J�f SCALE -I" =30' i/ TYP. FIRE RISER ENLARGED PLAN SGI.E:1a- = 1'-0' First Floor Plan A02 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinta SO V4 404 I I I I EN C n VIA ROOF BELOW H 711 !, t V� 010 1 ■�_ _�� �- �a r_ _rill - t&i .� � ,� u � - �S •SF' '6 r- sem.. �.1.+� rte$ Rui' ,�.!■ �� ONIPANIDA IR.ININPARTNERS A, R C H I T E C T S 245 Fischer Avenue, Suit, B-2 Cost, Mese CA 92626 (]14) 55] 2448 'Pa"C' M ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 IND Second Floor Plan SCALE:T =30' Second Floor Plan A03 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinta SO V4 405 ,r 'r r ,• ;r ;r ,r ■�_ _�� �- �a r_ _rill - t&i .� � ,� u � - �S •SF' '6 r- sem.. �.1.+� rte$ Rui' ,�.!■ �� ONIPANIDA IR.ININPARTNERS A, R C H I T E C T S 245 Fischer Avenue, Suit, B-2 Cost, Mese CA 92626 (]14) 55] 2448 'Pa"C' M ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 IND Second Floor Plan SCALE:T =30' Second Floor Plan A03 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinta SO V4 405 E - SLOG 3 ri r,: r: BIAG 2 .. r. tt ss,n• V awy V Lw 0AsV. - W�Mnn-j IPAIRWIN PARTNERS A R C H I T E C T S 245 FischerAvenue, Suite 6.2 C -I, Mese CA 92626 (714) 557 2446 —Ip...— ARCHITECTURE wwIpaoc—ARCHITECTURE PLANNING CONSULTING w GENERAL NOTES: - PER LA QUINTA VILLAGE SPECIFIC PLAN, PARAPET WALLS SHALL BE A MAXIMUM OF 5' TALL TO SCREEN/HIDE HVAC EQUIPMENT - SEE SHEET A21 FOR LINE OF SIGHT DIAGRAMS - PHOTOVOLTAIC SYSTEMS SHALL MEET MINIMUM QUALIFICATION REQUIREMENTS AS SPECIFIED IN JOINT APPENDIX JA11 (2019 CALIFORNIA ENERGY CODE) - PRELIMINARY SOLAR CARPORT SHOWN ABOVE. FINAL LAYOUTTO BE DETERMINED La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 AL IN>Roof Plan SCALE: 1' =3a' Roof Plan A04 PROJECT NO: 21014 PLOT DATE: 1011WO23 21014 La Quinta SO V4 406 READYROGR. NO ENSION LESS THAN 5'-0" Z!,DIM LEGEND EACH SUBAREA MUST BE AT LEAST 160 SF IF TOTAL ROOF AREA EXCEEDS 10,000 SF SOLAR READY ZONE SOLAR ZONE ON STEEP SLOPED ROOFS MUST BE ORIENTED BETWEEN 110 AND 270 DEGREES OF I TRUE NORTH, ORIENTATION DOES NOT APPLY ON ROOFS SLOPED LESS THAN 2:12 HVACCONDENSERS L_1 MUST BE FREE OF ROOF PENETRATIONS AND ROOF MOUNTED EQUIPMENT MIN, 15°/, OF TOTAL ROOF AREA IS REQ'D TO BE SOLAR READY, EXCLUDING ANY SKYLIGHT AREA FIRE ACCESS, 4'-0" CLEAR MIN. CARPORT ROOF BELOW TOTAL ROOF AREA INCLUDES ROOF/OVERHANG OF THE BUILDING OR ROOF/OVERHANG OF - ANOTHER STRUCTURE LOCATED WITHIN 250 FEET OF THE BUILDING OR ON COVERED PARKING INSTALLED WITH THE BUILDING PROJECT TOTAL ROOF AREA: 214,504 SF SOLAR READY MINIMUM: 15% OF TOTAL ROOF AREA SOLAR READY MIN. REQUIRED: 32,176 SF SOLAR READY PROVIDED: 32,176 SF SOLAR READY ZONES ARE LOCATED ON CARPORTS ONLY, NO SOLAR ON BUILDING ROOFS IPAIRWIN PARTNERS A R C H I T E C T S 245 FischerAvenue, Suite 6.2 C -I, Mese CA 92626 (714) 557 2446 —Ip...— ARCHITECTURE wwIpaoc—ARCHITECTURE PLANNING CONSULTING w GENERAL NOTES: - PER LA QUINTA VILLAGE SPECIFIC PLAN, PARAPET WALLS SHALL BE A MAXIMUM OF 5' TALL TO SCREEN/HIDE HVAC EQUIPMENT - SEE SHEET A21 FOR LINE OF SIGHT DIAGRAMS - PHOTOVOLTAIC SYSTEMS SHALL MEET MINIMUM QUALIFICATION REQUIREMENTS AS SPECIFIED IN JOINT APPENDIX JA11 (2019 CALIFORNIA ENERGY CODE) - PRELIMINARY SOLAR CARPORT SHOWN ABOVE. FINAL LAYOUTTO BE DETERMINED La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 AL IN>Roof Plan SCALE: 1' =3a' Roof Plan A04 PROJECT NO: 21014 PLOT DATE: 1011WO23 21014 La Quinta SO V4 406 2r-%2 Nadard ALE 1�4" = s'{� 2 Bed -ADA 2AS�AE� e �IPA 1 W1N PARTNERS Is C N I} f 0 T 9 245 FischerAvenue, Suite B-2 Costa Mesa CA 92626 (7,4)5572448 www'Peoc com ARCHITECTURE PLANNING CONSULTING SECOND FLOOR UNITS - STANDARD .� B 1 Bed - Standard GROUND FLOOR UNITS - ACCESSIBLE TO COMPLY WITH CBC 11A ACCESSIBILITY STANDARDS ♦ ' La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 1 . 1 Bed _ADA 1A1 Bed - Standard CALF 1M" = 1"' 1 Bed -ADA Unit Plans A05 407 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinta SD V4 o5Clul7house Floor Pian SCALE: 1d+' 1'a' <ND :PI PA 1RW1N PARTNERS Is A n 1 s[ r s 245 FischerAvenue, Suite B-2 Caste Mese CA 82626 (714)5572448—ip—ccom ARCHITECTURE PLANNING CONSULTING POOL DECK mini L RECESSED WINDOW IF lai;.A.U.A.,A....I.I. i;..-t�I a.1 1.1 EXTERIOR LIGHT rYP `. • •Front• oC1uhhouse - Right Elevation SCALE 1f4' = 14f• M rVE RISER La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 EXTERIOR LIGHT, TYP. oClubhouse - Rear ElevatFon sr I P• va^ = na• 1 � I�TIl m 8 o1 Clubhouse - Left Elevation SCI": 1.14' c 1'.7 .:1 SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ SCHEME 2• STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR: BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR:BLACK Clubhouse A06 PROJECT NO: 21014 PLOT DATE: 10/1912023 21014 La Ouinle SO V4 408 -01I PA IRW1N PARTNERS A R C H I T E C T S 245 Fischer Avenue• SUN, B-2 Costa Id— CA 92626 (714) 557 2448 .Jp,oc.cc, ARCHITECTURE PLANNING CONSULTING alp �IRi�1AI�I�Iwiwlwl�lAiwi:'���;�+ Al i.RiMiwi I EiMilnnAINiA rii ai 1111 1iwlli�i ����� ��'K�iiliKi iiti�f �l a• a a��iiRiRiil�i �iiiEiiiiiiii�rfii�I lam. .Iilaaiwraunlwtwlwlw+aralil alalwral■ atwralararalatalalalalalatala ala wlalrr+. - ilwrwiwr a klwlalrr I irl iwraialwra■ r I I Ia el- nl�llllffll II!!iI�IIIIIII'll : I III!P'll� IIIII�IIIIIIIII! I!li�f�1111_ ILlblllllll IV'Iiilllhl _ FEW I On EMENNERN a ■Ell on .l M. it 11 11 111 �� �glIY7!!ll Vlll I —c=- -,-�GH!OrSI L VINYL V4NDOW FIBER GLASS L L�,,E MR —L,� L L MCCO REGLET :.g 1 Front Elevation re=3d3P��ssyy��iicEx'"ii===���s-ii f"xx xsi:i-ii° ••••r=•=sns. iiiitAii,SGZYFiLRiiP�Tir'nwr�si a}a atlLl�;1,LL"€�=E?::sei::::. III Ili III�II I"III IIII 11 °IIII LLI�1p_�__' 11 .11- :111 In 1111!11 '. ROOFING . .I FREaCHxr,-e' La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 028 171 Rig61t Elevation �s Rei 1� IMMUNE Fvu� COLOR SCHEREI o 1 Bldg 1 Rear Elevation 5C41AI • 1'-w SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ. FASCIA. TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING. OR EQ. SCHEME 2: STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA. TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR ED - ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR BLACK Bldg. 1 - Elevations A07 409 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinta SD V4 i3Oc:.aa94xN Si2T � 3 Root FRENCH DOOR FIR£ RISER i RBldg 2 Left Elevation PAINTED BLACK, TYP OpB109 2 Front Elevation I1IaMIlIIIIa Fill+il,a LD-CORATIVE SHUTTERS "1p00 CORBELS 7Bldg 2 Right Elevation SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR ED. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. SCHEME 2: STUCCO 1 DUNN EDWARDS DEW300 WHITE, OR EQ - ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING �] Root .tt m +s FRENCHDOOR Bldq 2 Rear Elevation SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR ED. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. SCHEME 2: STUCCO 1 DUNN EDWARDS DEW300 WHITE, OR EQ - ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE 410 ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLM DLACK IRWIN PARTNERS La Quinta Village Apartments Bldg. 2 - Elevations 10IPA A R C H I T E C T S Troutdale Village, LLC. A08 NEC Washington Street & Avenue 50 245 Fischer Avenua, Suite B-2 Costa Mese CA 92626 La QUlnta, California 92253 PROJECT (714)5572448 wipaaccom 0//21014 PLOT DATE: 10/19/ ARCHITECTURE PLANNING CONSULTING 21014 La Ouinla SDO V4 V4 410 ........... .... .. rl � I F FE 777 TIGER .0. � 3 Root Rw MCI - 1 oBtdg 3 Left Elevation $UALZ- 118' - 1-T M 'I STrw RAY>a "Amm 11 C9. "R. All M DECORATIVE ''-THEME S-0 REG— EXTERIOR LIGHT, ttP o Mdp� Front Elevation , SiL OBldg 3 Rluht Elevation '<At -E'. 11V = V -D' SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ. FASCIA, TRELLIS, CORBELS DUNN EDWARDS D E639 3C9LO CHOCOLATE PUDDING, OR SCHEME STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ, ACCENT DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. 411 ---- -- — — — — — C FASCIA, TRELLIS, CORBELS DUNN EDWARDS - DE6390 CHOCOLATE PUDDING, ------- FR OR EQ. mn HT T ROOFING CONCRETE TILE ROOFING LV1WLWrNbW MANUIR WESTLAKE ROYAL ROOFING FxTARuaqi wp PA—D iuK, STYLE: BARCELONA o1Bldg 3 Rear Elevation COLOR: CASA GRANDE wjd-L ROOFING TPO ROOFING MANUR TBD COLOR:TBD VINYL DOORS &WINDOWS COLORBRONZE RAILINGS TUBE STEEL, OR Slldl. COLOR BLACK OjIPAIRWIN PARTNERS La Quinta Village Apartments Bldg. 3 - Elevations A FI C H I T E C T S Troutdale Village, LLC. A09 245 Fischer Avenue, Suit, 6.2 Cost, Mesa CA 92626 NEC Washington Street & Avenue 50 La Quinta, California 92253 PROJECT NO: 21014 (714)557 2448 www — 1,a.ia PLOT DATE: 10/19/2023 ARCHITECTURE PLANNING coNs ULTING 21014 La Quinta SO V4 411 ,.r•,•..:=..c;.11-.;:.; �:��.;1`�:ti�;`,r•.`•.^�:`- ....fit I sll�,11 I�1 ■■ _ III�II ' ' I• 11 i11 11 � X111 .2I PA 1RW 1N PARTNERS A R C H I T E C T S 245 FischerAvenue, Suite B-2 Cosla Masa CA 92626 (7 14) 557 2448 www ipaoc com ARCHITECTURE PLANNING CONSULTING 41111111111111110 ,'!'•I•_1.7.I/_glll_r, r r -•amu s•'' _ rrrr!ra•,!•;;;;:,, ... ... - :� I �� 1� on: :: 1�� �1�11_ i i i . I � �..._RF'FETII F RING .j _ IN w11Rw!11! w I11i1iti!AIRIFIARI .•�lil _--��Iwlil�tlMlwfXlAlli'i!i'f!i!i'Alwlit){itw-611i wllslwlwlwlwlrlwha�:pim ilrin'i1al,�lll�l;��l4rulm•` ------ Ili' IIIA I�IIlllll! !Illll iIIR"' •=,''c".IiID ,a Illi ill 1. I' 77J iaj�'liwei� l;llpFL IIII��. 04 EM DEW352 ANTIQUE WHITE OR EQ - ACCENT 1 FR�- DUNN EDWARDS n' "V FASCIA, TRELLIS, CORBELS _ 22 Sa-.11— o 1 Fill FIL- - DE6390 CHOCOLATE PUDDING, a. X OR ED, :'If1VL WIN DOW .TL_C.: REGLET DECORATNE TIDE STEEL RAILING SLTkAF; FlBER GlA55 —RIORUGHT.T . PAINTED BLACK, TYP FnF HDwR o�Bldg 4 Rear Elevation A SCALE 1R' - T -W _--��Iwlil�tlMlwfXlAlli'i!i'f!i!i'Alwlit){itw-611i wllslwlwlwlwlrlwha�:pim ilrin'i1al,�lll�l;��l4rulm•` ------ Ili' IIIA I�IIlllll! !Illll iIIR"' •=,''c".IiID ,a Illi ill 1. I' 77J iaj�'liwei� l;llpFL IIII��. DUNN EDWARDS La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 ' r ■■ .Vth Elevation IISji:I�lA16a mgjiiiw ilil-i h.1o,.�.IIF7. NIAI.I.IRIal it --- s' �"i Fra Fcx SCHEME 2 .pE[lRNTI']E SHUTTSA TYP 1 Bldg 4 Rear Elevation B 0 1 SCALE -11W = 1'4r SCHEME 2: STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ ACCENT DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS 8 WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR: BLACK Bldg. 4 - Elevations A10 412 PROJECT NO: 21014 PLOT DATE: 10/1912023 21014 La Quinta SO V4 SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR ED, SCHEME 2: STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ ACCENT DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS 8 WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR: BLACK Bldg. 4 - Elevations A10 412 PROJECT NO: 21014 PLOT DATE: 10/1912023 21014 La Quinta SO V4 ..................... . . BUILDING 4-A ......................... FEW Li u DECORATIVE tiff!/E RIEEi PAI�Iti,^, EXTERIORUGHT,TVP PAINTEDBBACK,TVP g � nm m F �AA Bldg 4 Front Elevation Overall �i s�:A , ar 91 ! STUCCO RECIET LFY GAYS FRENCH pOCR S! OqBldg 4 Front Elevation B %J-WABE:1W = 1'-9 SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME 2: STUCCO11 DUNN EDWARDS DEW380 WHITE, OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING -- — CONCRETE TILE ROOFING - - �� STYLEMANUF: WESBARCELONA ROYAL ROOFING __ e�E SME: BARCELONA COLOR: CASA GRANDE - �'� "� ��'0f ROOFING TOO ROOFING TUBE STB RNK,T %SUCCO REGLET EXTERIOTM1T MANUF: TBD PAINTED BLACK, TVP. EXTERIOR LIGHT, TYP Bldg 4 Front Elevation A COLOR: TBD O5GAL� 1,n• 1•.p• VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR BLACK ■OIPA IRWIN PARTNERS La Quinta Village Apartments Bldg. 4 -Elevations ■ i A R` H I T E>,` Troutdale Village, LLC. All 245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626 NEC Washington Street & Avenue 50 (714)5572448--iir-- La Quinta, California 92253 PROJECT NO: 21014 PLOT DATE: 1 011 912 02 3 ARCHITECTURE PLANNING CONSULTING 210141a Quinta SD V4 413 !/E.: i� C�'�"• .............................—.......:............... _iF[H[i!!-'I'CIFli11 E . c a� iL ■moi- 11 SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME 2: STUCCO11 DUNN EDWARDS DEW380 WHITE, OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING -- — CONCRETE TILE ROOFING - - �� STYLEMANUF: WESBARCELONA ROYAL ROOFING __ e�E SME: BARCELONA COLOR: CASA GRANDE - �'� "� ��'0f ROOFING TOO ROOFING TUBE STB RNK,T %SUCCO REGLET EXTERIOTM1T MANUF: TBD PAINTED BLACK, TVP. EXTERIOR LIGHT, TYP Bldg 4 Front Elevation A COLOR: TBD O5GAL� 1,n• 1•.p• VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR BLACK ■OIPA IRWIN PARTNERS La Quinta Village Apartments Bldg. 4 -Elevations ■ i A R` H I T E>,` Troutdale Village, LLC. All 245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626 NEC Washington Street & Avenue 50 (714)5572448--iir-- La Quinta, California 92253 PROJECT NO: 21014 PLOT DATE: 1 011 912 02 3 ARCHITECTURE PLANNING CONSULTING 210141a Quinta SD V4 413 'moi[" " iCz; aril � fai IR°rilliliii�iiili.li�R�R al I al'a�iiiaiiiiiaiii��Rl a t '>IIiiA;lililiiwiaii i nliiiiaial iiiiriiir�riair�aiili rliiIN I rlrir�riii.a"`11R.RIlililllli ili li�iiiiiliiliiwis iwilii i i`dill _ _ _ I Ali Eli 13i111rli1ifilil IR1r[ .ilr'r1 � 1+rlrlrlilrlrllllR•111!RIAIR!al R'llt+il11iI1111R RIRS!-:i Rlll>Rlwll+illlili!r!rl!'ila!�111rI�IJr+rlrlr+rlrl�rl R'� � +la•rlrl 1if11illlifili!11i!illfiillitlfiiitUlA .. ■ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ■ iii■ w■ ■ ■ ■ ___ • ■ ■ ■■I 71 M1 CC L.: is iijii IIII .._ 191 R_�I �I;,I 22' 10��.`Bldg 5 Left Elevation V SCALE: 1!B" = 1'-0" 02SIN 5 Right Elevation SCALE. 1fS = 1'-V lsl,l.l-I_I "ERli��illl�iri!1i�lslllrJlill!-I Niillfililr�lilififl+ifilrlllrlrlilil�.,, i' IIIIIII!III IIIIIPII''' I �I Illlnl III!I:IIIIII I L OEmRATri Stlt[RER`.. VINYLYIINOOw ---O�wn LGCII I L5rF aAII LTIIBB STL WiLIM FRENCH DOOR EXTERIOR LIGHT, TYP PMNIEp BUCI( TYP o 1 Bldg 5 Rear Elevation SCALE: 1/B" = 1'-0" I PA IRWIN PARTNERS ,A R C H I T E C T 5 245 FischerAvenue, Suite B-2 Costa v— CA 92626 IF14)5572446 ,v,ipooacom ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinla, California 92253 ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR: BLACK Bldg. 5 - Elevations Al2 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinta SO V4 414 SCHEME 1 - STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA. TRELLIS. CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR: BLACK Bldg. 5 - Elevations Al2 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinta SO V4 414 SCHEME 2, STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ FASCIA, TRELLIS. CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, COLOR: BLACK Bldg. 5 - Elevations Al2 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinta SO V4 414 WOOD F:- .- - . STUCCO RECESS �+3Y FUER � nBldg 6 Left •Elevation scALe ve° = r-0 c- r-^-W-1?E TILE ROOFING iRIilRlilili°RIi1�l�f`li1 IR illl f111�iR1�lNI^ �'��li� •�� � �� � ��.lwlll�l�1�1�Iw I11RI�IR IRIRIR111111 R!RIRIRIRIola IR�a I 11111R�'- - ^�'^ 11fR111111IRf■11!■I111111A., 1001stom- ME II!:!.II IIII�II IIIII IIIII II'lll�ll� II•�' , �' ®® ii :o 1M NSI 11 IUIIIIIHIIgII Til � PAINTED BLACK, TYP ;IPAIRWIN PARTNERS ■ A R C H I T E C T S 245 FischerA, Ue, Suile B-2 C,s Mesa CA 92626 (714) 557 2446 W-ipaoc.o ARCHITECTURE PLANNING CONSULTING I>r rs¢a:>trtaawu�I"rA;11";L 02Bldg 6 Right Elevation S. 111 = 1,-,,. kIR1R1R1RlRIR1 fR1�1AIRliiIRIR�� � T' m -w--i!i!ili'-12-1-11iRli'ilA.l- RIaRI)AIl1RIRIR1RIRllN1)AIRtiRfR�EI ■IRI■I�' e�rllli!R11+w II: Ifllllllllll IIIII ;II :I' II ! rumn La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 REGLET 01 Bldg 6 Rear Elevation SCALE 1ftl" = 1'-0' SCHEME I: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EO ACCENTI DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA. TRELLIS. CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME2: iiii iiiiiiiiiii'iii 111.11'RIRIi!RIRI■IR�RIRIRIRIRISI_ STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ. Ion I 'IIIII I 'il III' IIIII I_IIIIII;II DUNN EDWARDS �� 1 DET606 MEEK MOSS GREEN, OR ECL FASCIA, TRELLIS, CORBELS" �+3Y FUER � nBldg 6 Left •Elevation scALe ve° = r-0 c- r-^-W-1?E TILE ROOFING iRIilRlilili°RIi1�l�f`li1 IR illl f111�iR1�lNI^ �'��li� •�� � �� � ��.lwlll�l�1�1�Iw I11RI�IR IRIRIR111111 R!RIRIRIRIola IR�a I 11111R�'- - ^�'^ 11fR111111IRf■11!■I111111A., 1001stom- ME II!:!.II IIII�II IIIII IIIII II'lll�ll� II•�' , �' ®® ii :o 1M NSI 11 IUIIIIIHIIgII Til � PAINTED BLACK, TYP ;IPAIRWIN PARTNERS ■ A R C H I T E C T S 245 FischerA, Ue, Suile B-2 C,s Mesa CA 92626 (714) 557 2446 W-ipaoc.o ARCHITECTURE PLANNING CONSULTING I>r rs¢a:>trtaawu�I"rA;11";L 02Bldg 6 Right Elevation S. 111 = 1,-,,. kIR1R1R1RlRIR1 fR1�1AIRliiIRIR�� � T' m -w--i!i!ili'-12-1-11iRli'ilA.l- RIaRI)AIl1RIRIR1RIRllN1)AIRtiRfR�EI ■IRI■I�' e�rllli!R11+w II: Ifllllllllll IIIII ;II :I' II ! rumn La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 REGLET 01 Bldg 6 Rear Elevation SCALE 1ftl" = 1'-0' SCHEME I: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EO ACCENTI DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA. TRELLIS. CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, ROOFING CONCRETE TILE ROOFING MANUR WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUR TBD COLOR: TBD VINYL DOORS 8 WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR:BLACK Bldg. 6 - Elevations A13 415 PROJECT NO: 21014 PLOT DATE: 1 011 912 02 3 21014 La Quinla SO V4 SCHEME2: STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ. ACCENTI DUNN EDWARDS DET606 MEEK MOSS GREEN, OR ECL FASCIA, TRELLIS, CORBELS" DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUR WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUR TBD COLOR: TBD VINYL DOORS 8 WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR:BLACK Bldg. 6 - Elevations A13 415 PROJECT NO: 21014 PLOT DATE: 1 011 912 02 3 21014 La Quinla SO V4 II}Zlq•RIQi...........M.i7.l'R......m..... ..::..s�7.�^�)�iRII:IAIAI�I�ll�iirll Ililili!i<lili!il1!i!illli'ililRl ....... IIIIIIIIP11,11111 II�IIUI1IWr IIIY I�I�I u1 I IFF' I,I� 1Z Len t_ievaiion 6CALE 178' 1'-0' -I - =-- TILE ROOFING all L 111 1111!'M I �I�III �� 11 iI�IR� Rla!ala r-. Mal M TG �1Fial Floe DECORATIVE "LL ,'l I- Ertiy[;p REGLET TERIOR LIGHT, ttP 04Bldgs 7 & 12 Front Elevation SCALE: 1/8" = 1'-0' 02131dgs 7 & 12 Right Elevation $SALE 1- • 1'•P .a .JRool SCHEMEI: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ. FASCIA TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. SCHEME 2: STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ 416 rG F ROOFING 'k N� CONCRETE TILE ROOFING LOECORATIVE m'�Oo [^-aREL--li:Rhll�•]v!=1GERGL�•._ Tw..iL FLIM::: -COLIR SCHEMEI •STUi'�fECLET MANUR WESTLAKE ROYAL ROOFING SHUTTERS FFtEYCH WOR P,VrtFp BLACB. ttP EXTE+[ORLI E%iERIOR LIGHr, ttP STYLE: BARCELONA 01 Bld s 7 & 12 Rear Elevation COLOR: CASA GRANDE SCALE: Itr = T-0' ROOFING TPO ROOFING MANUR TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM COLOR: BLACK •�I PA IRWIN PARTNERS La Quinta Village Apartments Bldgs. 7 & 12 - Elevations A R C H I T E C T S Troutdale Village, LLC. A14 NEC Washington Street & Avenue 50 34E Fia_ r Aran*, Ewe B3 Ca In ! jHwi CA 914N La Quinta, California 92253 PROJECT NO: 21014 (714)5572448 wwwivao«om ATE: 10/192023 PLOT DATE-1 ARCHITECTURE PLANNING CONSULTING 21014 ulrlta SO V4 416 -1 N Is' M I WIRI!AIi101iIRIM M'111111'a'ela!wr�l _ wlywiRia air..a..a is s �._ _ �. _. �, aiaiaiaraiaraia iai araraia a iaraia ia�aia iaiaia aia.aie�..i ■ .� ��_ 11 11 1 ■■ ■e ®_ 11 NMI 11MMI ■■ licil� �IIIVIIII X111 r I_..°11_.Ill ll�l! — — Illlll,lll�;�.;�1 I_III.I �I' IIIIF-1 17, F1 171 711TH I 1 0O;UC,� C, LCIL CICVdLIUII SCRLE: 1iL" 1'4 Q A 81dg 8 Front Elevation SCALE ng' . Y� 02Bldg 8 Right Elevation SCALE:I,MI = 1=0' Il�lililEl�I��Rljtl�itl�lililil'a _ SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME 2: STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ. 'M ACCENT DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, T.R �3 Rool L �� PL •lam '�BPh' �r FLrt rs+ mm y 02Bldg 8 Right Elevation SCALE:I,MI = 1=0' Il�lililEl�I��Rljtl�itl�lililil'a _ SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ. ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME 2: STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ. 'M ACCENT DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, 417 ti ROOFING Ftrt tpw CONCRETE TILE ROOFING I_,•�,;L:;,,,q-;; F6FRGL44f sf�ea�uLer �1:IUE:F%LA4tlC [mvascHEraEz FRENCH DOOR PAINTED BLACK, ttP L[>�flPAM1£ oEere*R�avnFz —ERIOR LIGHT, TYP o1 Bldg 8 Rear Elevation MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE SCALE: 1/8' = T-0" ROOFING TPO ROOFING MANUF: TBD COLOR: TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM, CDLOR BLACK IPA IRWIN PARTNERS La Quinta Village Apartments Bldg. 8 - Elevations Troutdale Village, I_I_C. A15 245 Fischer Avenue, Suile B-2 C -I. Mesa CA 92626 (,14)5572448—1paoacom NEC Washington Street & Avenue 50 La Quinta, California 92253 PROJECT 0/1 21014 PLOT DATE: 10/19/2023 ARCHITECTURE PLANNING CONSULTING 21014 La Quinta SD V4 417 EXTERIOR LIGHT — P7,1111 n Du . T•P 1 IoM Left Elevation uALE 1m 1'-0 rkPHGHLYm• p 04 Bldg 9 - Front Elevation KCAL£ ve• = 1'_T //Bldg 9 Right Elevation_ O SCALE; 1.16' = "-J' • IPAIRWIN PARTNERS A ii C H I T E C T B 245 FischerAvenue, Suite B-2 Costa Mesa CA 92626 (7 14) 557 2448w,ip— com ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 FRENCH ODOR 01 Bldg 19 Rear Elevation SCALE: SCHEME 1: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EO, ACCENTI DUNN EDWARDS DE6341 VULCAN, OR EO_ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EO. SCHEME 2: STUCCO 1 DUNN EDWARDS DEW380 WHITE, OR EQL ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ FASCIA TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR: TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS NTUBE STEEL, OR SIM, COLOR; _81,�4CK Bldg. 9 - Elevations A16 418 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Ouinla SD V4 --"&M@_,:lo 81dg 10 Left Elevation SCALE: 1/8" = 1'-0" ■ Bldg 10 - Front Elevation SCALE: 1/8' = 1'-0" a aral�tarairl z r = rlarair ri>Alairlal�alN. __ �1�r1 r+alrl�lRllr!t'r�i a rIJM!�I*I�Iwl�l>A1�lRI>A!Ar�l�..- LFIRERMR Bldg 10 Right Elevation SCALE: 1/8" = V-0" ^,^I + �^� al^,ala+a+alaral :^ , : :_1^=I^�^I z� a IAirRirlr a i irtiiiilnlwiiiwiilrw,■irlaialalalaraaa+ii`RIM.6iiiiriiiili�ii ii{iii`eii+iii will: ' �I•i eim'e ,rlr rlr rirlr+riilirti�l rri.w.x ilr!aria+rn����lmlmnia��_r�IsrgL aialala�larrilafalaallarallliralaia+rr>rlrr+aa+�' R!E31rlx: a + s��q�ilr+--*-r�i�rriarria:�l■.- NEI 17 II111141 Vllllllll — �'I f IIIllillll ilf iilll X1111 �Illllln — Ililllllllil,- IIIA' VIII: Illlli'lll 070 AN Mal Bldg 10 Rear Elevation uw2rcmowl SCHEMEI: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ_ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME2- STUCCO 1 DUNN EDWARDS DEW380 WHITE. OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EO. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR:CASA GRANDE +R.R •M+++q ravNMI LFIRERMR Bldg 10 Right Elevation SCALE: 1/8" = V-0" ^,^I + �^� al^,ala+a+alaral :^ , : :_1^=I^�^I z� a IAirRirlr a i irtiiiilnlwiiiwiilrw,■irlaialalalaraaa+ii`RIM.6iiiiriiiili�ii ii{iii`eii+iii will: ' �I•i eim'e ,rlr rlr rirlr+riilirti�l rri.w.x ilr!aria+rn����lmlmnia��_r�IsrgL aialala�larrilafalaallarallliralaia+rr>rlrr+aa+�' R!E31rlx: a + s��q�ilr+--*-r�i�rriarria:�l■.- NEI 17 II111141 Vllllllll — �'I f IIIllillll ilf iilll X1111 �Illllln — Ililllllllil,- IIIA' VIII: Illlli'lll 070 AN Mal Bldg 10 Rear Elevation uw2rcmowl SCHEMEI: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ_ FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ, SCHEME2- STUCCO 1 DUNN EDWARDS DEW380 WHITE. OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EO. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR:CASA GRANDE 419 ROOFING TPO ROOFING MANUF: TBD COLOR: TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS TUBE STEEL, OR SIM. COL .BLACK IPA IRWIN PARTNERS La Quinta Village Apartments Bldg. 10 - Elevations A R C H I T E C T S Troutdale Village, LLC. A17 NEC Washington Street & Avenue 50 245 FmO.r Av Rn Smm B-2 Cosi. Ales. CA 92626 La Quinta, California 92253 PROJECT 21014 1,141557 2445 . ip... 0/1 PLOT DATE: 10/192023 ARCHITECTURE PLANNING CONSULTING 21014 La Quinta SD V4 419 Oa7.lxYjanNwaa IIIr5I PIRWIN PARTNERS A R A C H l i E C T S 245 Fischer Avenue, Suite B-2 C-1, Mesa CA 92626 (714) 557 2445 www ipaoc com ARCHITECTURE PLANNING CONSULTING .� nBldg 11 Left Elevation SCA1i,fa- r.m tint Floor - FIBER GLASS L STUCCO REGLET FRENCH DOOR O4 [w�Bldg 11 Front Elevation OBldg 11 Right Elevation EXTERIOR LIGHT, TYP PAINTED BI -ACK, TYP Fn mmon La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 01 Bldg 11 Rear Elevation SCALE 1W - 1'•T SCHEMEI: STUCCO 1 DUNN EDWARDS DEW352 ANTIQUE WHITE OR EQ, ACCENT 1 DUNN EDWARDS DE6341 VULCAN, OR EQ, FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR: BRONZE RAILINGS TUBE STEEL, OR SIM COLOR, HI.ACK Bldg. 11 - Elevations A18 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quina SO V4 420 SCHEME 2: STUCCO 1 DUNN EDWARDS DEW360 WHITE, OR EQ. ACCENT 1 DUNN EDWARDS DET606 MEEK MOSS GREEN, OR EQ. FASCIA, TRELLIS, CORBELS DUNN EDWARDS DE6390 CHOCOLATE PUDDING, OR EQ. ROOFING CONCRETE TILE ROOFING MANUF: WESTLAKE ROYAL ROOFING STYLE: BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR: BRONZE RAILINGS TUBE STEEL, OR SIM COLOR, HI.ACK Bldg. 11 - Elevations A18 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quina SO V4 420 1I PA IRWIN PARTNERS A R C H I T E C T 6 245 FischerAvenue, Suite B-2 Costa Mesa CA 82626 IT 14) 557 244a www ipaoc com ARCHITECTURE PLANNING CONSULTING •J a5.�r�clWr Or 3T"Fb 08Pool Equip. Side Elevation ScaaE 316 = 1'-B DECO—VE EXTERIOR LIGHT, TVP 07Poal_ Ettu,p. Front Elevation SCALE 3/16'• 1'.O' T�Fa�rrq�? CARPORT BY DTHERE FDR 'n EFEREI.CE CINLI OGTypical Carport Side Elevation SCAT£ 174' a 1'-0' La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 D5Typical Carport Plan SCALE 3.16•= VW +11' 2 Second Floor 9iiiiiiiiiiiw iiiiiiii i>•iiiiw �� ■iiiiiii ilii MM MEliiM ws*wl■>wwiiw■ i Typical Trash Enclosure Side Elevation 043Cuc- l a1,4r +11' 2 Second Floor In ■iilt'i®ilaiiiiiiiiiiil ■ iiG4>T.®iiiiii ! iiiiiiii■�i liliiiliiw■■■■Riiiii 1 ■ =EEEEEEEEEEEE=EEMiiiiii 03Tylpical Trash Enclosure Rear Elevation .11' 2 Second Floor 1. 1 First Floor 02Typical Trash Enclosure Front Elevation SCALE: 1w s 1'.P 0 Typical Trash Enclosure Plan 1 SCALE 114' = V.IT Exterior Elevations A19 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinta SD V4 421 02 View of Building 3 with Building 4 and putting green in background, 01 View of clubhouse from Washington Street main entry. (B Bird's-eye view of property. 89i �j� IRWIN PARTNERS T C i [� IRAP10o H r e c r s 245 Fischer Ar ,n Suite B-2 C-, Mesa CA 92626 (714)5572448 w.-ipa..— ARCHITECTURE PLANNING CONSULTING 03 View of pool area and shade structure I r f �� C BUILDING NUM1IBER -x.1:1 �� � O VIEN'NUI.IEEB Key Plan 07 View of Buildings 4 & 5. La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 OView of open parking along north property line. 05 View of rear portion of parcel. OB View of carports near building 8, 3D Views A20 PROJECT NO: 21014 PLOTDATE: 10/19/2023 21014 La Quinta SO V4 422 10 View on Washington Street with deceleration lane on far left See location of view on sheet A17 Key Plan. La Quinta Village Apartments Paint Schemes Color Board DUNN - EDWARDS PAINTS Scheme 1 Scheme 2 STUCCO 1 STUCCO 1 DEW352 DEW360 ANTIQUE WHITE WHITE ACCENT 1 ACCENT 1 DE6341 DET606 VULCAN MEEK MOSS GREEN FASCIA, TRELLIS, CORBELS FASCIA, TRELLIS, CORBELS DE6390 DE6390 CHOCOLATE PUDDING CHOCOLATE PUDDING joIPAIRWIN PARTNERS A R C H I T E C T& 245 FischerAvenue, Suite B-2 Costa Mesa CA 92626 1]14)5572446 w.ipaoccom ARCHITECTURE PLANNING CONSULTING TILE ROOFING WESTLAKE ROYAL ROOFING BARCELONA COLOR: CASA GRANDE ROOFING TPO ROOFING MANUF: TBD COLOR:TBD VINYL DOORS & WINDOWS COLOR:BRONZE RAILINGS & FENCING TUBE STEEL, OR SIM, COLOR:BLACK TRASH ENCLOSURES CMU WALLS, SPLIT FACE METAL ROOF METAL GATES CARPORTS BY OTHERS STEEL SUPPORTS & METAL ROOF, OR SIM, PICNIC AREA SHADE STRUCTURES BY OTHERS TBD POOL AREA CABANAS BY OTHERS TBD 09 View on Avenue 50 looking towards Washington Street intersection with mountains in the background. See location of view on sheet A17 Key Plan. View of entry access on Avenue 50. See location of view on sheet A17 Key Plan. La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 3D Views & Materials Board A21 PROJECT NO: 21014 PLOT DATE: 10119/2023 21014 La Quinta SO V4 423 VIEW FROM WASHINGTON STEET - BUILDINGS 1 & 2 VIEW FROM WASHINGTON STEET - BUILDING 4 & CLUBHOUSE ^(LINE OF SIGHT DIAGRAM - WASHINGTON STREET TOWARDS AVENUE 50 O {JSCA;•E 1.n• . TV VIEW FROM AVENUE 50 - BUILDINGS 5 & 6 leI pA IRWIN PARTNERS A R C H I T E C T S 7=5 Fv_hv+ A• —, Sum 32❑cule Mesa CA MM (714) 557 2448 w Ipaoc com ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 f/%'�LINE OF SIGHT DIAGRAM - WASHINGTON STREET AVENUE 50 r of LINE OF SIGHT DIAGRAM - AVENUE 50 SGEE: Vr = ra Line of Sight Diagrams A22 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinla SO V4 424 -.4-0- .4-0 -32.0- •x2.0 -201V tow- J •+a+a- 1 LT WASHINGTON A — STREET - ............. � �—cam T r ' � ..... �-,�a1iXG•iTALL�s1Rli!A�3LE 3itii-'.._� .i. —_--p0ya�c--• -- •-_ �lEHTCX 9NA1 SIXlG WM1FENCINGXEN'SIGE>•'MX`IE:: DECEL IPNe VIEW FROM AVENUE 50 - BUILDINGS 5 & 6 leI pA IRWIN PARTNERS A R C H I T E C T S 7=5 Fv_hv+ A• —, Sum 32❑cule Mesa CA MM (714) 557 2448 w Ipaoc com ARCHITECTURE PLANNING CONSULTING La Quinta Village Apartments Troutdale Village, LLC. NEC Washington Street & Avenue 50 La Quinta, California 92253 f/%'�LINE OF SIGHT DIAGRAM - WASHINGTON STREET AVENUE 50 r of LINE OF SIGHT DIAGRAM - AVENUE 50 SGEE: Vr = ra Line of Sight Diagrams A22 PROJECT NO: 21014 PLOT DATE: 10/19/2023 21014 La Quinla SO V4 424 k , _ � r � � - � �� # fit, � � �t � •�_ low��� I_ + [f'�3 ice!�z:u: r BLD(' 9 BLDG 5 i fl f k BLDG s ` I r of. ZONE 2: 55" ESTIMATED ANNUAL APPLIED MTM USE TREE AND SHRUB LOW - DRIP / BUBBLER _ s .*;w • y -+ �s �' y ETO X PF X LA X 0.62 / "148 / IE = EAAAU 58.0 X .20 X 102,383 X 0.62 / 748 / .90 = 1,0-157-1 TREE AND SHRUB MODERATE- DRIP / BUBBLER BL BLDG B DG 7 f �~ t I r +� ETO X PF X LA X 0.62 / 748 / IE = EAAAU ///jjj �- 55.0 X .50 X 65,256 X 0-62 / 748 / -90 = 1,525 il.��{I` •. -:.h _ - - '� .. � TURF HIGH- ROTOR -`.+ l•� +� -;� �� '� ETO X P _ F X LA X 0.62 / 748 / IE EAAAU 55,0 X .70 X 35,479 X 0,62 / 745 / -50 = 1,405-31 _ _ , .}- _ _ e• TURF HIGH- DRIP --- ETO X PF X LA X 0.62 / 748 / IE = EAAAU ------ _ - �# A 4 s - - - - - - - - - -------- 55, 0 X .70 X 1,090 X 0.62 / 745 / .90 = 40.76 AMSWE 50 — _-- `� `� - TURF HIGH - 5PRAY r ,4 ETO X PF X LA X 0.62 / 745 / IE = EAAAU - _ _ — • — - -- — - — - - ---- - — — — • -- - — - _ -- 55.0 X 0.70 X 1,679 X 0.62 / 748 / .75 = 75-34 y _............. ,.,,. ...,. ...... WwW......._....�,..,�„`......,......., .._._ .. - - ..,..,.._........ :.........-.-..........:.. MAXIMUM ANNUAL APPLIED WATER USE ETO X .45 X LA X 0.62 / 745 = MAAWU REFER TO SLOPE PLANTING EXHIBIT ACCENT PAVING SHADE STRUCTURE WITH PICKI JEEBALL COURT DOG PARK 55,0 X .45 X 211,452 X 0.62 / 745 = 4575.14 PICNIC TABLES PUTTING GREEN AREA - 3,161 POOL AND SPA AREA - 1,434 ESTIMATED ANNUAL APPLIED WATER USE TOTAL - 4,441-2 POOL RECREATION AREA MAXIMUM ANNUAL APPLIED WATER USE TOTAL - 4,575.14 ESTIMATED LANDSCAPE SQUARE FT. TOTAL - 211,452 CONCEPTUAL LANDSCAPE PLAN LP -1 PRELIMINARY LANDSCAPE PLANH,i7� I ERMNN DESIGN V ROUP 77-R99 \\'OLF RD - SUITE 1°2 LA QUINTA VILLAGE APARTMENT a 401 a& PALM DESERT, CA 91211 PARKER DEVELOPMENT PH 2754. EXP °1,� CITY OF LA QUINTA, CA YALE: I"=4m' PH (7(°)7777-913 425 FAX (760) 777-9132 f y= � 'may ��r,`'� � �� • / y a� 1�FM.7 I_ + [f'�3 ice!�z:u: r BLD(' 9 BLDG 5 i fl f k BLDG s ` I r of. ZONE 2: 55" ESTIMATED ANNUAL APPLIED MTM USE TREE AND SHRUB LOW - DRIP / BUBBLER _ s .*;w • y -+ �s �' y ETO X PF X LA X 0.62 / "148 / IE = EAAAU 58.0 X .20 X 102,383 X 0.62 / 748 / .90 = 1,0-157-1 TREE AND SHRUB MODERATE- DRIP / BUBBLER BL BLDG B DG 7 f �~ t I r +� ETO X PF X LA X 0.62 / 748 / IE = EAAAU ///jjj �- 55.0 X .50 X 65,256 X 0-62 / 748 / -90 = 1,525 il.��{I` •. -:.h _ - - '� .. � TURF HIGH- ROTOR -`.+ l•� +� -;� �� '� ETO X P _ F X LA X 0.62 / 748 / IE EAAAU 55,0 X .70 X 35,479 X 0,62 / 745 / -50 = 1,405-31 _ _ , .}- _ _ e• TURF HIGH- DRIP --- ETO X PF X LA X 0.62 / 748 / IE = EAAAU ------ _ - �# A 4 s - - - - - - - - - -------- 55, 0 X .70 X 1,090 X 0.62 / 745 / .90 = 40.76 AMSWE 50 — _-- `� `� - TURF HIGH - 5PRAY r ,4 ETO X PF X LA X 0.62 / 745 / IE = EAAAU - _ _ — • — - -- — - — - - ---- - — — — • -- - — - _ -- 55.0 X 0.70 X 1,679 X 0.62 / 748 / .75 = 75-34 y _............. ,.,,. ...,. ...... WwW......._....�,..,�„`......,......., .._._ .. - - ..,..,.._........ :.........-.-..........:.. MAXIMUM ANNUAL APPLIED WATER USE ETO X .45 X LA X 0.62 / 745 = MAAWU REFER TO SLOPE PLANTING EXHIBIT ACCENT PAVING SHADE STRUCTURE WITH PICKI JEEBALL COURT DOG PARK 55,0 X .45 X 211,452 X 0.62 / 745 = 4575.14 PICNIC TABLES PUTTING GREEN AREA - 3,161 POOL AND SPA AREA - 1,434 ESTIMATED ANNUAL APPLIED WATER USE TOTAL - 4,441-2 POOL RECREATION AREA MAXIMUM ANNUAL APPLIED WATER USE TOTAL - 4,575.14 ESTIMATED LANDSCAPE SQUARE FT. TOTAL - 211,452 CONCEPTUAL LANDSCAPE PLAN LP -1 PRELIMINARY LANDSCAPE PLANH,i7� I ERMNN DESIGN V ROUP 77-R99 \\'OLF RD - SUITE 1°2 LA QUINTA VILLAGE APARTMENT a 401 a& PALM DESERT, CA 91211 PARKER DEVELOPMENT PH 2754. EXP °1,� CITY OF LA QUINTA, CA YALE: I"=4m' PH (7(°)7777-913 425 FAX (760) 777-9132 TYP. BUILDING PLANTING EXHIBIT PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA LPLAY EQUIPMENT NOTE: PIV, FDC, HYDRANT LOCATIONS 514ALL NOT BE OBSTRUCTED FROM ACCESS BY VEGETATION. A MINIMUM 3 -FEET RADIUS AROUND EACH DEVICE CIRI U- .RENCE SHALL BE FREE OF OBSTRUCTIVE VEGETATION, WITH CONSIDERATION OF MATURE PLANT GROWTH PLANT LIST SYMBOL QTY. BOTANICAL NAME SIZE WATER ;EES 4 PALMS DALBERGIA 515500 24" BOX 02 LOU "INDIAN R05EWIOOD" TIPUANA TIPIU TRASH x AGAVE 51SALANA OLEA EUROPAEA I SWAN HILL' MULTI -TRC ACACIA STENOPHYLLA 24" BOX 02 LOW "SHOESTRING ACACIA" SINGLE TRC STND. ACACIA SALICINA 24" BOX 02 LOU 'WILLOW ACACIA" SINGLE TRC STND. PARKIN50NIA PRAECOX 24" BOX 02 LOW "PALO BREA" SINGLE TRC STND. ACACIA ANEURA 24" BOX 02 LOW 'TMULGA" SINGLE TRC STND. EUCALYPTUS PAPUANA 24" BOX 02 LOU ,GHOST GUM" SINGLE TRC STND. PHOENIX DACTYLIFERA IS' 5TH 05 MOD ZAPIDI DATE PALM' DIAMOND CUT WASHINGTONIA ROBIUSTA 15' 5TH 05 MOD 'MEXICAN FAN PALM" 05 MOD YELLOW BELLS" ® LEUCOPHYLLUM LANGMANIAE 5 GAL. 02 LOW LYNS LEGACY' v OLEA EUROPAEA 5 GAL. 02 LOW . - ! 1G F G) [lJL•ar1 .• - • 5 GAL. 05 MOD CORAL BELLS' © LEUCOPHYLLUM ZYGOPHYLLUM 5 GAL 02 LOU 'CIMARRON' � � BLDG. 3 5 GAL. 05 MOD !'JOMlt70D BEAUTY' _ r CALLISTEMON VIMINALIS 5 GAL. 05 MOD 0 G=RASSES = MUHLENBERGIA CAPILLARIS 5 GAL. 05 MOD REGAL MIST' BLDG 2 LOMANDRA LONGIFOLIA 5 GAL. Qo a (io G) PLATINUM BEAUTY' oo� 5 GAL. 05 MOD VARIEGATA' * � . La.J G OUNDCOVER 4 VINES DALEA GREGGII 5 GAL. 02 LOW TRAILING INDIGO BUSH" ' 77 L L: CAR155A 5 GAL 05 MOD 'GREEN CARPET' 0 f� 5 GAL. TYP. BUILDING PLANTING EXHIBIT PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA LPLAY EQUIPMENT NOTE: PIV, FDC, HYDRANT LOCATIONS 514ALL NOT BE OBSTRUCTED FROM ACCESS BY VEGETATION. A MINIMUM 3 -FEET RADIUS AROUND EACH DEVICE CIRI U- .RENCE SHALL BE FREE OF OBSTRUCTIVE VEGETATION, WITH CONSIDERATION OF MATURE PLANT GROWTH PLANT LIST SYMBOL QTY. BOTANICAL NAME SIZE WATER ;EES 4 PALMS DALBERGIA 515500 24" BOX 02 LOU "INDIAN R05EWIOOD" TIPUANA TIPIU 24" BOX 05 MOD "TIPII TREE" AGAVE 51SALANA OLEA EUROPAEA 36" BOX 02 LOW SWAN HILL' MULTI -TRC ACACIA STENOPHYLLA 24" BOX 02 LOW "SHOESTRING ACACIA" SINGLE TRC STND. ACACIA SALICINA 24" BOX 02 LOU 'WILLOW ACACIA" SINGLE TRC STND. PARKIN50NIA PRAECOX 24" BOX 02 LOW "PALO BREA" SINGLE TRC STND. ACACIA ANEURA 24" BOX 02 LOW 'TMULGA" SINGLE TRC STND. EUCALYPTUS PAPUANA 24" BOX 02 LOU ,GHOST GUM" SINGLE TRC STND. PHOENIX DACTYLIFERA IS' 5TH 05 MOD ZAPIDI DATE PALM' DIAMOND CUT WASHINGTONIA ROBIUSTA 15' 5TH 05 MOD 'MEXICAN FAN PALM" 05 MOD DESERT ACCENTS CAE5ALPINIA PULGHEW1 MA 15 GAL. AGAVE 51SALANA 15 GAL. 02 LOW "SISAL" AGAVE ANGUSTIFOLIA 15 GAL 02 LOW CARIBBEAN AGAVE" 'SIERRA 5OUOUET' AGAVE GEMINIFLORA 5 GAL. 02 LOU) "TWIN -FLOWERING AGAVE" 02 LOU HESPERALOE PARVIFLORA 5 GAL 02 LOW 'DESERT FLAMENCO' SENNA AFETEMI5IO[pE5 5 GAL 0 ECHINOGACTUS GRI5 JII 5 GAL. 02 LOU) "GOLDEN BARREL CACTUS" © SHRUBS 5 GAL. 05 MOD I,UATER GON5ERVATION ST_A_TF-MENT LANDSCAPING 15 CONSISTENT WITH THE REQUIREMENTS OF THE COACHELLA VALLEY WATER DISTRICT ORDNANCE 1302.1. THE IRRIGATION 0' 10' 20 30, SYSTEM SHALL BE DESIGNED FOR EFFICIENT PEF <)R1ANCE WITH CONSERVATION IN MIND. POINT SOURCE DRIP / BUBBLER SYSTEMS WILL PROVIDE DIRECT WATER TO THE SHRUBS AND TREES_ SCALE= I"=10' LP -2 HERMANN DESIGN V ROUP 77-699 WOLF RD. SUITE 102 PALM DESERT, CA 92211 LIC# 2754, EXP 04/30/22 PH (760)777-9131 426 FAX (760) 777-9132 DATE 8/15/73 CAE5ALPINIA PULGHEW1 MA 15 GAL. 02 LOW "RED BIRD OF PARADISE" LEUCOPHYL[:UM MIN05UM 5 GAL 02 LOW 'SIERRA 5OUOUET' LEUCOF'HYLLUM FRUTESCEN5 5 GAL. 02 LOU WHITE CLOUD' ® SENNA AFETEMI5IO[pE5 5 GAL 02 LOW FEATf EFZY C.4%IA" © TECOMA STAN5 5 GAL. 05 MOD YELLOW BELLS" ® LEUCOPHYLLUM LANGMANIAE 5 GAL. 02 LOW LYNS LEGACY' v OLEA EUROPAEA 5 GAL. 02 LOW LITTLE OLLIE' W55ELIA EOUISETIFORMI5 5 GAL. 05 MOD CORAL BELLS' © LEUCOPHYLLUM ZYGOPHYLLUM 5 GAL 02 LOU 'CIMARRON' CAR[SSA MACROCARPA 5 GAL. 05 MOD !'JOMlt70D BEAUTY' r CALLISTEMON VIMINALIS 5 GAL. 05 MOD LITTLE JOHN' G=RASSES = MUHLENBERGIA CAPILLARIS 5 GAL. 05 MOD REGAL MIST' *F LOMANDRA LONGIFOLIA 5 GAL. 05 MOD PLATINUM BEAUTY' • DIANELLA TASMANIGA 5 GAL. 05 MOD VARIEGATA' G OUNDCOVER 4 VINES DALEA GREGGII 5 GAL. 02 LOW TRAILING INDIGO BUSH" 0 CAR155A 5 GAL 05 MOD 'GREEN CARPET' 0 EVOLVULU5 GLOMERATUS 5 GAL. 02 LOU "HAWAIIAN BLUE EYES" ® BOUGANVILLEA 5 GAL 05 MOD 'LA JOLLA' - DURANTA REPENS 5 GAL. 5TK 05 MOD "SKY FLOWER" I,UATER GON5ERVATION ST_A_TF-MENT LANDSCAPING 15 CONSISTENT WITH THE REQUIREMENTS OF THE COACHELLA VALLEY WATER DISTRICT ORDNANCE 1302.1. THE IRRIGATION 0' 10' 20 30, SYSTEM SHALL BE DESIGNED FOR EFFICIENT PEF <)R1ANCE WITH CONSERVATION IN MIND. POINT SOURCE DRIP / BUBBLER SYSTEMS WILL PROVIDE DIRECT WATER TO THE SHRUBS AND TREES_ SCALE= I"=10' LP -2 HERMANN DESIGN V ROUP 77-699 WOLF RD. SUITE 102 PALM DESERT, CA 92211 LIC# 2754, EXP 04/30/22 PH (760)777-9131 426 FAX (760) 777-9132 DATE 8/15/73 s! a WALL SLOPE PLANTING EXHIBIT PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA PLANT LIST SYMBOL QTY. BOTANICAL NAME SIZE WATER :EES 4 BALMS DALBERGIA 515500 24" BOX 03 LOW "INDIAN ROSEWOOD" • TIPUANA TIPU 24" BOX 05 MOD 4 MPU TREE" AGAVE 51SALANA OLEA EUROPAEA 36" BOX 02 LOW ' 'SWAN HILL' MULTI -TRK ■ ACACIA STENOPHYLLA BOX LOW SHOESTRING ACACIA" TN SINGLE TRK STND. SIN c ACACIA 5ALICINA 24" BOX 02 LOW "WILLOW ACACIA" SINGLE TRK. STND. " • PAWINSCNIA PRAECOX 24" BOX 02 LOW "PALO BREA" SINGLE TRK STND. ACACIA ANEURA 24" BOX 02 LOW - "MULGA" SINGLE TRK STNO. + EUCALYPTUS PAPUANA 24" BOX 02 LOW "GHOST GUM" SINGLE TRK STND. PHOENIX DACTYLIFERA 15' 5TH 05 MOD 'ZAWIDI DATE PALM' DIAMOND CUT WASHINGTONIA ROBUSTA IB' BTH 05 MOD "MEXICAN FAN PALM" DESERT ACCENTS SHRUBS AGAVE 51SALANA 15 GAL 02 LOW "SISAL" CAESALPINIA PULCHERRIMA 15 GAL. AGAVE ANGUSTIFOLIA 15 GAL. 02 LOW "CARIBBEAN AGAVE" • AGAVE GEMINIFLORA 5 GAL. 02 LOW "TWIN -FLOWERING AGAVE" 02 LOW HESPERALOE PARVIFLORA 5 GAL. 02 LOW DESERT FLAMENCO' • ECHINOCACTUS GRUSON11 5 GAL. 02 LOW "GOLDEN BARREL CACTUS" 'WHITE CLOUD' LUATER CONSERVATIQNaSTATEMENT 7� T� LANDSCAPING IS CONSISTENT WITH THE ilERMANN DESIGN GROUP REOUIREMENT9 OF THE COACHELLA VALLEY WATER 77-899 WOLF RD. DISTRICT ORDINANCE 1 THE IRRIGATION � 0 10 20 30' SUITE 102 SYSTEM SHALL BE DESIGNED FOR EFFICIENT PALM DESERT, CA PERFORMANCE WITH CONSERVATION IN MIND. POINT SOURCE DRIP / BUBBLER SYSTEMS WILL PROVIDE 92211 DIRECT WATER TO THE SHRUBS AND TREES. LIC# 2754, EXP 04/30/22 SCALE: 1••10' PH. (760) 777-9131 427 FAX (760) 777-9132 DATE 8/15/73 SHRUBS CAESALPINIA PULCHERRIMA 15 GAL. 02 LOW "RED BIRD OF PARADISE" ' LEUCOPHYLLUM PRUIN05UM 5 GAL. 02 LOW 'SIERRA BOUCIUET' LEUCOPHYLLUM FRUTE5CENS 5 GAL. 02 LOW 'WHITE CLOUD' SENNA ARTEM15101DES 5 GAL. 02 LOW "FEATHERY CASSIA" ® TEC0MA STANS 5 GAL. 05 MOD "YELLOW BELLS" LEUCOPHYLLUM LANGMANIAE 5 GAL. 02 LOW 'LYNS LEGACY' ■ OLEA EUROPAEA 5 GAL. 02 LOW 'LITTLE OLLIE' RUSSELIA EOUISETIFORMIS 5 GAL. 05 MOD "CORAL BELLS" ® LEUCOPHYLLUM ZYGOPHYLLUM 5 GAL. 02 LOW 'CIMARRON' w CARISSA MACROCARPA 5 GAL. 05 MOD 'BOXWOOD BEAUTY' ® CALLISTEMON VIMINALIS 5 GAL. 05 MOD 'LITTLE JOHN' GRA88ES MUHLEN6ERt.IA CAPI1-LAR15 5 GAL. 05 MOD 'REGAL MIST' • LOMANDRA LONGIFOLIA 5 GAL. 05 MOD 'PLATINUM BEAUTY' • DIANELLA TASMANICA 5 GAL. 05 MOD 'VARIEGATA' GROUNDCOVER 4 VINES IQ DALEA GREGGII 5 GAL. 02 LOW �S+ TRAILING INDIGO BUSH" CARISSA 5 GAL. 05 MOD 'GREEN CARPET' EVOLVULUS GLOMERATUS 5 GAL. 02 LOW "HAWAIIAN BLUE EYES" {y BOUCANVILLEA 5 GAL. 05 MOD LA JOLLA' .�� DURANTA REPEN5 5 GAL. STK 05 MOD NOTE: "SKY FLOWER' PIv, FDC, HYDRANT LOCATIONS SHALL NOT BE O55TRLIC7ED FROM ACCE5S 57 VEGE7,47 ONL A MINIMUM ERADIUS AROUND EACH DEVICE A ■ CIRCUMFERENCE SHALL BE FREE OF OBSTR1ICTIVE E ��— VEGETATION, WITH CONSIDERATION OF MATURE Ji PLANT GROWTH. LUATER CONSERVATIQNaSTATEMENT 7� T� LANDSCAPING IS CONSISTENT WITH THE ilERMANN DESIGN GROUP REOUIREMENT9 OF THE COACHELLA VALLEY WATER 77-899 WOLF RD. DISTRICT ORDINANCE 1 THE IRRIGATION � 0 10 20 30' SUITE 102 SYSTEM SHALL BE DESIGNED FOR EFFICIENT PALM DESERT, CA PERFORMANCE WITH CONSERVATION IN MIND. POINT SOURCE DRIP / BUBBLER SYSTEMS WILL PROVIDE 92211 DIRECT WATER TO THE SHRUBS AND TREES. LIC# 2754, EXP 04/30/22 SCALE: 1••10' PH. (760) 777-9131 427 FAX (760) 777-9132 DATE 8/15/73 ACCENT PAVING POOL AREA PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA WITH NOTE: PI V, FDC, HYDRANT LOCATIONS SHALL NOT BE OBSTRUCTED FROM ACCESS BY VEGETATION A MINIMUM 3 -FEET RADIUS AROUND EACH DEVICE CIRCUMFERENCE SHALL BE FREE OF OBSTRUCTIVE VEGETATION, WITH CONSIDERATION OF MATURE PLANT GROWTH PLANT L15T SYMBOL QTY. BOTANICAL NAME SIZE WATER USE :EES E PALMS DALBERGIA 515500 24" BOX 02 LOW "INDIAN ROSEWOOD" 0 TIPUANA TIPU 24" BOX 05 MOD "TIPU TREE" X AGAVES15ALANA G OLEA EUROPAEA 361, BOX 02 LOW ' 'SWAN HILL' MULTI -TRC ■ AGAGIA STETRIN BOX LOW. ACACIA "SHOESTRING ACACIA" TN SINGLE TRC STND. SIN ACACIA SALICINA 24" BOX 02 LOW "WILLOW ACACIA" SINGLE TRC STND. PARCIN50NIA PRAECOX 24" BOX 02 LOW "PALO BREA" SINGLE TRC STND. ACACIA ANEURA 24" BOX 02 LOW "MULGA" SINGLE TRC 5TND. • EUCALYPTUS PAPUANA 24" BOX 02 LOW "GHOST GUM" SINGLE TRC 57ND. PHOENIX DAGTYLIFERA 15' BTH 05 MOD 7AI-IIDI DATE PALM' DIAMOND CUT WASHINGTONIA ROBUSTA IB' 5TH 05 MOD "MEXICAN FAN PALM" DESERT ACCENTS SHRUBS 7� 7� HERMANN DESIGN GROUP X AGAVES15ALANA 15 GAL 02 LOW "SISAL" 02 LOW 77-899 WOLF R R AGAVE ANGU5TIFOLIA 15 GAL. 02 LOW "CARIBBEAN AGAVE" LEUCOPHYLLUM PRIUINOSUM 5 GAL AGAVE GEMINIFLORA 5 GAL. 02 LOW "TWIN -FLOWERING AGAVE" 1"=10' y HESPERALOE PARVIFLORA 5 GAL 02 LOW 'DESERT FLAMENCO' WHITE CLOUD' O ECHINOGACTU5 G-RU50NII 5 GAL. 02 LOW "GOLDEN BARREL CACTUS" 02 LOW LP -4 WATER CONSERVATION STATEMENT SHRUBS 7� 7� HERMANN DESIGN GROUP LANDSCAPING 15 CONSISTENT WITH THE CAE5ALPINIA PULCHERRIMA 15 GAL 02 LOW 77-899 WOLF R R "RED BIRD OF PARADISE" o' 10' iii�'JJ 20, 30, SUITE 102 PAL[v1 DESERT, CA q LEUCOPHYLLUM PRIUINOSUM 5 GAL 02 LOW 'SIERRA BOUQUET' 1"=10' y LEUCOPHYLLUM FRUTESGENS 5 GAL. 02 LOW WHITE CLOUD' SENNA ARTEMISIOIDES 5 GAL 02 LOW "FEATHERY CASSIA" ® 7GOMA S 5 GAL 05 MOD BELLS" LEUCOPHYLLUM LANGMANIAE 5 GAL. 02 LOW 'LYNS LEGACY' ® OLEA EUROPAEA 5 GAL 02 LOW 'LITTLE OLLIE' . R155ELIA EQUISETIFOW15 5 GAL 05 MOD "CORAL BELLS" ® LEUGOP14YLLUM ZYGOPHYLLUM 5 GAL. 02 LOW .CIMARRON' CARI55A MACROCARPA 5 GAL 05 MOD 'BOXUUOOD BEAUTY' ® CALLISTEMON VIMINALI5 5 GAL 05 MOD 'LITTLE JOHN' GRASSES MUHLENBERGIA CAPILLARIS 5 GAL. 05 MOD 'REGAL M15T' LOMANDRA LONGIFOLIA 5 GAL. 05 MOD 'PLATINUM BEAUTY' ® DIANELLA TA5MANICA 5 GAL, 05 MOD 'VARIEGATA' 5ROUNDGOvE�B v1NES DALEA GREGGII 5 GAL. O2 LOW TRAILING INDIGO BUSH" CARI55A 5 GAL. 05 MOD 'GREEN CARPET' EVOLVULUS GLOMERATUS 5 GAL. 02 LOW "HAWAIIAN BLUE EYES" 4 BOUGANVILLEA 5 GAL 05 MOD LA JOLLA' es DURANTA REPEN5 5 GAL. STK 05 MOD "SKY FLOUFER" LP -4 WATER CONSERVATION STATEMENT 7� 7� HERMANN DESIGN GROUP LANDSCAPING 15 CONSISTENT WITH THE REQUIREMENTS OF THE COACHELLA VALLEY WATER 77-899 WOLF R R DISTRICT ORDINANCE 1302.E THE IRRIGATION SYSTEM SHALL BE DESIGNED FOR EFFICIENT PERFORMANCE WITH CONSERVATION IN MIND_ POINT o' 10' iii�'JJ 20, 30, SUITE 102 PAL[v1 DESERT, CA SOURCE DRIP /BUBBLER SYSTEMS WILL PROVIDE \�/ 922] 1 DIRECT WATER TO THE SHRUBS AND TREES L1CP 2754, EXP 04/30/22SCALE: 1"=10' PH (760) 777-9131 42$ FAX (760) 777-9132 R Ty 'T ENTRY 6' HT. BLOCK I WALL MONUMENT SIGN DECORATIVE CAP PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA VEHICULAR GATES WATER FEATURE NOTE: PIV, FDC, HYDRANT LOCATIONS SHALL NOT BE OBSTRUCTED FROM ACCESS BY VEGETATION. A MINIMUM 3 -FEET RADIUS AROUND EACH DEVICE CIRCUMFERENCE SHALL BE FREE Cr- OB57RllCTIVE VEGETATION, WITH CONSIDERATICN OF MATURE PLANT GROWTH. LJATEf2 GON8ERVATION 57HTEMENT LANDSCAPING 15 CONSISTENT WITH THE REQUIREMENTS OF THE COACHELLA VALLEY WATER DISTRICT ORDINANCE 1302.1. THE IRRIGATION SYSTEM SHALL BE DESIGNED FOR EFFICIENT 0 10 20 30' PERFORMANCE WITH CONSERVATION IN MIND. POINT SOURCE DRIP / BUBBLER SYSTEMS WILL PROVIDE DIRECT WATER TO THE SHRUBS AND TREES. SCALE: I"=10' LP -5 HERMANN DESIGN GROUP 77-899 WOLF RD. SUITE 102 PALM DESERT, CA 92211 LIC# 2754, EXP 04/30/22 PH (760) 777-9131 429 FAX (760) 777-9132 DATE 8/15/23 Aft - rak! ..ML .r*Ar_ -5D�_ ---�-___ 3-------------------------------_ --__------------------_ ------------- � ll K-f�i � I CONCEPTUAL WALL AND FENCE PLAN PRELIMINARY LANDSCAPE PLAN LA QUINTA VILLAGE APARTMENTS PARKER DEVELOPMENT CITY OF LA QUINTA, CA LEGEND EXI5TING BLOCK WALL TO REMAIN IN PLACE 6' HT. BLOCK WALL WITH STUCCO FINISH TO MATCH ARCHITECTURE 6' HT. 5PLITFACE TAN COLOR BLOCK WALL WITH FLAT CAP TAN COLOR 6'-6" HT. PILASTER WITH STUCCO FINISH WITH DECORATIVE TAN COLOR CAP ��mcn.r rw LA OUINTA VILLAGE APARTMENTS °""`�'" MONUMENT SKI LP -6 HERMANN DESIGN GROUP 77-899 WOLF RD. SUITE 102 PALM DESERT, CA 92211 LIC# 2754, EXP 04/30/22 SCALE: 1"=4O' PH. (760) 777-9131 430 FAX (760) 777-9132 DATE 5/15/73 STUDY SESSION ITEM NO. 1 City of La Quinta COMMUNITY SERVICES COMMISSION: November 21, 2023 STAFF REPORT AGENDA TITLE: DISCUSS EXPANDING THE MEMBERSHIP AND RENAMING THE COMMUNITY SERVICES COMMISSION TO COMMUNITY SERVICES AND ARTS COMMISSION RECOMMENDATION Discuss expanding and renaming the Community Services Commission to Community Services and Arts Commission. EXECUTIVE SUMMARY • The Community Services Commission (CSC) is comprised of five members appointed by Council and is responsible for providing recommendations concerning the City's community service programs, recreational facilities, and public art acquisitions. • While public art currently falls within the purview of the CSC, community members have expressed interest in forming an Arts Commission. • Instead of forming a separate Arts Commission, staff is requesting Council consider expanding the current CSC by adding two additional Commissioners and renaming it the Community Services and Arts Commission (CSAC). FISCAL iMNAc i — None. BACKGROUND/ANALYSIS The CSC is comprised of five members appointed by Council. The primary focus of the CSC includes assessing community service program effectiveness/needs, recommending fees and operations policies regarding parks and recreation facilities, proposing recreational/social programs, and providing input regarding public art acquisitions. While public art falls under the CSC's purview, recently community members have expressed interest in forming an Arts Commission to solely focus on public art acquisitions, commissioned artwork, and identifying locations for future art installations. Instead of forming a separate Arts Commission, staff is requesting for Council to consider and discuss the potential for expanding the CSC to become the CSAC. Staff 431 proposes the CSAC become a seven -member commission by adding two additional Commissioners with backgrounds in the arts. Additionally, the stipulations for the CSAC will be updated to require at least two (2) Commissioners have experience in at least one of the following areas: • Arts Management: Experience with arts -focused nonprofit, employment with arts/cultural agency, and/or exhibit curation. • Arts Education: Teaching and/or arts curriculum development. • Arts Advocacy: Involvement with the local art scene and/or community art events. The CSAC would continue the primary functions of advising staff on social, recreational, and community programming with an increased emphasis on public art. Prepared by: Michael Calderon, Management Analyst Approved by: Christina Calderon, Community Resources Deputy Director 432 4 oa�tra DEPARTMENTAL REPORT ITEM NO. 8 fGLM,h,DESERI _public Works/Engineering Quarterly Report The Public Works Department consists of six divisions: Engineering, Capital Improvement Projects (CIP), Parks, Lighting & Landscape, Traffic, Facilities, and Public Works Street Maintenance. Engineering Provides engineering design, construction oversight, and traffic support on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Services Here are some activities for July, August, September 2023: CIP PROJECTS - IN DESIGN ................ La Quinta Landscape Improvements Cactus Flower Development Design is complete and preparing to go out to bid for the Cactus Flower Development, the last phase of the La Quinta Landscape Improvement Project. The proposed improvements also include an activities promenade with two pickleball courts, drinking fountain, seating, and additional future amenities. Fritz Burns Park The Fritz Burns Park Improvements Master Plan was approved and preliminary Improvements eneineering/design is now underway. = md� 433 Road Improvements There are five road improvement projects that will be constructed between Summer 2023 and Summer 2024. Projects with similar improvements and timelines have been combined to be constructed at the same time in order to minimize traffic impacts and reduce costs. City of La Quinta UNDERWAY AVENUE 50 & AVENUE 52 Completed & UpcomingPAVEMENT REHABILITATION Road Improvement Rehabilitation of both Avenue 50 between Washington ton Street and Eisenhower Drive, and Avenue 52 Projects between Madison Street and Monroe Street is almost complete. CC,"i�D1. - -r;_ UNDERWAY JEFFERSON STREET AT FRED WARING DRIVE PAVEMENT HIGHWAY 111 J L REHABILITATION n collaboration with the City of Rehabilitation of Fred Waring Drive indio, roadway rehabilitation between Washington Street and Adams improvements at the intersection of Street is underway. Highway 1}l and Jefferson Street was completed in December 2022. FALL -WINTER 223 PMP SLURRY SEAL IMPROVEMENTS COMPLETE As part of the 5 -Year Pavement MOON RIVER DRIVE a e Management Plan, slurry seal will PAVEMENT REHABILITATION continue in the cove, village, on Rehabilitation of the roadway on e e Washington Street and Munroe Street. Moon River Drive to the L]SUSD right of way was completed during the WINTER -SPRING 2023 school winter break in December DUNE PALMS ROAD 2022- PAVEMENT REHABILITATION COMPLETE In Winter 2023, rehabilitation of Dune JEFFERSON STREET SLURRY Palms Road between Fred Waring SEAL IMPROVEMENTS Drive and Miles Avenue will be completed. In collaboration with the City of Indio, a slurry seal of the entire La SUMMER 2024 Quinta limits of Jefferson Street was completed in Spring 2023. PMP SLURRY SEAL IMPROVEMENTS As part of the 5 -Year Pavement t.1rVpFntn,r,r�v Management Plan, slurry seal will continue in the cove and citywide PMP SLURRY SEAL IMPROVEMENTS As part of the 5 -Year Pavement SUMMER 2024 Management Plan, slurry sea] in the cove + and �Jillage areas is almost complete. AWAITING FEDERAL FUNDING HIGHWAY 111 PAVEMENT REHABILITATION Summer 2bet rehabilitation n of H Highway 711 between Washington Street and Jefferson Street will be — GEM ojrhe DESERT — completed. ----------------------------------------------------------------------------- CIP PROJECTS -UPCOMING Avenue 48 This project, led by Coachella Valley Association of Governments (CVAG), is finalizing the design phase and will construct an active transportation network for pedestrians and bicyclists with interactive arts Arts and Music Line and music. The project will establish a new public space that can only be experienced without a vehicle, and will create a safe route connecting schools, affordable housing, retail, and employment centers, and will have three connections to Coachella Valley Link. 434 Avenue 50 Widening Design is underway for the collaborative project with the City of Indio to widen Avenue 50 from Jefferson Street to Madison Street to its ultimate general plan standard, which will include a multi -use path on the south side of the street. Civic Center This design is being finalized and solicitation is underway to contract a Construction Management firm Lake Irrigation for this project that will convert the Civic Center lake water from potable water to irrigation water provided through Coachella Valley Water District (CVWD) lines (Bureau of Reclamation (BOR) Lines). CVWD has completed work to provide a point of connection and meter at the existing pumps. Avenue 50 Bridge The City received Highway Bridge Program (HBP) funding authorization from Caltrans to begin the Preliminary Engineering phase of the project that will construct a bridge over the Evacuation Channel from Washington Street to 800 feet east of the channel crossing. Proposals for the Preliminary Engineering phase were received and staff is currently conducting contract negotiations with the selected firm. --------------------------------------------------------- CIP PROJECTS - IN PROGRESS Avenue 50 & Avenue 52 Pavement Rehabilitation Dune Palms Reconstructed curb ramps and other sidewalk repairs and is completing striping on Avenue 50 and Avenue 52. Completed water line potholing and survey. Constructing falsework for the northbound bridge section. 435 ,,,11. ,�� D U N E P L M S MW BFIDGE IIIPPO`1EI-fEFIT PPOJECT DUDE PALMS ROAD will remain closed through Spring 2024 due to severe damage caused by recent storms and for public safety during construction. Business access remains open. Dune Palms Road will be closed to vehicles, cyclists and pedestrians just north of Corporate Centre Drive to rhe Dune Palms Mobile Horne Estates. TRAFFIC IMPACTS Corporate Centre Dri.e is open. Business acce--s is open from Dune Palms Road and I-lighr:a. 111. Please use Jefferson or Idam; streets for alternate ratites around the closure. UPDATE Contractors on the Dune Palmc Bridge project cleared debris and stabilised the construction --one and -% ill continue earl on the bridge proj;ect.The road -n i11 be re -opened n hen the ca_- tern bridge span of the bridge is complete, projected to be Spring 2424. 60diolloYoliq Mobile %0411 0 P t tv 91. Jt BUSINESS ACCESS OPEN 10 - 'k DUNE PALMS ROAD Lu Quint YolkyNom 611uSINESS ` ACCESS OPEN ------------------m ------------------- 436 CIP PROJECTS -COMPLETED Contractor repaired sinkholes that were found on various streets throughout the City after Tropical Storm Hilary. Avenue 50 --_ Sinkhole :F Avenue 62 Sinkhole Monroe Street Sinkhole Before Before Before After After 437 Citywide Miscellaneous , Improvements Civic Center Activities Promenade Reconstruction of curb ramps, sidewalks, and driveways were completed to bring them to the current code along Avenida Montezuma. Replaced additional curb ramps at Avenida Navarro, Avenida Montezuma, and Springtime Way, and a driveway at the City -owned parking lot on Avenida Navarro. The project included removing turf, modifying irrigation, grading, construction of a concrete pad, construction of a concrete footing for future site furnishing, construction of concrete mow curb, placing of pavers and placing stabilized decomposed granite. -------------- ---------------------------------------- Public Works Development -- ---- -------------------------------------------- Engineering assistance and project review during July, August, and September 2023: Project Reviews Completed Permits Issued PERIOD 1023 2022 Percentage Change From Last Year PERIOD 2023 2022 Percentage Change From Last Year July 38 61 37% V July 10 13 23% August 19 40 52% ♦ August 7 10 30%V September 37 59 37% V September 13 10 30% A Year to Date 341 506 33% V Year to Date 117 164 29% V ----------------------------------------------------------------------------- 438 Traffic The traffic operations team completed 11 citizen request work orders, 88 work orders, 16 preventative maintenance work orders, 8 records request, and 28 emergency on call work orders. • Assisted Indio with a monument sign at Jefferson and Avenue 50 • Adjusted Video detection files in accordance with Avenue 52 and Avenue 50 pavement rehabilitation project • Completed potholing and running fiber network at intersections and is beginning to install equipment at intersections and sidewalk repairs for the Coachella Valley Sync project, phase 2 • Installed conduit and fiber network, programmed new axis cameras, and is prepping to install cameras and equipment for the X -Park Public Safety Camera System project Parks and Lighting & Landscape ----------------------------------------------------------------------------- Parks and L&L staff completed work orders related to: graffiti removal, trail maintenance, landscape maintenance and irrigation issues, parks maintenance, and electrical issues. New shade structures were installed at the X -Park. A memorial tree was installed at the Civic Center Campus. 439 The new splash pad located in La Quinta Park was completed in August. Clean up from Tropical Storm Hilary at the SilverRock Event Park included filling in crevices, redefining the parking lot areas, and replacement of the lake and fountain pumps. 7.. 440 -17 440 ------------ Facilities The facilities team completed the following projects: • City Hall Council Chambers re -upholstery of chairs • Tropical Storm Hilary preparation and recovery • City Hall water line break clean up and repairs Responded to 121 work orders, including but not limited to: preventative maintenance tasks, HVAC maintenance, personnel requests, and park facility maintenance. The team also responded to multiple emergencies relating to Tropical Storm Hilary, the September 1st storm, and a City Hall water line break. TRW L_ Public Works Street Maintenance 238 work requests were completed, including: • Accident/Damage/Risk • Debris/Litter Removal/Right-of-Way Maintenance • Graffiti Removal (Right -of -Way) • Pothole or Street Repair • Sidewalk Repair/Concrete Tropical Storm Hilary response and clean-up: • Emergency Response • Storm Drain Repair and Maintenance • Street Sweeping • Street Sign Repair/Maintenance • Vehicle/Equipment/Operations Yard Maintenance • Tree Issues ----------------------------- 441 442 CALL TO ORDER REPORTS AND INFORMATIONAL ITEM NO. 27 FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, OCTOBER 4, 2023 A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Dorsey. PRESENT: Commissioners Anderson, Batavick, Mast, Mills, and Chair Dorsey ABSENT: Commissioner Way VACANCY: One (1) PLEDGE OF ALLEGIANCE Commissioner Anderson led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. AVENUE 48 ARTS AND MUSIC LINE PROJECT UPDATE BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) EXECUTIVE DIRECTOR TOM KIRK Executive Director Tom Kirk and Project Manager Randy Bowman from CVAG provided a detailed presentation and status update on the Avenue 48 Arts and Music Line Project (Project), a 10 -mile community connector, which will run along Avenue 48 through the Cities of La Quinta, Indio, and Coachella, including information on Project funding sources, design, lighting, hardscape, and safety. CONSENT CALENDAR ITEMS 1. APPROVE MEETING MINUTES DATED AUGUST 9, 2023 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2023 Motion — A motion was made and seconded by Commissioners Mills/Batavick to approve the Consent Calendar as submitted. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 1 (Way), vacancy — 1. FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 2 OCTOBER 4, 2023 443 SPECIAL MEETING BUSINESS SESSION 1. APPOINT TWO FINANCIAL ADVISORY COMMISSIONERS TO AUDIT AND FORMULATE THE ANNUAL MEASURE G SALES TAX OVERSIGHT COMPLIANCE REPORT (Report) FOR FISCAL YEAR 2022/23 Finance Director Martinez presented the staff report, which is on file in the Finance Department. Staff provided the timeline for completing the Report. Commissioner Batavick and Mast expressed their willingness to participate on the subcommittee to audit and formulate the annual Measure G sales tax oversight Compliance report for fiscal year 2022/23 Motion — A motion was made and seconded by Commissioners Anderson/Mills to appoint Commissioners Batavick and Mast to serve on the subcommittee to audit and formulate the annual Measure G sales tax oversight compliance report for fiscal year 2022/23. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 1 (Way), vacancy — 1. STUDY SESSION — None DEPARTMENTAL REPORTS — All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Finance Director Martinez provided an update on current and upcoming Finance Department projects and explained the purpose for the city-wide comprehensive annual audit. She announced that interviews for the Financial Advisory Commission vacancy will be held at a Council meeting in December 2023. COMMISSIONERS' ITEMS Commissioner Batavick said that he would like staff to consider providing an update at a future Commission meeting on damages incurred by Hurricane Hiliary in August 2023 and subsequent storm to the City and funding sources available to cover cost. ADJOURNMENT There being no further business, it was moved by Commissioner Batavick/Mills to adjourn this meeting at 5:11 p.m. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 1 (Way), vacancy — 1. Respectfully submitted, Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 2 OCTOBER 4, 2023 444 SPECIAL MEETING WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING NOVEMBER 21, 2023 CITY COUNCIL MEETING - NOVEMBER 21, 2023 - WRITTEN PUBLIC COMMENTS FROM MAYER CORP (VAUGHN, ESQ. SZR LAW) PUBLIC HEARING ITEM NO. 2 - LA QUINTA VILLAGE APARTMENTS - OPPOSED TO GENERAL PLAN AMENDMENT/PARCEL SWITCH From: James Vaughn <JVaughn@szrlaw.com> Sent: Tuesday, November 21, 2023 9:55 AM To: Council; City Clerk Mail Cc: 'Ihrke, Bill'; Jon McMillen; Cheri Flores; 'RJ Mayer'; 'Tom Weigel'; Erika Crempa Subject: November 21, 2023 City Council Meeting - Public Hearing Agenda Item No. 2 - Objection to Proposed GPA No. 2022-0002 for La Quinta Village Apartments Attachments: LQ Site Selection Map - Old Town La Quinta 11.20.2023.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. Dear Mayor Evans and Honorable City Councilmembers: As a supplement to the letter I submitted yesterday concerning the above -referenced matter, please see the attached exhibit showing 14 properties in the Old Town La Quinta area that we understand to be owned by the City and undeveloped. If for any reason the City Council does not consider the Darby Road Property to be a suitable replacement for the Mayer Property as a site to be added to the Housing Element Site Inventory for the remaining 36 very low- and low-income units needed to accommodate the LA Quinta Village Apartments project, we believe there is sufficient City - owned land identified on this exhibit that could be added to the Site Inventory for that purpose. We believe that between the Darby Road Property and the City -owned sites identified on the attached exhibit, the City Council has a number of options avaialble to approve the La Quinta Village Apartments project without adding the Mayer Property to the Housing Element Site Inventory. Please include this letter in the record of proceedings for this matter. Best regards, --Jim James D. Vaughn, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP jvaughnkszrlaw.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 >M. -„,-fir - �� � � //!!�� I � :» ` ,• . { , i � � L. F tri”' w ��" �� Yil �.e. -r ,s 7. _ _ _ f o . • I .. •��+ r � �� _ i. orf `� E •t ,� � _ , �. 1 .-. �, fir••• APN: 770123011 _ �� �e •.:�i ,'i :% r • - 1.47 AC. - - - APN: 1.23 AC. .x" �. �. _. �►.. 2028 P 1 4 2 —.1 777,07 1.16 AC. • '.::.'.. ,� . e � ,. 0.38 AC. rc;+ `1'� � � _ •� I, �` APN: 77012500 `� 0.`11 nw 40 APN; 773104 Q ■ a � � I APN: 77.3101013 =,. ;���� •- ; ti ` ��4 .. 'r ' 30 14 �.�� � 0.74 AC: , - 0.12 AC. •� ...�� �� � �� r� - �• _ _ � . S. _l — 11 T • O it -.y f _ ' r O ■� i sy • wti . ' �� r•. � i _' M APN: 7731350 - 0.12 AC. _ '- � � . ■ r, :, rnl� ,-Y•r'', . - moi. r MSA *ONSULTIN INC. r` CITY OF LA QUINTA QIVILLNC NLLL�� !! �LANO5'uPvL4iNc 0 ti�r� 400 PRELIMINARY SITE SUITABILITY ANALYSIS L IFT OLD TOWN LA QUINTA VICINITY CITY COUNCIL MEETING - NOVEMBER 21, 2023 - WRITTEN PUBLIC COMMENTS FROM MAYER CORP (VAUGHN, ESQ. SZR LAW) PUBLIC HEARING ITEM NO. 2 - LA QUINTA VILLAGE APARTMENTS - OPPOSED TO GENERAL PLAN AMENDMENT/PARCEL SWITCH From: James Vaughn <JVaughn@szrlaw.com> Sent: Tuesday, November 21, 2023 11:14 AM To: Council; City Clerk Mail Cc: 'Ihrke, Bill'; Jon McMillen; Cheri Flores; 'RJ Mayer'; 'Tom Weigel'; Erika Crempa Subject: RE: November 21, 2023 City Council Meeting - Public Hearing Agenda Item No. 2 - Objection to Proposed GPA No. 2022-0002 for La Quinta Village Apartments Attachments: Letter to City Council 11-20-23.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. Dear Mayor Evans and Honorable City Councilmembers: I noticed that the exhibits attached to the letter I sent yesterday were copied in black and white, and may have been difficult to read. In addition, three unrelated pages were inadvertently attached to the back of the document. Please replace the letter I sent yesterday with the attached version, which has better quality, color copies of the exhibits. Thanks, --Jim James D. Vaughn, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP jvaughnkszrlaw.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: James Vaughn Sent: Monday, November 20, 2023 5:48 PM To: council@laquintaca.gov; cityclerkmail@laquintaca.gov Cc: Ihrke, Bill <bihrke@rutan.com>; Jon McMillen <jmcmillen@laquintaca.gov>; Cheri Flores <clflores@laquintaca.gov>; RJ Mayer <rj@mayercorp.com>; Tom Weigel <tom@mayercorp.com>; Erika Crempa <ecrempa@szrlaw.com> Subject: RE: November 7, 2023 City Council Meeting - Public Hearing Agenda Item No. 1 - Objection to Proposed GPA No. 2022-0002 for La Quinta Village Apartments Dear Mayor Evans and Honorable City Councilmembers: Please see the attached correspondence objecting to the above -referenced General Plan Amendment proposal as recommended in the Staff Report. We have located an ideal property located just north of the Mayer Property with an existing General Plan designation of MHDR, and it appears to be owned by an affordable housing builder. We request that you include this property on the Housing Element Site Inventory instead of the Mayer Property. Please include this letter in the record of proceedings for this matter. Best regards, James D. Vaughn, Esq. Stowell, Zeflenga, Ruth, Vaughn & Treiger LLP jvaughn(&szrlaw.com 1 www.szrlaw.com Office: 805.446.1496 1 Direct: 805.446.76091 Mobile 805.551.0688 4695 MacArthur Court Suite 200 Newport Beach, CA 92660 From: James Vaughn 4590 East Thousand Oaks Blvd. Suite 100 Westlake Village, California 91362 Sent: Monday, November 6, 2023 8:58 AM To: council@laquintaca.gov; cityclerkmail@laquintaca.gov Cc: Ihrke, Bill <bihrke@rutan.com>; Jon McMillen <imcmillen @laguintaca.gov>; Cheri Flores <clflores@lag uintaca.gov>; RJ Mayer <rl@mayercorp.com>; Tom Weigel <tom@mayercorp.com>; Erika Crempa <ecrempa@szrlaw.com> Subject: November 7, 2023 City Council Meeting - Public Hearing Agenda Item No. 1 - Objection to Proposed GPA No. 2022-0002 for La Quinta Village Apartments Dear Mayor Evans and Honorable City Councilmembers: Please see the attached correspondence objecting to the above -referenced General Plan Amendment proposal to revise the recently approved Housing Element and move a 280 -unit affordable housing designation for very low- and low- income categories from the La Quinta Village Apartments site to the 25 -acre commercial property owned by the Mayer Corporation at the northeast corner of Washington Street and Fred Waring Drive. Please include this letter in the record of proceedings for this matter. Best regards, James D. Vaughn, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiiger LLP jvaughnkszrlaw.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 November 20, 2023 Via Email Only (council@laquintaca.gov laquintaca.gov and cityclerkmail@laquintaca.gov) Mayor Evans and City Councilmembers c/o City of La Quinta City Clerk 78-495 Calle Tampico La Quinta, CA 92253 Re: Objection to Proposed General Plan Amendment 2022-0002 (La Quinta Village Apartments) Dear Mayor Evans and Honorable Councilmembers: As you know, we represent the Mayer Corporation ("Mayer"'), owner of the undeveloped real property located at the northeast corner of Washington Street and hied Waring Drive (the "Mayer Property"). This Ietter shall serve as Mayer's further, written objection to the application of Irwin Partners C Applicant") for the above -referenced General Plan Amendment (the "GPA Request") to revise the City's recently adopted and HCD-approvers Housing Element for the planning period 2022-2029 (the "Housing Element"). Specifically, Mayer objects to the proposal to add the Mayer Property to the Housing Element's Vacant Land Inventory (the "Site Inventory") because there are ample alternative sites that are better suited for successful affordable housing projects. At the City Council hearing on November 7, 2423, you directed City Staff to identify alternative sites to the Mayer Property that could be added to the Housing Element Vacant Land Inventory to accommodate the 280 very low- and low-income affordable housing units currently designated on the Applicant's property. As part of that direction, Mayor Evans identified two properties that could accommodate 244 of the 280 affordable units, leaving the need for one or more sites to accommodate the remaining; 36 units. DAVID C. RUTH 1954•:018 STOWELL, ZEILENGA. RUTH, VAUGHN & TREIGER LLP AAV I D rr. s row E L L ]AhtLS U. VAUC:HN ATTORNEYS AT LAW AVAM K. TAEIGER LOS ANGELES j VENTURA omcE ORANGE COUNTY OFFICE 4590 E. TI-IOUSANU OAKS BLVD. 4695 MACARTHUR COURT ❑F GUUNSIzI. SUITE 100 SUITE 200 R[CHARD S. LE11.F_NC:A WESTLAKE VILLAGE, CA 9T062 NEWPORT BEACH, CR 926613 AVNF.ET S1IDHEI STFPF1ANIE SMITH TEL: 18051 446.1496 • FAM; 0351 446-14a0 www_5zrlaw.com November 20, 2023 Via Email Only (council@laquintaca.gov laquintaca.gov and cityclerkmail@laquintaca.gov) Mayor Evans and City Councilmembers c/o City of La Quinta City Clerk 78-495 Calle Tampico La Quinta, CA 92253 Re: Objection to Proposed General Plan Amendment 2022-0002 (La Quinta Village Apartments) Dear Mayor Evans and Honorable Councilmembers: As you know, we represent the Mayer Corporation ("Mayer"'), owner of the undeveloped real property located at the northeast corner of Washington Street and hied Waring Drive (the "Mayer Property"). This Ietter shall serve as Mayer's further, written objection to the application of Irwin Partners C Applicant") for the above -referenced General Plan Amendment (the "GPA Request") to revise the City's recently adopted and HCD-approvers Housing Element for the planning period 2022-2029 (the "Housing Element"). Specifically, Mayer objects to the proposal to add the Mayer Property to the Housing Element's Vacant Land Inventory (the "Site Inventory") because there are ample alternative sites that are better suited for successful affordable housing projects. At the City Council hearing on November 7, 2423, you directed City Staff to identify alternative sites to the Mayer Property that could be added to the Housing Element Vacant Land Inventory to accommodate the 280 very low- and low-income affordable housing units currently designated on the Applicant's property. As part of that direction, Mayor Evans identified two properties that could accommodate 244 of the 280 affordable units, leaving the need for one or more sites to accommodate the remaining; 36 units. DAVID C. RUTH 1954•:018 Mayor Evans and City Councilmembers November 20, 2023 Page 2 At the Planning Commission meeting on November 14, 2023, City Staff did not identify any additional sites within the City that could accommodate the remaining 36 affordable units. Instead, City Staff recommended that the Mayer Property be added to the Site Inventory as Site No. 6 and be designated for a total of 120 very low- and low- income affordable housing units. At the Planning Commission meeting, we reiterated Mayer's objection to adding the Mayer Property to the Site Inventory. The Mayer Property has been long -designated in the City's General Plan for commercial development that will generate significant tax revenue for the City's General Fund. Approving the Applicant's GPA Request as currently recommended in the Staff Report would encumber the Mayer Property with the requirement to accommodate 120 affordable housing units, even though only 36 additional units are required to comply with the "no net loss" requirements of the applicable State Housing Laws. At the November 14, 2023 meeting, we also notified the Planning Commission that we were conducting an independent review of vacant properties and that we hoped to have one or more alternative sites for the remaining 3 6 units identified prior to the City Council meeting on November 21, 2023. The Darby Road Properly Our review of vacant land in the City of La Quinta with a General Plan Land Use designation of Medium High Density Residential (MHDR) revealed a truly ideal site for the remaining 36 very low- and low-income affordable housing units needed to comply with the "no net loss" requirements. The 4.78 -acre property (APN 609-051-002) located at 75220 Darby Road (the "Darby Road Property") is located very close to schools, as well as the public transit routes, retail stores and other commercial amenities along Washington Street. In fact, the Darby Road Property is located in the "Highest Resource" area shown on the City's map of TCAC Opportunity Areas (Table II --14 of the Housing Element), which reflects the site's rating for affordable housing opportunities by the California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC). The "Highest Resource" designation means that the Darby Road Property is extremely well suited to receive tax credit financing for an affordable housing project. At 4.78 acres, the site is also the ideal size to receive tax credit financing through the very competitive TCAC award process. Based on our review of public records, it appears that the Darby Road Property is owned by UHC Communities or an affiliated entity. As shown in the Property Details Report attached as Exhibit A, the Darby Road Property is owned by UHC 00034 LQ Quinta, with a mailing address of 2000 E. 4"' Street, Suite 205, Santa Ana, CA 92705. We believe this is the same affordable housing developer who recently applied for a 64 - unit affordable housing project on the undeveloped property at the southeast corner of Washington St. and Avenue 50. Accordingly, not only is the Darby Road Property objectively ideal for an affordable housing project, but it is likely to actually be developed with an affordable housing project because it is owned by an affordable housing builder (see UHC Communities website at http:llfwww.uhcllc.net). The Riverside County Parcel Report for the Darby Road Property, attached as Exhibit B, Mayor Evans and City Councilmernbers Navernber 2o, 2023 Page 3 further confirms that the property is located within the City of La Quirita and has no identified constraints that would prevent the site's successful development as an affordable housing project. Based on the foregoing, Mayer requests that the City Council add the Darby Road Property to the Site Inventory as Site No, 6, replacing the Staff proposal to include a portion of the Mayer Property on the Site Inventory as Site No. 6, The City Council Can Approve the GPA Request Without Further Planning Commission Review. At the November 7, 2023 City Council hearing, the City Council remanded the GPA Request back to the Planning Commission to consider the alternative sites identified by Staff to accommodate the 280 affordable housing units, including the two sites identified by Mayor Evans (referenced in the Staff Report as Sites 4 and 5). This remand was made at the direction of the City Attorney out of an abundance of caution to ensure compliance with all applicable requirements of California's land use planning laws. Mayer's request that the City Council replace the Mayer Property with the Darby Road Property as Site No. 6 in the Housing Element Site Inventory is a relatively minor adjustment to the GPA Request, as 244 of the 280 affordable housing units are being accommodated on Site 4 and Site 5, which were reviewed and approved by the Planning Commission on November 14, 2023. Moreover, there is no statutory requirement that the Planning Commission review or approve any particular sites included on the Site Inventory. Under Government Code §§65300 et seq., it is the City Council as the legislative body of the City who has ultimate responsibility for adopting and amending the General Plan, including the Housing Element Site Inventory required under Section 55583. Therefore, there is no procedural obstacle or other legal requirement that would prevent the City Council from approving the GPA Request (and Applicant's proposed La Quinta Village Apartments project), but with the proposed Housing Element Site Inventory modified to include the Darby Road Property as the new Site 6, instead of the Mayer Property. The Mayer Property its Ideally Situated For Commercial Uses That Will Generate Substantial Tax Revenue for the City. The Mayer Property has been zoned and designated in the City's General Plan for Community Commercial/General Commercial development for decades and was acquired by Mayer approximately 17 years ago for that purpose. The Mayer Property is located at the busiest intersection in the City outside of Highway 111 and is across Washington Street from the Indian Wells Tennis Garden complex. This location makes the Mayer Property an ideal site for restaurant, hospitality and other commercial uses that will provide substantial tax revenues to help ensure the long-term financial health of the City. Mayor Evans and City Councilmembers November 20, 2023 Page 4 Adding any portion of Mayer Property to the revised Site Inventory and designating it for affordable housing units will make it much more difficult to attract the necessary anchors to successfully develop the Mayer Property with tax -generating uses that benefit the City and its residents. The proposed 120 -unit designation would consume approximately twenty-five percent (25%) of the Mayer Property and would hinder the comprehensive master planning of the entire 25 -acre property for the optimal combination of uses. Given the challenges in attracting financing and tenants for hospitality and other retail projects under current market conditions, encumbering the Mayer Property with an affordable housing designation will create a major obstacle to successfully developing the Mayer Property. Sacrificing the immense transient occupancy and sales tax generating potential of the Mayer Property is simply not in the City's best interests, and particularly not when there are other sites readily available that adequately accommodate the relocation of the designation for 2$4 very low- and low- income units (proposed Sites 4 and 5 listed in the Staff Report and the Darby Road Property). Conclusion. We request that the City add the Darby Road Property as Site No. 6 on the Housing Element Site Inventory, instead of the Mayer Property, and approve the GPA Request with that modification. This approach will allow Applicant's La Quinta Village Apartments project to proceed without sacrificing the tax -revenue generating potential of the Mayer Property. Very ly you James D. Va , Esq. JDVIec cc: Bill Ihrke, Esq. Jon McMillen Cheri Flores RJ Mayer Tom Weigel •* r COMMERCIALPRO247 r-, I Subject Property Location Property Address 78220 DARBY RD Sale Date City, State & Zip BERMUDA DUNES, CA 92203-9755 ()4/17/2003 County RIVERSIDE COUNTY Property Use Mailing Address 2000 E 4TH ST STE 205, SANTA ANA, CA 92705-3407 Parcel Number Census Tract 0452.14 Latitude Thomas Bros Pg -Grid 2 Longitude Report Date: 11/17/2023 Order ID: R132137873 Vacant Land (General) 609-051-002 33.735461 -116.296923 Legal Description Details Lot Number: 1 Clty, Municipality, Township: LA QUINTA Brier Description: 4.78 ACRES IN PAR 1 RS 015/032 Primary Owner hlame(s) UHC 00034 LQ QUINTA Vesting Primary Owner Name(s) HAYCOCK, ROBERT Vesting Financing Details at Time of Purchase Sale Price $300,000 Sale Date 03/20/2003 Recording Date ()4/17/2003 Recorder Doc # 2003-272573 Book/Page Seller take -back Loan Amount $250,000 Origination Lender Name CASEY SORENSON 1 Stories/Floors Construction Type No. of Units Loan Type Seller take -back Recording Doc # 2003-272574 Loan Amount $150,000 Origination Lender Name CASEY SORENSON 2 Vacant Land (General) MsiOk t Land Vil Loan Type Commercial Loan Recording Doc # 2003-276123 Bedrooms Year Built Bathrooms/ Partial Garage/Nn, of Cars Total Rooms Stories/Floors Construction Type No. of Units Exterior Walls No. of Buildings Roof Material/Type Basement Type/Area Foundation Type Style Property Type Vacant Land View Land Use Vacant Land (General) ` Assessment Year 2023 Tax Year C� Total Assessed Value $2,475,511 Tax Amount CASEY SORENSON Land Value $2,475,511 Tax Account ID $25D,000 Improvement Value Tax Status j Improvement Ratio Delinquent Tax Year Tn1:jt Vaiue MsiOk t Land Vil Trans. ID Recording Date 1 09/29/2006 2 04/1812003 3 04/17/20D3 Lender Amount PACIFIC WESTERN $550,000 NATIONAL BANK CASEY SORENSON $150,000 CASEY SORENSON $25D,000 NO2 Living Area (SF) Price ($/SF) Lot Size (SF/AC) Fireplace Pool Heat Type A/C Elevator Zoning 2023 Tax Exemption $30,314.40 Tax Rate Area 6D9051002 No Delinquency Found P4.11 t-i Inli�ruvrcnlrpit Markel Value Ncar 0 208,217/4.78 Purchase Money NO NO YES Subject Property Location Report Date: 1111712023 Property Address 78220 DARBY RP Order ID; R132137874 City, State & Zip BERMUDA DUNES, CA 92203-9755 County: RIVERSIDE No comparable sales found for subject property with selected filter criteria. Page 4 Subject Property Location Report Date: 11!17/2023 Property Address 78220 DARBY RD Order ID: R132137875 City, State & Zip BERMUDA DUNES, CA 92203-9755 County RIVERSIDE COUNTY Property Use Vacant Land (General) Mailing Address 2000 E 4TH ST STE 205, SANTA ANA, CA 92705-3907 Parcel Number 609-051-002 Foreclosure Activity f Mortgage Release fTransaction ID Loan Amount Effective Date l Sor rowers} Transferred Trans Recording Document Document Sale Price / Document Buyer Transfer Date ID Date Type Description Loan Amount Number Borrower Seller 1 12/02/2008 Release Release of Mortgage $550,000 2008-0534349 ROBERT MAYCOCK Recording Date 2 11!07/2008 Decd Quit Claim Deed (non -arm's length) HAYCOCK, ADELINA C 2008-0594442 UHC 00034 LA QUINTA LP HAYCOCK, ADELINA C 3 11/07/2008 Deed Grant Deed 2008-0594441 UHC 00034 LA QUINTA LP MAYCOCK, ROBERT C 4 09/29/2006 Mortgage Commercial Loan $550,000 2006.0722979 MAYCOCK, ROBERT 5 09/29/2005 Release Release Of Mortgage $250,000 2006-0722978 ROBERT MAYCOCK 6 04/18/20D3 Mortgage Commercial Loan $150,000 2003-276123 MAYCOCK, ROBERT 7 04/17/2003 Mortgage Seller take -back $250,000 2003-272574 MAYCOCK,ROBERT { 8 04/17/2003 Deed Grant Deed $300,000 2003-272573 HAYCOCK, ROBERT SORENSENr CASEY 9 11/14/1997 Mortgage Commercial Loan $300,000 SORENSEN, CASEY 1D 11/14/1997 Deed Grant Deed $275,000 418554 SORENSEN, CASEY WOLFS WILLIAM A 8 GERIANNE M 11 11/14/1997 Mortgage— — Commercial Loan— $75,000 — — 1997-0418564 SORENSEN, CASEY, WOLFS, GERIANNE `— Foreclosure Activity f Mortgage Release fTransaction ID Loan Amount Effective Date l Sor rowers} Transferred Name Document Type Current Lender Transfer Release Transaction ID 2006-4722979 Transfer Date Sale Price Recorder Book/Page Buyer 1 Buyer 2 Seller 1 Seller 2 Mortgage Assignment Mortgage Release 1 Recorder Doc 2008-0634349 Loan Amount $550,000 Number Number Transferred 10/30/2008 Document Type Deed Document Type Release Origination Doc 2006-4722979 Multiple APNs on Description (nun -arm's length) Deed ROBERT MAYCOCK Document Release of Mortgage Origination 09129/2006 Buyer 1 Entity Description Buyer Vesting Recording Date fff PACIFIC WESTERN BANK, Recording Date 12/02/2098 Original Lender PACIFIC WESTERN BANK AS PRESENT TRUSTEE HAYCOCK, ADELINA C Seller 1 Entity Married Woman Seller Mailing Address Page 5 Non Arms -Length Transfer Recorder Doc Partial Interest 2 Number 2008-0594442 Transferred 10/30/2008 Document Type Deed Type of Transaction Document Quit Claim Deed Multiple APNs on Description (nun -arm's length) Deed Recording Date 11/07/2008 Property Use UHC 00034 LA QUINTA LP Buyer 1 Entity Partnership Buyer Vesting Buyer 2 Entity Buyer MailingAddress HAYCOCK, ADELINA C Seller 1 Entity Married Woman Seller Mailing Address Seller 2 Entity Legal City/ Muni/ Township Page 5 Non Arms -Length Transfer Legal Recorder's Legal Map Ref subdivision Legal Brief Description/ Unit/ Phase/ Tract Transfer Transaction ID 3 Recorder Doc 2008-0594441 Number Sale Date 10/30/2008 Document Type Deed Sale Price Document Grant Deed Description Recorder Book/Page Recording Date 11/07/2008 Buyer 1 UHC 00034 LA QUINTA LP Buyer i Entity Partnership Buyer 2 Buyer 2 Entity Seller 1 MAYCOCK, ROBERT C Seller I Entity Married Man Seller 2 Legal Recorder's Map Ref Legal Brief Description/ Unit/ Phase/ Tract Mortgage Transaction ID 4 Mortgage Date 09/27/2006 Loan Amount $550,000 Loan Type Commercial Loan Origination PACIFIC WESTERN Lender Name NATIONAL BANK Origination Not Known Lender Type ESQ., TRUSTEE Type Financing 09/29/2006 Borrower 1 MAYCOCK, ROBERT Borrower 2 Additional Borrowers Vesting Mortgage Release 0 Transaction ID s Effective Date 2006-0722979 Borrower{s} Name ROBERT MAYCO CK Current Lender LANTSON E. ELDRED, Description ESQ., TRUSTEE Mortgage 09/29/2006 Transaction ID b Mortgage Date 04/10/2003 Loan Amount $150,000 Loan Type C4mmerdal Loan Origination CASEY SORENSON Lender Name Origination Private Party Lender Type Seller 2 Entity Legal Subdivision Recorder Doc 2006-0722979 Number Document Type Mortgage Document Commercial Loan Description Commercial Loan Recording Date 09/29/2006 Origination Interest Rate First Rate Change Date Maturity Date Balloon Rider Fixed/Step Rate Rider Adj Rate Rider Recorder Doc 2006-0722978 Number Document Type Release i]ocument Release of Mortgage. Description Recording Date 09/29/2006 Recorder Doc 2003-2761.23 Number Document Type Mortgage Document Commercial Loan Description Recording Date 04/18/2003 Origination Interest Rate First Rate Change Date page 6 Legal Section/ SW4 S18TOSSR07E SBB&M Twn/ Rrig/ Mer Title Company FIRST AMERICAN TITLE Name Partial Interest Transferred Type of Lyon Residential Transfer Transaction Multiple APNs on Deed Property Use Buyer Vesting Buyer Mailing Address Seller Mailing Address Legal City/ Muni/ Township Legal Section/ SW4 S18705SR07E SHB&M Twn/ Rng/ Mer Title Company FIRST AMERICAN TITLE Name Recorder Book/Page Rate Change Freq 1st Periodic Floor Rate 1st Periodic Cap Rate Lifetime Cap Rate Changelndex IO Period Prepayment Penalty Rider Prepayment Penalty Term Adj Rate Index Loan Amount $250,000 Origination Doc 2003-272574 Origination 0411712003 Recording Date Original Lender CASEY SORENSON Recorder Book/Page Rate Change Freq 1st Periodic Floor Rate 1st Periodic Cap Rate Lifetime Cap Rate Change Index Type Financing Maturity Date Ip Period Borrower 1 awfAYCOCK, ROBERT Balloon Rider Prepayment penalty Rider Borrower 2 Fixed/Step Rate Prepayment Rider penalty Term Additional Borrowers Adj Rate Rider Adj Rate Index Vesting Mortgage Transaction ID Recorder Doc Number 2403 277574 Recorder Book/Page Mortgage Date Document Type MaTtgage Rate Change Freq Loan Amount $250,000 Document Seller take -back 1st Periodic Description Floor Rate Loan Type Seller take -back Recording Date 04/17/2003 Ist Periodic Cap Rate Origination CASEY SORENSON Origination Lifetime Cap Lender Name Interest Rate Rate Origination First Rate Lender Type Seller Change date Change Index Type Financing !Maturity Date iO Period Borrower 1 hiAYCO( lt, RQ3i RT Balloon Rider Prepayment penalty Rider Borrower 2 Fixed/Step Rate Prepayment Rider Penalty Term Additional Borrowers Adj Rate Rider Adj Rate Index Vesting Transfer Transaction ID B Recorder Doc 2003-272 573 Partial Interest Number Transferred Sale Date 03/20/2043 Document Type Deed Type of Arms -Length Transfer Transaction Sale Price $340,000 Document Grant peed Multiple APNs on Description Deed Recorder Book/Page Recording Date 44i 1712003 Property Use Buyer 1 MAYCOCK, ROBERT Buyer 1 Entity Single man Buyer Vesting Buyer Mailing 76850 DARBY RD, Buyer 2 Buyer 2 Entity Address RMUDA DUNES, C E}FA 92203-9245 Seller 1 SgRENSEN, CASEY Seller 1 Entity Single man Seller Mailing Address Seller 2 Seller 2 Entity Legal city/ UNINCORPORATED Muni/ Township Legal Recorder's RS15 PG32 Legal Legal Section/ FOR SW4 S19T05SR07E Map Ref Subdivision Twn/ Rng/ Mer SBB&M Legal Brief Description/ Unit/ Phase/ Title Company STEWART TITLE OF CA INC Tract Name Mortgage Recorder Doc Recorder Transaction ID + r !Y. 9 Number Book/Page Mortgage Date (document Type Mortgage Rate Change Freq Loan Amount $341),000 Document Commercial Loan Ist Periodic Description Floor Rate Ist Periodic Cap Loan Type Commercial Loan Recording Date 11/14/1997 Rate Origination Origination Lifetime Cap Lender Mame I ELIZABETH 5 SIMON Interest Rate Rate Origination private Party First Rate Change index Lender Type Change Date Type Financing Maturity Date IU Period Borrower 1 SORENSEN, CASEY Balloon Rider Prepayment Penalty Rider P'ge I Borrower 2 Fixed/Step Rate Prepayment Rider Penalty Term Additional Borrowers Adj Rate Rider Adj Rate Index Vesting Transfer Transaction ID 10 Recorder Doc 418554 Partial Interest Number Transferred Sale Date 10/10/1997 Document Type Deed Type of Non Residential Transfer Transaction Sale Price $275,000 Document Grant Deed Multiple APNs. on Description Deed Book/Page B Book/ Recording Date 11/14/1997 Property Use Buyer Z SORENSEN, CASEY Buyer I Entity Single man Buyer Vesting Buyer Mailing ISH AY, KAVELLS, Buyer ZBuyer 2 Entity Address INDIAN W CA 92210.7345 Seller 1 WOLFS WILLIAM A & Seller 1 Entity Seller is owner on current Seller Mailing GERIANNE M Assessment File Address Seller 2 Seller 2 Entity Legal City/ Muni/ Township Legal Recorder's Legal Legal Section/ Map Ref Subdivision Twin/ Rng/ Mer Legal Brief Description/ Unit/ Phase/ Title Company OLD REPUBLIC TITLE Tract 4.78 ACRES IN PAR 1 RS 0 1 510321 1 1 Name COMPANY Mortgage f/��'► Transaction ID .. Recorder Doc 1997-0418564 Recorder ■i"i� Number Book/Page jMortgage Date Document Type Mortgage Rate Change Freq Loan Amount $75,600 Document Commercial Loan 1st Periodic Description Floor Rate Loan Type Commercial Loan Recording Date 11/14/1997 1st Periodic Cap Rate Origination Origination Lifetime Gap Lender Name ELIZABETH B SlMON Interest Rate Rate Origination Private Party First Rate Change Index Lender Type Change Date Type Financing Maturity Date IO Period Borrower 1 SORENSEN, CASEY Balloon Rider Prepayment Penalty Rider Fixed/Step Rate Prepayment Borrower 2 WOLFS, GERIANNE Rider Penalty Term � Additional Adj Rate Rider Adj Rate: Index Borrowers Vestinig �w Subject Property Location Report Date: 11/17/2023 Property Address 78220 DARBY RD Order I0: R132137876 City, State & Zip BERMUDA DUNES, CA 92203-9755 County RIVERSIDE COUNTY Property Use vacant Land (General) Mailing Address 2000 E 4TH STSTE 205, SANTA ANA, CA 92705-3907 Parcel Number 509-051-002 Owner Name UHC 00034 LQ QUINTA A. .-.•fi,�•�r� � -r- I 24•. �i'.�r � �j � �•-•� f � � � R FYI 4 'K.W, • t Subject Page 9 wr , _- Page 9 • { f. ' TitlePr247 Nearby Neighbors Report Subject Property Location Report Date: 11/1712023 Property Address 78220 DARBY Rn Order ID! 8132137877 City, State & Zip BERMUDA DUNES, CA 92203-9755 County RIVERSIDE COUNTY Property Use Vacant Land (General) Mailing Address 2000 E $TF1 ST STE 205, SANTA ANA, CA 92705-3907 Parcel Number 6D9-051-002 Address 78220 DARBY RD, BERMUDA DUNES, CA 92203 APN 609-051.002 Owner UHC 00034 LQ QUINTA Lot Size (SFJAC) 208,21714.78 ` Bedrooms 0 Year Built Living Area (SF) 0 Bathrooms/ Partial Garage/No. of Cars Address 78260 DARBY RD, BERMUDA DUNES, CA 92203 APN 609-051-043 Owner UHC 00333 BERMUDA DUNES Lot Size (SF/AC) 20$,21714.78 Bedrooms 1 Year Built 195G Living Area {5F} 720 Bathrooms/ Partial 1.75 Garage/No. of Cars Address 43305 CROISETTE CT, LA QUINTA, CA 92253 APN 609-65D-019 Owner CARR WILLIAM; CARR ERICA Lot Size (SF/AC) 8,2761.19 Bedrooms 4 Year Built 2016 Living Area (SF) 2,697 Bathrooms/ Partial 3.25 Garage/No. of Cars Attached Garage/2 Address 43330 CROISETTE CT, LA QUINTA, CA 92253 APN 609-650-001 Owner HENNESSEY JAMES; HENNESSEY BONNIE Lot Size (SF/AC) 8,276119 Bedrooms 4 Year Built 2015 Living Area (SF) 2,697 Bathrooms/ Partial 3.25 Garage/ND. of Cars Attached Ga rage/2 Address 43335 CROISETTE CT, LA QUINTA, CA 92253 APN 604-650-018 Owner AMARO FAMILY TRUST (DATED 0611011997); AMARO MICHAEL Lot Size (SF/AC) 8,712/.2 Bedrooms 4 Year Built 2014 Living Area (SF) 2,697 Bath r 3.25 Garage/Na. of Cars Attachedoams/Partial Garage/2 Address 43360 CROISE17E CT, LA QUINTA, CA 92253 APN 609-650-002 Owner SANCHEZ ALEJANDRO; SANCHEZ ALMA BELIA Lot Size (SFJAC) 8,2761.19 Bedrooms 0 Year Built Living Area (5F) 0 , Bathrooms/Partial Garage/No. of Cars Address 43365 CROISETTE CT, LA QU1NTAr CA 42253 APN 509-650-017 Owner BAKER WILLIAM; BAKER MICHELE Lot Size (5F/AC) $,7121.2 Bedrooms 4 Year Built 2014 Living Area (SF) 2r737 Bathrooms/Partial 3.25 Garage/No. of Cars attached Garage/2 Page 10 Page 11 Address 78300 DARBY RD, BERMUDA DUNES, CA 92203 APN 609-051-004 Owner SALKIND SANDER; SALKIND PAULA K Lot Size (SF/AC) 104,10812.39 Bedrooms 3 Year Built 1968 Living Area (SF) 1,840 Bathrooms/Partial 1.75 Garage/No. of Cars Attached Garagel2 Address 43390 CROISETTE CT, IA QUINTA, CA 92253 APN (iD9-650.003 Owner TIAN JUN & RUOY1NG GU LIVING TRUST (DTD 9/6/2018); TIAN JUN Lot Size (SF/AC) 8,2761.19 Bedrooms 4 Year Built 2015 Living Area (SF) 2,419 Bathrooms/Partial 2.5 Garage/No. of Cars Attached Garage/2 Address 43395 CROISETTE CT, LA QUINTA, CA 92253 APN 609-650-016 Owner CARDENAS AUDEL; 80NNIN MARGARITA Lot Size (SF/AC) 8,712/.2 Bedrooms 4 Year Built 2015 Living Area (5F) 2,419 Bathrooms/ Partial 2.5 Garage/No, of Cars Attached Garage/2 Address 43420 CROISE17E CT, LA QUINTA, CA 92253 APN 609-650.004 .Owner GERMAN, JENNIFER; GERMAN, TREVOR Lot Size (SF/AC) 8,276/.19 Bedrooms 3 Year Built 2-015 Living Area (SF) 2,358 Bath rooms/ Partial 2.25 Garage/No. of Cars Attached Garagel3 Address 43425 CROISETTE C7 LA QUINTAr CA 92253 APN 609-650-015 Owner LAYMAN, KYLE; VALENZUELA, NASTASSIA Lot Size (SF/AC) 8,712/.2 Bedrooms 5 Year Built 2015 Living Area (5F) 2,697 Bathrooms/Partial 3.25 Garage/No. of Cars Attached Garage/2 Address 43100 PALM ROYALE DR, LA QUINTA, CA 92253 APN 609-051-010 Owner MEDITERRA LA QUINTA OWNER LLC, Lot Size (SF/AC) 616,374/14.15 Bedrooms 0 Year Built 2008 Living Area (SF) 10,827 Bathrooms/ Partial Garage/No. of Cars Address 7B315 DARBY RD, BERMUDA DUNES, CA 92203 APN 609-052-003 Owner RAMIREZ GERARDO A; RAMIREZ PATRICIA Lot Size (SF/AC) 83,63511.92 Bedrooms 2 Year Built 1953 Living Area (SF) 1,367 Bathrooms/Partial 1.75 Garage/No. of Cars Detached Garage/1 Address 43450 CROISETTE CT, LA QUINTA, CA 92253 APN 609-650-005 Owner DACHI:NHAUSEN PATRICIA M; GOODMAN RONJ SUSAN Lot Size (SF/AC) 8,2761.19 Bedrooms 4 Year Built 2015 Living Area (SF) 2,697 Bathrooms/ Partial 3.25 Garage/No. of Cars Attached Garage/2 Page 11 Address 43455 CROISETTE CT, LA QUINTA, CA 92253 Owner BELLINGER DUSTIN DEAN; BELLINGER JENNIFER M Bedrooms 4 Year Built Bathrooms/ Partial 2.5 Garage/No. of Cars Page 12 APN Lot Size (SF/AC) 2015 Living Area {SF} Attached Garage/3 509-650-014 8, 712 j.2 2,358 Subject Property Location Report bate: 11/17/2023 Property Address 78220 DARBY RL) Order ID: 8132137878 City, State & Zip BERMUDA DUNES, CA 92203-9755 County RIVERSIDE COUNTY Parcel Number 609-051-002 w C? d• o -i LLJ: - Y I N � �i ,r1 •u - wr rn �„ ___ _ o. I Y 31 I e 33tl15 NOLLMPH"M4 - .. Download the map in PDF (Download the map in TIFF ;THIS REPORT IS INTENDED FORUSE BY YOU AS AN END USER SOLELY FOR YOUR INTERNAL BUSINESS PURPOSES. YOU SHALL NOT RESELL, RELICENSE OR REDISTRIaUTE THIS REPORT, IN WHOLE OR IN PART. THE: USE OF THIS REPORT BY ANY PARTY OTHER THAN YOURSELF FOR ANY PURPOSE IS STRICTLY PROHIBITED. THIS REPORT IS PROVIDED ASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,ANY WARRANTIES OF MERCHANTABILITY, NON-INFRTNGEMENT, OR FTTNESS FOR A PARTICULAR PURPOSE. BLACK KNIGHT SMALL HAVE NO LIABILITY IH CONTRACT, TORT, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH TM15 REPORT. BLACk 1041GHT DOES NOT REPRESENT OR WARRANT THAT THE REPORT IS COMPLETE OR FREE FROM ERROR. VQU UNOFRSTANO AND ACKNOWLEDGE THAT THE AVAILABILITY, COMPLETENESS AND PORMAT OF THE DATA ELEMENTS MAY VARY SUBSTANTIANLLY FROM AREA•TO•AREA THE INFORMATION CONTAINED IN THIS REPORT 15 DERIVED FROM PUBLICLY AVAILABLE SOURCES FOR THE SUB]ECT PROPERTY OR COMPARABLE PROPERTIES LISTED ABOVE AND HAS NOT BEEN INDEPENDENT VERIFIED BY BLACK KNIGHT THROUGH ANY FORM OF'. INSPECTION OR REVIEW. THIS REPORT DOES NOT CONSTITUTE A14 APPRAISAL OF ANY KIND AND SHOULD NOT BE USED IN LIED OF AN INSPECTION OF A SUBIECT PROPERTY BY A LICENSED OR CERTIFIED APPRAISER. THIS REPORT CONTAINS NO REPRESENTATIONS, OPINIONS OR WARRANTIES REGARDING THE SUBIECT PROPERTY'S ACTUAL MARKETABILITY; C01401TION (STRUCTURAL OR OTHERWISE),. ENVIRONMENTAL, HAZARD OR FLOOD ZONE STATUS, AND ANY REFERENCE TO ENVIRONMENTAL, HAIARD OR FLOOD ZONE STATUS IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL BE INDEPENDENTLY VERIFIED BY THE ENV USER. THE INFORMATION CDNTAI HED HERE] N SHALL 740T BE LT I LITE D: (A) TO REVIEW OR ESTABLI511 A CLI NSUME R'S CREDIT AN DIOR INSURANCE ELIGI01 LITY OR FOR 0.14Y OTHER PURP05E THAT WOUCO CAUSE THE REPORT TO CONSTITUTE A "CONSUMER REPORT" UNDER THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1581 ET SM.; OR (B) IN CONNECTION WITH CERTI F[CATION OR ADTHEN T ICATION I0F REAL ESTATE OWNERSHIP AN EVOR REAL ES TATE. TRAM SACUO NS. ADDITIONAL TERMS AND CONDITIONS SHALL APPLY PURSUANT TO THE APPLICABLE AGREEMENT. Page 13 CONFIDENTIAL, PROPRIETARY AND/DR TRAVV MCRET, TM SM ct TRADEMARK (5) OF BLACK KNIGHT IP.HOLAING COMPANY LLC, OR AN AFFYLIATE, DO M0 BLACK KNIGHT TECHNOLOGIES, LLC. ALL RFGHTS RESERVEO- Page 14 Riverside County Parcel Report APN[sj:609051002 I DISCLAIMER Maps, permit information and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content {the source is often third party). accuracy, timellness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. -r. APN U09-051-002-9 Supervisorial District Boundaries for Districts 2, 4 and 5 vull be updated in January. 2023. Boundaries for Districts 1 and 3 will be updated in January, 2025, V MANUEL PEREZ DISTRICT 4 Previous APN Owner Name Address Mailing Address Legal Description . . ,."I- Iii. Lot Sine 609051002 TovunshiplRange NOT AVAILABLE ONLINE Elevation 609051002 2000 E 4TH ST STE 205 SAMA ANA CA 92705 609051002 Recorded $ooklPage; R5 15132 Subdivsion Name: Lol/Parcel: 1 Block: Tract Number - i Iii 609051002 Recorded lot size is 4.78 acres Thomas Bros. Map PagelGrid Indian Tribal Land City Boundary I I City Spheres of influence March Joint Powers Authority EXHIBIT B page 1 of 5 11/17/2023 2:1427 PIM T5SR7E SEC 18 NW 116 ft PAGE: 819, GRID: F6 NOT IN A TRIBAL LAND LA QUINTA NOT INA CITY SPHERE NOT IN THE JURISDICTION OF THE MARCH JOINT POWERS AUTHORITY Property 609051002 County Service Area NOT IN A COUNTY SERVICE AREA Characteristcs Year Constructed: General Plan Policy Areas Baths: Habitat Conservation Pian) Conservation Area Bedrooms: Zoning Classifications (ORD. 348) Construction Type: Provision Areas Garage Type-- ype'Pro Zoning Overlays Proparty Area (sq ft): Enviromental Justice Communities Roof Type: Species Habhat Conservation Plan) Plan Area Stories: Pool, NO Central Cool; NO Central Heat: NO Annexation Elate 2006-136-4 LAFCO Case 2046-136-4 03/30/2007 03/30/2007 Proposals VA Specific Plans NOT INA SPECIFIC PLAN Historic Preservation Districts NOT IN A HISTORIC PRESERVATION DISTRICT Land Use Designations CITY Agricultural Preserve NOT IN AN AGRICULTRAL PRESERVE General Plan Policy Cverlays NA Area Plan (RCIP) Western Coachella Valley General Plan Policy Areas NOT IN A GENERAL_ PLAN POLICY Habitat Conservation Pian) Conservation Area AREA Zoning Classifications (ORD. 348) CHECK WITH THE CITY FOR MORE Provision Areas INFORMATION Zoning Overlays BERMUDA DUNES Enviromental Justice Communities NOT IN AN ENVIRONMENTAL JUSTICE Species Habhat Conservation Plan) Plan Area COMMUNITY Residential Permit Stats NIA Airport Influence Areas BERMUDA DUNES Airport Comp0bky Zones BERMUDA DUNES, ZONE E Zoning Districts and Zonipg Areas BERMUDA DUNES DIST Community Advisory Councils BERMUDA DUNES CC CVMSHCP (Coachella Valley M«Ib-Species COACHELLA VALLEY Habitat Conservation Plan) Plan Area NUMBER CVMSHCP (Coachella Valley Multi -Species NOT COACHELLA VALLEY Habitat Conservation Pian) Conservation Area CONSERVATION AREA CVMSHCP Fluvial Sand Transport Special NOT IN A FLUVIAL SAND Provision Areas TRANSPORT SPECIAL PROVISION AREA WRMSHCP (Western Riverside County Multi- NOT INA WESTERN RIVERSIDE Species Habhat Conservation Plan) Plan Area COUNTY PLAN FEE AREA WRMSHCP (Western Riverside County Multi- NOT IN A CELL Species Habitat Conservation Plan) Cell Group GROUP WRMSHCP Cell Number NOT IN A CELL NUMBER HANSIERP (Habitat Acquisition and Negotiation NOT INA Strategy/Expedited Review Process) HAWERP PROJECT Vegetation (2005) NOT INA VEGETATION AREA Fire Hazard Classification (Ord. 787) NOT INA FIRE HAZARD ZONE Fire Responsibility Area NOT IN A FIRE RESPONSIBILITY AREA CVMSHCP (Coachella Valley Multi -Species Habitat COACHELLA VALLEY RBBD (Road & Bridge Benefit NOT IN A ROAD BRIDGE Conservation Plan) Fee Area (Ord 875) District) BENEFIT DISTRICT WRMSHCP (Western Riverside County Multi -Species NOT IN A WESTERN RIVERSIDE OF (Development Impact Fee WESTERN COACHELLA Habitat Conservation Pian) Fee Area (Ord, 8t 0) COUNTY PLAN FEE AREA Area Ord. 659) VALLEY, AREA 2 pagc 2 of 5 11/17/2023 2:1627 PM Western TUMF (Transportation uniform Mitigation Fee Ord 824) Eastern TUMF (Transporlakion UnhfOTM i%tigation Fee Ord. 673) Circulation Element NOT INA CIRCULATION ELEMENT Ultimate RIGHT-OF-WAY Right -of -Way NOT IN THE WESTERN TUMF SKR Fee Area (StephenM TM's NOT IN THE 5KR F EE FEE AREA Kagaroo Rat Ord. 663.10) AREA IN OR PARTIALLY WITHIN A DA (Development Agreements) NOT IN A TUMF FEE AREA DEVELOPMENT Special Nates PLEASE REFER TO ORDINANCE 457.96 FOR COACHELLA VALLEY AGRICULTURAL GRADING EXEMPTIONS AGREEMENT Road Book Page 207E Transportation Agreements NOT IN A TRANS AGREEMENT CETAP (Community and Environmental Transportation NOT INA CETAP Acceptability Process) Corridors CORRIDOR Flood Plan Review OUTSIDE FLOODPLAIN, REVIEW NOT REQUIRED Watershed WHITEWATER Water District COACHELLA VALLEY WATER DISTRICT Flood Control District COACHELLA VALLEY WATER DISTRICT Fault Zone NOT IN A Paleontological LOW POTENTIAL (L): FOLLOWING A LITERATURE SEARCH RECORDS CHECK AND A FIELD FAULT ZONE Sensitivity SURVEY, ARF -AS MAY HE DETERMINED BY A QUALIFIED VERTEBRATE PALEONTOLOGIST AS HAV;NG LOW POTENTIAL FOR CONTAINING SIGNIFICANT PALEONTOLOGICAL RESOURCES Faults NOT IN A SUBJECT TO ADVERSE IMPACTS, FAULT LINE Liquefaction MODERATE Potential Subsidence SUSCEPTIBLE School District DESERT SANDS UNIFIED Communities BERMUDA DUNES Lighting (Ord. 655) ZONE: B Census Tract 452,14 Farmland UNIQUE FARMLAND URBAN -BUILT UP LAND Special Nates PLEASE REFER TO ORDINANCE 457.96 FOR COACHELLA VALLEY AGRICULTURAL GRADING EXEMPTIONS Tax Rate Areas 020125 - CITRUS PEST CONTROL 2 020125 - CITY OF LA QUINTA 020125 - CO FREE LIBRARY 020125 - CO STRUCTURE FIRE PROTECTION 020125 - COACHELLA VALLEY JOINT BLO HS 020125 - COACHELLA VALLEY PUBLIC CEMETERY 020125 - COACHELLA VALLEY REC & PK 020125 - COACHELLA VALLEY RESOURCE CONS 020125 - COACHELLA VALLEY WATER DISTRICT 020125 - CSA 152 020125 - CV MOSQUITO & VECTOR CONTROL 020125 - CVWD IMP DIST 1 DS 020125 - CVWD STORM WATER UNIT 020125 - DESERT COMMUNITY COLLEGE 020125 - DESERT SANDS UNIFIED SCHOOL 020125 - GENERAL 020125 - GENERAL PURPOSE 020125 - RIV CO REGIONAL PARK & OPEN SP page 3 of 5 111 t 712023 2;1637 PM 020125 - RIVERSIDE CO CFC OF EDUCATION Septic Permits Record Id Application Date Plan Check Approved Date Flnal Inspection Date NFA NIA IVA NIA Well Water Permits Record Id PE Permit Paid Date Permit Approved Date NA NIA NIA NIA Approved Date NIA Well Finaled Date NIA Administrative Cases Case Case Description Status NIA 9A NFA Building and Safety Cases Case Case Description Status 032492 20 AMP SVC TO CABLE T V FINAL 384816 GRADING - COMMERICAL ISSUED 397229 RENEWAL - GRADING -COMMERCIAL ISSUED BEL001176 IRRIGATION PEDESTAL FOR PUMP FINAL Code Cases Case Case Description Status NFA NFA NIA Fire Cases Case Case Description Status NFA NA NIA Planning Cases Case Case Description Status EXT00404 FIRST EXT, OF TIME TR 23961 FIRST EXTENSION FOR TR 23961 TO 1215192. NON -EA TR 23961, EXT APPROVED 757, LPH 91 609040005 EXT00757 SECOND EXTE=NSION OF TIME FOR PM 23961 SECOND EXTENSION FOR TR 23961 TO 1215193 NON- APPROVED EA TR 23961, EXT 404, UPH 91 EXT0109D 3RD EXT OF TIME FOR TR 23961 THIRD EXTENSION FOR TR 23961 TO 1215f96 TR 23961 APPROVED LLA05167 ADJUST THREE CONTIGOUS LOT LINES APPROVED TR23961 DIVIDE 15 ACRES INTO 40 LOTS EA 33675, VAR 1544 EXT 404, EXT 757, EXT 1090, UPH 91 APPROVED UPI U0091 PHASE TRACT UNIT PHASING OF TR 23961 NON -EA TR 23961, EXT 404, EXT 757 APPROVED SurveyCases Case Case Description Status MAP37140 ISSUED page 4 of 5 11117/2023 2:16'27 PM Transportation Cases Case Case Description State s 4A rM NVA pago 5 of 5 I if 1712023 2:16:27 PM Poemrding Requested By: Broad and Tank Farm investments, LLC NAME ADDRESS 2390-C Las Posas Road, M09 CITY Camarillo STATE & 2IP California 931710 APN: 053-421-003 Above Space for Recorders use only GRANT DEED THE UNDERSIGNED GRANTOR(S) IDECLARE (S) DOCUMENTARY TRANSFER TAX is $ O CITY TAX $ 0 m computed on full value of property conveyed or ❑ computed on full value of items or encumbrances remaining at time of sale, Li Unincorporated area o Goof _ � and FOR A FULL VALUABLE CONSIDERATION, remipt of which is hereby aftowledged, Nicholas Hughan, Trustee of the Nicholas Hughan Trust dated February 10, 2017, as to an undivided 12.5% interest, GRANT(s) to Broad and Tank Farm Investments, LLC the following described real property in the City of San Luis Obispo Countyof San Luis O#ispa State of California: See Sxhibit "A" attached Dated: Nicholas Hughan, Trustee A notary Public or other officer completing this certificate verities only the Identity of the individual who signed the document tc which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) COUNTY OF 1 SS On before me, a Notary Public, personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisltheirlher authorized capacity (les), and that by hislherAheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. SIGNATURE (SEAL) MAIL TAX STATEMENT TO ADDRESS AS SHOWN ABOVE" Reoordiltg Requested Syr Southern Camarillo E�rrterprlses, LLC ADDi EM 2390•C Las POsaS Road 4209 QTY camadflo STATE $ ZIP catifornia 93oi 0 APN: 053-421-003 Above Space for Recorder's Use Only GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ 0 CITY TAX $ 0 * computed on full value of property conveyed, or * computed on full value of items or encumbrances remaining at time of sale, © Unincorporated area o City of _--............... , and FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Matthew Hughan, Trustee of the Matthew Hughan Trust dated May 13, 2017, as to an undivided 12.5 ! ereby GRANT(s) to Southern Camarillo Enterprise, LLC the fallowing described real property in the City of San Luis Obispo County of San Luis Obispo State of C211fornia: See Exhibit °A" attached Dated; Matthew Hughan, Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA} COUNTY OF 1 SS On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helsiteJthey executed the same in hishheirlher authorized capacity (ion), and that by hislherltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE (SEAL) MAIL. TAX STATEMENT TO ADDRESS AS SHOWN ABOVE EXHIBIT "A" Legal Dcscriptivn APN: 053-421-003 TIME LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 82 AND 83 OF SAN LUIS OBISPO SUBURBAN TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED FEBRUARY 7, 1906 IN BOOK I PAGE 92 OF RECORD OF SURVEYS, SAN LUIS OBISPO COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA IN THE GRANT DEED RECORDED APRIL 21, 1975 IN BOOK 1828 PAGE 829 AS DOCUMENT NO. 11865 OF OFFICIAL RECORDS. CITY COUNCIL MEETING - NOVEMBER 21, 2023 - WRITTEN PUBLIC COMMENTS FROM RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - SPECIAL EVENT HELD ON OCTOBER 12, 2022 AT THE DUPONT ESTATE From: Claudia Snyder <highlandpalmsneighbors@gmail.com> Sent: Tuesday, November 21, 2023 9:42 AM To: City Clerk Mail Cc: Monika Radeva; Jon McMillen; stevenhdeleon@gmail.com; thomas.coulter@thedesertsun.com Subject: WRITTEN COMMENTS - SRE/ Mayoral Fundraiser on 10/12/2022 - The Highland Palms Neighbors of La Quinta Attachments: _Get Friends_ Video Transcript.docx 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. On October 12th of last year, Highland Palms neighbors were blindsided by an unpermitted Mayoral Fundraiser for which, as per the attached "Get Friends" video, Mayor Evans stated that she paid for the food. For the record, despite several requests for evidence, to date, we have nothing that shows that the event was permitted, despite Mayor Evans's assertions that It's a permitted event... "[the owner of the Dupont Estate] is following the rules" and we can prove that the event exceeded the 50 -person threshold that disqualifies it from being a "gathering of friends" as Mayor Evans simultaneously tried to argue (also in the "Get Friends" video). For the record, which was it, Mayor Evans? At this point, we are respectfully requesting evidence of Mayor Evans' assertion that she paid for the food at her Mayoral Fundraiser. Per our research, the event was catered by Steven De Leon of Den of Lions Catering (909-510-3811; stevenhdeleon@gmail.com (cc'ed); @denoflionsbbqandgrill). Finally, in a recent meeting with the City Manager and Councilmember Fitzpatrick, Ms. Fitzpatrick stated that Mayor Evans was having a "bad day" when she told neighbor and former reporter, Melissa Labayog, who questioned her in the "Get Friends" video, to try getting some friends. We understand that everyone- including the Mayor- has bad days and would like to ask the Mayor when Mrs. Labayog can expect to receive an apology for the documented insult. We look forward to a prompt reply. Claudia Snyder IHI Get Some Friends - Made with Clipchamp_16794377 E--1166192391563333095.jpg E-8749015299271790905.jpg Re Special Events Permits (for Residential Neighborhoods) Transcript from video ("Get Friends") shot in October 2022 by a concerned neighbor as she interviewed Mayor Evans as the latter arrived at an unannounced Mayoral Fundraiser at the DuPot Estate in the Highland Palms neighborhood of La Quinta. Neighbor: What are your thoughts on an event in a neighborhood that's not really built for it? Mayor: It's a permitted event. Neighbor: Huh? Mayor: It's a permitted event. She's following the rules. Neighbor: So, you think it's okay, though? I mean, would you like this next to you, Mayor? Mayor: I have gatherings at my house and my friends enjoy spending time with me. Neighbor: ... Every weekend?! I can't move, Mayor. I'm trapped next to a Pot Motel because of your policies. ... Okay... Alright, well, I guess you and [Councilmember] Pena are OK with large events in small neighborhoods, is what you're telling me. Is that correct? Mayor: It's a gathering of friends. Neighbor: OK Mayor: You should try getting some! Neighbor: I have plenty of friends, Mayor! HAND OUTS CITY COUNCIL MEETING NOVEMBER 21, 2023 CITY COUNCIL MEETING - NOVEMBER 21, 2023 - HAND-OUT BY DESIGN & DEVELOPMENT STAFF PUBLIC HEARING ITEM NO. 2 - REVISED EXHIBIT A TO RESOLUTION TO ADOPT GENERAL PLAN AMENDMENT 2022-0002 TO INCLUDE ALTERNATE SITE 6 (APN: 609-051-002 "MAYER CORPORATION" SITE) FOR AFFORDABLE HOUSING DESIGNATION Resolution No. 2023-039 - EXHIBIT A Adopted: November 21, 2023 Table II -i Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Very Low, Low and Moderate Income Sites 1 646-070-016 13.84 MHDR RMH (AHO) 20 28o 2* 770156007 0.23 VC VC 14 4 770156010 0.39 VC VC 14 5 77o181oog 0.36 VC VC 14 5 3 (City Owned) 773078005 0.11 MC/VC MC/VC 14 1 773078006 0.11 MC/VC MC/VC 14 1 773078007 0.11 MC/VC MC/VC 14 1 773078o16 0.12 MC/VC MC/VC 14 z 773078017 0.12 MC/VC MC/VC 14 2 773078034 1.11 MC/VC MC/VC 14 15 4 77004012 RMH 5 (City Owned 60003oo18 5.1 CR AHO 6** 6o9051002 4.78 MHI RM 7 604-032-042 1.88 MHDR RMH 12 22 8 (City Owned) 600-030-010 2.72 of 11.29 MHDR RMH 1g 5z 9 600-390-024 15.14 CG CP/CR 18 273 10* 60008000l 0.19 MHDR RM 10 2 600080002 0.19 MHDR RM 10 2 600080003 0.19 MHDR RM 10 2 600080004 0.19 MHDR RM 10 2 600080005 0.19 MHDR RM 10 2 600080006 0.19 RM 10 2 600080007 0.19 MHDR RM 10 2 600080008 0.19 MHDR RM 10 2 600080009 0.21 RM 10 2 600080041 2.4 MHDR RM 10 24 11 643-020-025 4.81 CG CR 26 126 12* 600340050 4.46 MHDR RM 8 36 600340051 13.01 MHDR RM 8 104 13 (City Owned) 600-020-057 6.42 CG CR 18 116 Total Very Low, Low and Moderate Income Sites 1;07-21,373 *Moderate income site **Site 6, listed above in this inventory of sites, is the "substitute" Site 6 considered and approved by the La Quinta City Council during its November 21, 2023, public hearing on General Plan Amendment 2022-0002 related to the La Quinta Village Apartments project; Applicant: Irwin Partners Architects Table II -t Vacant Land Inventory Map Key APN Acres Existing GP Existing Zoning Projected Density Projected Yield Above Moderate Income Sites Acres Existing GP Existing Zoning Projected Density Projected Yield 15 Various 40.76 LDR/OS-R RVL/PR 3 go 16 Various 37.43 LDR RL/PR 3 60 17 Various 29.56 LDR RL 3 94 18 Various 20.72 LDR RL 3 57 19 Various 33.07 LDR RL 3 85 20 Various 28.76 LDR RL 3 70 Total Above Moderate Sites 456 Total All Sites +,5-2-91,829 I FRMWAPJl t i MILElidVE_ i °i I I 1 47 i i I................. Uptlaled 47.27.2023 7■ 11 AL go ■5 13L ' i 12§[ �N !o �N is i� N � p52nd AVE. ........._._....�.. w m LL ' it 1 i� -o 54th AVE. 15� 2 i i ; i 2Q[h i i 16W 1g® i ...�.......,_.. �...,� 601h AVE. i ! i ! 17Q...... 82nd AVE. i .............I i Zoning 0$ cc CN Co - CP - CR - FP - GC - MC _ OS - PR - RC _ RH RL 0 RM RMH ROW RVL VC i + N 64th AVE. a ... MIles 0 0.5 1 2 • Millennium SARDA site, 240 units affordable to very low and low income households on to acres, under contract in 2021, at a density of 24 units per acre. Indio: • Arroyo Crossing 1 is currently under construction, and provides 184 units on 6.4 acres affordable to very low and low income households, at a density of 29 units per acre. • Arroyo Crossing 2, will provide 216 units affordable to very low and low income households on 7.3 acres, at a density of 30 units per acre. The project was approved in 2021. In the region, projects ranging in density from 17 to 29 units per acre are being funded and can be built to accommodate lower income households. Therefore, the densities for larger projects, ranging from 18 to 26 units per acre, can be achieved in La Quinta. In the past, the City has applied the Affordable Housing Overlay to specific inventory sites which were zoned for non-residential uses. This strategy is being modified (see Program 3.1.a) to apply to all inventory sites, and to increase the AHO density to 30 units per acre, even though, as demonstrates above, affordable housing projects in the region are being built at lower densities. The 30 unit per acre density will be the base on which density bonus provisions will be applied, as described in Program 3.1.a. Units built using the AHO must be affordable to lower income households, unless they are identified as moderate income sites in Table II -5o. As provided in Program 3.1.a, the AHO will allow three story construction (consistent with the existing High Density Residential Zone), and shall be analyzed to assure that development standards are sufficient to allow the 30 unit per acre density. Site z consists of three small lots in the Village, on Desert Club Drive. The three lots have been approved for 14 apartments which are to be affordable to moderate income households. The three lots may be merged by the owner, but can proceed as three lots without further City processes. The owner has been finalizing building plans and construction is expected in 2022. As shown in Table 111-49, market rental rates in the City are affordable to moderate income households. Therefore, these units have been included for moderate income households. Site 4 is approximately 7.5 acres and is within the Medium Density Residential (RM) zone which allows 4-8 units per acre. The city currently has a pending application for a l00% Very Low and Low Income 153 development made up of 64 units. Site 4 is located near transit, schools and commercial areas. Site 5 is approximately 5.1 acres and is located along the Highway 111 commercial corridor in the Regional Commercial (CR) zone. This zone allows for multifamily residential development and mixed use development. The Affordable Housing Overlay is on this site as well and allows a higher density for affordable projects. This is a City owned site and has been analyzed in a recently adopted Mitigated Negative Declaration for up to 18o units, resulting in 36 units per acre. Site 6 is approximately 4.78 acres and is within the Medium Density Residential (RM) zone which allows 4-8 units per acre. The site is owned by an affordable housing developer intending to develop affordable housing. An affordable housing project at this site will allow for a density bonus that would result in 57 units. Site 6 is within a "High Resource" area, close to the Washington Street Apartments, an affordable housing community, and adjacent to the east is vacant property pre -zoned as Residential High (RH) within the City's Sphere of Influence. The site's proximity to transit, schools and commercial areas makes it an ideal site. ** Three sites in Table II -5o are over to acres in size. Although the State does not believe that these sites can be developed for affordable housing, the Coachella Valley is experiencing development of lower income projects on larger sites, including two projects in Palm Desert described above. Nevertheless, in order to encourage the development of affordable projects on these sites, Program 3.l.a has been added, which provides incentives for subdivision of larger sites. It should also be noted that Site lo, which includes multiple small lots for 42 moderate income units, is an approved apartment project which is being constructed on land previously owned by the City, which was successfully sold to a private developer. The project is expected to be constructed in the next two years. The parcels previously were developed as single family homes, which the City bought to widen Jefferson Street. Upon completion of the widening, the lots were marketed to the private development community, and an apartment project was proposed in 2019, and approved in 2020 for the site. The City therefore has experience in the assembly of smaller lots for the successful development of housing. Finally, Sites 15 through 20 are provided to accommodate above moderate income households. These sites are all located in existing ** Site 6, described above, is the "substitute" Site 6 considered and approved by the La Quinta City Council during its November 21, 2023, public hearing on 154 General Plan Amendment 2022-0002 related to the La Quinta Village Apartments project; Applicant: Irwin Partners Architects POWER POINTS CITY COUNCIL MEETING NOVEMBER 21, 2023 City Council Regular Meeting November 21, 2023 OWL .. CALIF City Council Regular Meeting November 21, 2023 CLOSED SESSION IN PROGRESS v .S w �• • s � � :. y c (0 RM Pledge of Allegiance 11/22/2023 CAI -11 11/22/2023 ., November 21, 2023 TBANSl1' AGENCY 'y 8TH ANNUAL STUDENT ART CONTEST a W w 11 Ll 3 City Council Meeting November 21, 2023 P1 -Champions of Hospitality 2023 Award Recipients' Recognition i CAj City Council Meeting November 21, 2023 P2 - Riverside County Sheriff Department Employee Introductions h . MOW - I' City Council Meeting November 21, 2023 P3 - Riverside County Fire Department Employee Introductions h CA I.A.F6 IA i L (it CV Vawa CALIFORNIA City Council Meeting November 21, 2023 PH1 — Community Development Block Grant 2024-25 41 1.c u6RNtAWN I ' tl rr Community Development Block Grant 2024-25 F sOes AVAILABLE CENTER HOW PEPAM � L 1�} 3 Background • County of Riverside Economic Development Agency (EDA) CDBG Program — Federal Program overseen by HWS —Administered by County • City of La Quinta — Cooperating City under County CDBG — Participant since 1983 Program Overview • Annual process to allocate CDBG funds • Estimated 2024-2025 allocation - $193,210 • Public Services — 15% threshold • Public facilities and improvements — 85% Program Overview Who can be funded What can be funded • Non-profit organizations • Public facilities & • Local governments improvements • Public housing authorities • Special economic development activities • Affordable housing • Public services Public Service Applications • 1 application received • Maximum award - $28,981.50 • Boys and Girls Club, La Quinta Unit: Fee waiver/reduction program - $23,500.00* *City will request reallocation of $5,481.50 to Public Improvement Project Public Improvement Applications • La Quinta: — ADA improvements at City -owned facilities: $164,228.50 Questions? CAI-111ORNIA City Council Meeting November 21, 2023 PH2 — La Quinta Village Apartment Project EA2022-0001, GPA2022-0002, SP2022-00019 & SDP2022-0001 � �; �.����_ • {�kyyr ���;�t.:. is x. J.4ti. OfA Project Location November 21, 2023 PR Pl: 13 Council Hearing • August 1, Council asked applicant to make changes to the project including: — Change architectural style to Spanish Hacienda — Reduce buildings to two-story only — Remove garages on north side of site • Applications remanded to Planning Commission to review changes — October 10, Commission recommended approval Council Hearing • November 7, Council directed staff to add alternative sites to accommodate the 280 low- and very low-income units and meet the State - mandated "No Net Loss" requirements • Council remanded to the Planning Commission the consideration of adding alternative sites. Planning Commission • Staff identified two additional sites, Sites 4 and 5, and including Site 6, but with a reduced land area of 6 acres and number of units from 280 to 120. • November 14, Planning Commission recommended approval of additional sites, including Site 6. Additional Sites: 4, 5,and 6 Additional Sites • Site 4 — 7.5 acres, Medium Density Residential (RM) zone — Southeast corner of Ave 50 and Washington Street — Application for 100% affordable housing project of 64 very low and low income units filed with City and is under review. — Located near transit, schools, and commercial areas. Additional Sites Site 5 — 5.2 acres, City -Owned site, Hwy 111 commercial corridor, Regional Commercial (CR) zone. — Directly abutting the site to the north of future Chick fil-A and Quick Quack car wash. — Zone allows for multi -family residential and mixed use development; Affordable Housing Overlay — higher density. — Site 5 has been analyzed in a recently adopted CEQA document for the development of a 180 -unit affordable housing project. L4' r� Additional Sites • Site 6 — Staff recommends this site be added on the Housing Inventory — Reduced number of 120 very low and low income affordable housing units — 6 acres of the 12.74 acre site. Additional Sites • Site 6 - Alternate — 4.8 acres, Medium Density Residential (RM) zone — Owned by Affordable Housing Developer (UHC) — Density bonus allow for 57 units. — High Resource area. — Located near transit, schools, and commercial areas. nim e y y ��; Addition of Sites 4, 5, and 6 • Provides sufficient capacity in the Housing Inventory. • Project would be compliant with the State -mandated "No Net Loss" requirements. General Plan Amendment • If GPA approved, City would need to re- submit its Housing Element to HCD • Project is conditioned to not move forward with any construction until and unless HCD has approved the amended Housing Element CEQA�- • Mitigated Negative Declaration (MND) prepared • Department determined project would have less than significant effects, with mitigation • City received (11) comments during public review period —Traffic, biological, cultural resources comments —Mitigation measures address these Alternatives • Approve the General Plan Amendment to add sites, including Sites 4, 5, and 6 (6 acres and 120 units), and approve the project as recommended. • Direct staff to explore other alternate sites to meet the capacity for 280 low- and very low-income affordable housing units. • Deny the General Plan Amendment to add the sites as recommended. Denial of the General Plan Amendment would render the other applications moot. YZ L -- = CALIFORNIA - City Council Meeting November 21, 2023 S1 — Discuss Renaming the Community Services Commission to Community Services and Arts Commission �. CSL •� :, .� , Community Services Commission (CSC) • Five members appointed by Council • Purview: — Community Services Programs — Recreation Programs & Facilities — Park Amenities — Public Art Potential CSC Expansion • Community members have asked to form an Arts Commission focusing on public art • Staff proposes to rename the CSC to Community Services and Arts Commission and discuss possible expansion Community Services and Arts Commission • Require that Commissioners have experience in the arts or knowledge/interest in the arts • Commission will continue its current focus, with an increased emphasis in the arts CAL11IORNIA Y a