Agenda packet — La Quinta City Council, February 15, 2022 (part 3 of 4)

AFFORDABLE HOUSING DEVELOPERS
National Community Renaissance 9421 Haven Aven., Rancho Cucamonga, CA 91730 CA Tony Mize, VP-Acquisitions 909-727-2783 [email protected] Urban Housing Commuinties 2000 E. Fourth St., #205, Santa Ana, CA 92705 CA Mark Irving 714-835-3955 ext 114 [email protected] CITY LIST American Housing Partners, Inc. 4075 Prospect Ave., Suite 101 Yorba Llinda CA 92886 Robert Zamora, CPM 714-577-9644 [email protected] CITY LIST HGH Real Estate Partners, LLC 74-710 Highway 111, Suite 102 Palm Desert CA 92260 Howrd Gordon, President 760-565-2099 [email protected] Community Housing Opportunities Corporation 5030 Business Center Drive #260, Fairfield, CA 94534 CA Vince Nicholas
Joy Silver
Charles Liuzzo
Yegor Lyashenko
Minami Hachiya 707-759-6043
[email protected]
[email protected]
[email protected]
[email protected]
[email protected] www,chochousing.org
Pacific West 430 E. State Street, Ste 100, Eagle, ID 83616 CA Darren Berberian 949-599-6069 [email protected] www.tpchousing.com Habitat for Humanity 72680 Dinah Shore Dr., #6, Palm Desert, CA 92211 CA 760-969-6917 www.hfhcv.org RIVERSIDE COUNTY Neighborhood Partnership Housing Services 9551 Pittsburgh Avenue Rancho Cucamonga CA 91730 Jenny Ortiz (909) 988-5979 [email protected] RIVERSIDE COUNTY Habitat for Humanity for the Coachella Valley 72680 Dinah Shore Dr. #6 Palm Desert CA 92211 (760) 969-6917 [email protected]; [email protected] RIVERSIDE COUNTY Coachella Valley Association of Governments 73-710 Fred Waring Drive, Ste 200 Palm Desert CA 92260 Cheryll Dahlin (760) 346-1127 [email protected] RIVERSIDE COUNTY Lift to Rise 73-710 Fred Waring Drive, Suite 100 Palm Desert CA 92260 Araceli Palafox [email protected] [email protected]
[email protected]
DUPLICATE Lift To Rise 73-710 Fred Waring Dr. Suite 100, Palm Desert, CA 92260 CA 760-636-0420 www.lifttorise.org DUPLICATE Coachella Valley Housing Coalition 45701 Monroe St, Indio CA 92201 CA Maryann Ybarra 760-347-3157 [email protected] www.cvhc.org City RSVP List
484 Click Here to Return to Agenda
485 Click Here to Return to Agenda
Wednesday, January 6, 2021 at 10:19:57 Pacific Standard Time

Page 1 of 2 ends

Page 2 of 2 ends

487 Click Here to Return to Agenda
488 Click Here to Return to Agenda
1/11/21
Housing Workshop
Attendance Request List (RSVPs)
PublicZoom mtg info sent 1/8/21
Shaun Pittman [email protected]
Laura Distarce [email protected]
Marisol Rodarte [email protected]
Linda Williams [email protected]
Caryl Cummings, [email protected]
Jelena Tamm,
[email protected]
Howard Gordon,
[email protected]
Gretchen Gutierrez, DVBA
[email protected]
William L [email protected]
Dick Storbo [email protected]
Sherry Barkas, Desert Sun [email protected]
Zoom info sent 1/11/2020
Dave Thornton, Executive Director HFHCV
[email protected]
Maryann Ybarra CVHC (added by KC at TN)
[email protected]
[email protected]
[email protected]
[email protected]
Tony Mize, VP National Community Renaissance
[email protected]
Mayor Evans – tentative
John Pena – confirmed rsvp
Rubyd Olvera, Lift to Rise
[email protected]
Council/Commissions
Council:

Zoom info sent 1/8/21
Kathleen Fitzpatrick [email protected]
(asked Teresa to send to interested
Councilmembers)
Steve Sanchez (tentative acceptance)
Housing Commissioners (ask Doug to send):

Sent Zoom info 1/11/21
1) Chair Veronica Gaeta-Mejia
2) Vice Chair Michelle McDonough
3) Olga Pacheco
4) Gia Casto
5) Gwendolyn Davis
Sent Zoom info 1/8/21
Planning Commissioners:

Michael Proctor
Stephen Nieto-confirmed
Mary Caldwell
Philip Bettencourt
Loretta Currie-confirmed
Kevin McCune
Taylor Libolt Varner
489 Click Here to Return to Agenda
1/11/21
Staff-Sent Zoom invite 1/8/21-they may not all attend
Ihrke, Bill [email protected]
Teresa Thompson, CM
Karla Romero, Finance
Danny Castro, D&D
Gil Villalpando, CM/Housing
Doug Kinley, CM/Housing
Carlos Flores, Planning
Siji Fernando, Planning
Tania Flores, D&D Assistant
AJ Ortega, Building
Monika Radeva, City Clerk
Angela Ferreira, CM
Jon McMillen, CM
Tommi Sanchez, Hub
Armando Magallon, Hub
Jack Lima, Hub
490 Click Here to Return to Agenda
491 Click Here to Return to Agenda
Community Workshop
January 13, 2021
Housing Element Update
Introductions
Cheri Flores, Planning Manager, City of
La Quinta
Nicole Criste, Terra Nova Planning and
Research, Housing Element consultant
492 Click Here to Return to Agenda
Background
Housing Element is one of the required
elements of the General Plan
It is the only Element that must be
updated on a State-mandated schedule
It is intended to provide the City
direction on achieving its anticipated
housing demand for an 8-year period.

Background
Accomplishments:
Washington Street Apartments
Major Rehabilitation of 72 units
Construction of 68 new units, 24 of which are affordable to very low-income households, 44 for low-income
households.
Coral Mountain Apartments
176 units, 36 for very low-income households, 138 for low-income households, and 2 for moderate income
households.
493 Click Here to Return to Agenda
Background
About the City:
oPopulation: 40,704
o Median Age: 47.1
o Median Income: $79,889
oTotal Households: 15,505
o 10,977 family households
o 11,125 own their home
o 4,380 rent
Background
About the City:
o Median home value: $386,200
o Median rent: $1,473
o 3,880 households pay more than 30% of income for
housing
o 2,125 very low and low income owners
o 1,360 very low and low income renters
o 415 moderate income owners and 125 moderate income
renters
494 Click Here to Return to Agenda
Background
About the City:
o4,722 residents are disabled
o1,543 households have 5 or more people
o625 families live below the poverty level
Background
#!##
#!#)

! %")

!
! #'(

!
! #)'

! &%$

"
&#'
495 Click Here to Return to Agenda
Housing Sites
Capacity for 1,109 very low,
low and moderate income
units, and over 1,900 above
moderate income units
Distributed throughout the
City
Includes City-owned and
private property
Next Steps
Complete document for review by the
Department of Housing & Community
Development
Planning Commission and City Council
hearings late summer 2021
496 Click Here to Return to Agenda
Comments and
suggestions
welcome
Email comments to:

Cheri Flores, Planning Manager
[email protected]
497 Click Here to Return to Agenda
498 Click Here to Return to Agenda
Friday, September 10, 2021 at 14:11:29 Pacific Daylight Time

Page 1 of 2 ends

We invite you to review the Element through this link: https://bit.ly/3falPKM Please provide any comments to Cheri Flores, Planning Manager at [email protected]
499 Click Here to Return to Agenda

Page 2 of 2 ends

500 Click Here to Return to Agenda
501 Click Here to Return to Agenda
Chapter IV

ENVIRONMENTAL HAZARDS
• NOISE
• SOILS AND GEOLOGY
• FLOODING AND HYDROLOGY
• HAZARDOUS MATERIALS
• FIRE HAZARDS
• CLIMATE CHANGE
RESOLUTION NO. 2022-XXX

EXHIBIT B
ADOPTED:
502 Click Here to Return to Agenda
503 Click Here to Return to Agenda
NOISE
IV-1
NOISE

PURPOSE
The Noise Element addresses the City’s current and future noise environment. As the City and its Sphere of Influence continue to develop, additional development will generate noise from many sources, ranging from air conditioning units to automobiles. This Element identifies areas where noise levels are expected to reach unacceptable levels, and provides policies and programs which will assure that noise levels do not negatively impact the community.

Government Code Section 65032(f) requires that cities evaluate their noise environments, address the potential hazards associated with high noise levels and set standards for acceptable and unacceptable noise levels. The City is also allowed to set standards for noise under the California Environmental Quality Act (CEQA). These standards can help the City identify projects which could significantly impact noise levels, and require that the projects lower their noise levels.

The Noise Element is most closely related to the Land Use and Circulation Elements. In the case of the Land Use Element, the location of uses which create more noise – such as commercial shopping centers – can impact noise levels in residential neighborhoods, schools and other “sensitive receptors.” The Circulation Element is closely tied to the Noise Element because the noise created by traffic is and will continue to be the single largest source of noise in the City. The distribution and smooth flow of traffic, therefore, is critical to the City’s noise environment.

BACKGROUND
Noise is defined as an unwanted sound and can have
serious physiological and psychological effects on
people, ranging from the disturbance of sleep to
hearing loss. In order to prevent these negative
effects, a number of tools are available to
cities, particularly when they consider new
development proposals.
504 Click Here to Return to Agenda
NOISE
IV-2
The changes in air pressure which result in sound are most often measured in decibels (dB). That measurement is further modified by the A-weighted decibel scale (dBA), which gives less weight to very low and very high sounds, consistent with the way a human ear reacts to sound.

A conversation between two people measures about 60 dBA, while construction equipment can register at 110 dBA. Most people cannot identify an increase in sound of less than 3 dB, and the structure of the human ear causes us to perceive that a sound that is 10 dB higher than another is twice as loud. The chart below illustrates loudness and its subjective impact on people.

The amount of noise in a community at any given time is called the ambient noise level. It consists of the total of all noise sources – traffic, birdsong, conversations and other noises – at any given time during the day.

There are two classifications of the sources of noise: line sources, which include traffic noise; and point sources, which are fixed sources such as air conditioners. Both sources can be affected by surrounding conditions. “Soft site” conditions, such as vegetation, absorb noise and reduce its potential impact. “Hard site” conditions, such as walls and buildings, can block noise but can also cause it to reverberate. In addition, distance reduces noise levels – a doubling of the distance 4 505 Click Here to Return to Agenda
NOISE
IV-3
between a person and a noise source reduces noise by about 4.5 dBA.

Soft and hard site conditions and distance are all used to determine the level of noise that reaches the human ear from the source.

Noise Sources in La Quinta
In La Quinta, traffic noise is the most common source of noise. The level of noise from traffic is directly affected by the mix of vehicles on the road – when heavy trucks make up a larger share of the traffic, traffic noise is higher than when traffic is composed entirely of automobiles.

Also contributing to noise levels are commercial activities, including air compressors and commercial compactors, landscaping maintenance equipment, and daily activities.

In the Sphere of Influence, aircraft noise from operations at the Jacqueline Cochran Regional Airport can also affect the noise environment. Although not a heavily used airport, takeoff and landing operations can impact the residential land uses in the Sphere.

As the City and the Sphere of Influence areas build out, and traffic levels increase, ambient noise levels can also be expected to go up. Careful planning is required to assure that residents are not negatively affected.

Noise Sensitivity
The term “sensitive receptor” is used to identify land uses which are more impacted by noise than others. They include residential uses, schools and libraries, hospitals and nursing homes. Moderately sensitive uses include parks and golf courses, hotels and motels. The location of uses which are sensitive to noise in relation to noise generators, such as shopping centers and airports, must be considered in the Land Use Map.

Community Noise Equivalent Level (CNEL)
California Health and Safety Code Section 46026 establishes standards for local noise ordinances to help identify appropriate noise levels for various land uses. It uses the Community Noise Equivalent Level (CNEL), which averages noise levels over a 24-hour period. The CNEL scale is weighted to recognize that noise is more evident during the more quiet evening and nighttime periods. Because the ambient noise level is lower in the evening and at night, sounds appear to be louder.

The CNEL scale has been used to develop acceptable ranges of noise for a broad range of land uses, ranging from single-family homes to industrial uses. Acceptable noise levels under this model increase as the sensitivity of the land use decreases, so that louder noise environments are considered acceptable at shopping centers, and more quiet noise environments are required for hotels.
506 Click Here to Return to Agenda
NOISE
IV-4
Existing Noise Levels
The primary source of noise in the City and Sphere is traffic. In order to determine noise levels throughout the City and Sphere, a noise analysis was conducted for this General Plan (it is included in its entirety in the Appendix of the General Plan EIR). This analysis includes the monitoring of noise levels at 20 locations. Table IV-1 shows the results of 24-hour monitoring at seven locations, while Table IV-2 shows the current shortterm noise levels at 13 additional locations. 507 Click Here to Return to Agenda
NOISE
IV-5
Table IV-1
Existing 24-Hour Noise Levels at Monitored Locations
Receptor
Location Description
Time Of
MeasurementPrimary Noise
Source
Hourly
Noise
Levels
(Leq dBA)
Daily
Noise
Levels
(dBA
CNEL)
L1
Located north of
Westward Ho Drive
at La Quinta Park
across from the La
Quinta High School
baseball fields.

February
2-3, 2011
Traffic on
Westward Ho
Drive, Park
Activities,
Activities at La
Quinta High
School

44.9 - 63.6 60.2
L2
Located north of
Highway 111 on
southern portion of
the commercial
center west of La
Quinta Drive.

February
2-3, 2011
Traffic on Highway
111

50.4 - 64.1 65.3
L3
Located near the
Washington St. and
Via Marquessa
intersection
adjacent to the
existing medical
offices.

February
2-3, 2011
Traffic on
Washington Street 58.1 - 71.6 72.7
L4
Located north of
the Coachella Drive
and Eisenhower
Drive intersection
at the Legacy Villas
of La Quinta.

February
2-3, 2011
Traffic on
Eisnhower Drive,
Ambient

47.6 - 56.1 59.3
L5
Located next to the
Crab Pot
Restaurant on
Avenida La Fonda in
"The Village".

February
2-3, 2011
Traffic on Ave. La
Fonda, Ambient
within "The
Village"

43.1 - 65.4 58.9
L6
Located northeast
of the 52nd Avenue
and Jefferson
Street intersection
at land uses
proposed as multifamily residential.

February
2-3, 2011
Traffic on 52nd
Ave. and Jefferson
St.

48.7 - 60.3 62.2
L7
Located on the
northeast corner of
the intersection of
Jackson Street and
50th Avenue near
the existing singlefamily homes.

February
2-3, 2011
Traffic on Jackson
St. 52.6 - 72.6 71.4
508 Click Here to Return to Agenda
NOISE
IV-6
The noisiest locations monitored for a 24-hour period are on Washington Street in the City and Jackson Street in the Sphere of Influence. These noise levels can be attributed to vehicular traffic on Washington and Jackson Streets. The Daily Noise Level represents the average noise level occurring throughout the entire day. The Hourly Noise Level represents noise levels measured during one particular hour. In some cases, the hour measured may have been affected by an unusually loud event (heavy trucks passing by) or temporarily noisy condition (rush hour). Where this occurs, the Hourly Noise Level can exceed the Daily Noise Level.

Table IV-2 below, illustrates the existing noise levels monitored for 10 minutes at each location. The table shows that the noisiest locations are on major roadways in the City.

Table IV-2
Existing Short-Term Noise Levels
Receptor
Location Description
Time Of
Measure
-ment
Primary
Noise
Source
Noise
Levels
(Leq
dBA)
Noise
Levels
(dBA
CNEL)
S1
Located 100 feet from
the Washington Street
centerline north of the
Fred Waring Drive
intersection.
3:00 p.m.

Traffic on
Washington
Street

66.1 68.4
S2
Located near the
Jefferson Street and
Fred Waring Drive
intersection at an
existing Walgreens.
3:17 p.m.

Traffic on
Jefferson St.
and Fred
Waring Dr.

69.3 72.9
S3
Located near the
Eisenhower Health
center east of the
Washington Street
centerline.
3:43 p.m.

Traffic on
Washington
Street

69.3 71.6
S4
Located near the La
Quinta Unified School
District Offices at the
intersection of 48th
Avenue and Dune Palms
Road.
4:11 p.m.

Traffic on
Avenue 48 66.5 67.1
S5
Located approximately
100 feet east of the
Jefferson Street
centerline north of the
50th Avenue
intersection at the
existing commercial
center.
10:27 a.m.

Traffic on
Jefferson St. 64.3 68.0
509 Click Here to Return to Agenda
NOISE
IV-7
Table IV-2
Existing Short-Term Noise Levels
Receptor
Location Description
Time Of
Measure
-ment
Primary
Noise
Source
Noise
Levels
(Leq
dBA)
Noise
Levels
(dBA
CNEL)
S6
Located 50 feet east of
the centerline in the
front yard of 51915
Avenue Bermudas
across from the
community park south
of the 52nd Avenue
intersection.
11:12 a.m.

Traffic on
Avenue
Bermudas

66.2 71.3
S7
Located south of 52nd
Avenue at the Cahuilla
Desert Academy School.
11:55 a.m.

Traffic on
52nd Avenue 62.0 66.6
S8
Located adjacent to the
single-family homes near
the intersection of
Avenue Bermudas and
Calle Arroba.
11:29 a.m.

Traffic on
Avenue
Bermudas

59.2 64.3
S9
Located east of Madison
Street at the Troon Way
intersection near the
existing single-family
homes.
1:10 p.m.

Traffic on
Madison
Street

64.4 67.5
S10
Located 100 feet west of
the Harrison Street
centerline south of the
Airport Blvd.
intersection.
12:16 p.m.

Traffic on
Harrison
Street

62.1 65.7
S11
Located north of 50th
Avenue centerline at the
existing Boy and Girls
Club.
10:46
a.m.

Traffic on
50th Avenue 57.7 61.5
S12
Located 50 feet east of
the Monroe Street
centerline south of the
60th Avenue
intersection and the
existing residential uses.
12:40
p.m.

Traffic on
Monroe
Street

60.4 64.0
S13
Located 100 feet west of
the Jefferson Street
centerline between
52nd and 54th Avenue
at the proposed
residential uses.
1:30 p.m.

Traffic on
Jefferson
Street

66.7 71.0
510 Click Here to Return to Agenda
NOISE
IV-8
Table IV-3
Land Use Compatibility for Community Noise Environments Land Uses
CNEL (dBA)
50 55 60 65 70 75 80
Residential - Single Family Dwellings,
Duplex, Mobile Homes
A
B
C
D
Residential – Multiple Family
A
B
C
D
Transient Lodging: Hotels and Motels
A
B
C
D
School Classrooms, Libraries, Churches,
Hospitals, Nursing Homes and
Convalescent Hospitals
A
B
C
D
Auditoriums, Concert Halls, Amphitheaters B
C
Sports Arenas, Outdoor Spectator Sports B
C
Playgrounds, Neighborhood Parks
A
C
D
Golf Courses, Riding Stables, Water
Recreation, Cemeteries
A
C
D
Office Buildings, Business, Commercial and
Professional
A
B
D
Industrial, Manufacturing, Utilities,
Agriculture
A
B
D
Source: California Department of Health Services, “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” 1990
A
Normally Acceptable: With no special noise reduction requirements assuming standard construction.

B
Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design
C
Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design.

D
Clearly Unacceptable: New construction or development should generally not be undertaken. 511 Click Here to Return to Agenda
NOISE
IV-9
La Quinta Municipal Code
Section 9.100.210 of the City’s Municipal Code governs noise control in the City. The current noise standards allow noise levels of 60 dBA from 7 AM to 10 PM, and 50 dBA from 10 PM to 7 AM for noise sensitive uses; and 75 dBA from 7 AM to 10 PM, and 65 dBA from 10 PM to 7 AM for nonresidential land uses. This standard is more stringent than the CNEL standard and can be modified by City Council.

The Ordinance also addresses short-term noise levels and places restrictions on the length of time unacceptable noise levels can be maintained. It also addresses temporary noise levels, such as construction noise, and restricts the hours when such noise can occur to the less sensitive daytime hours.

Anticipated Future Noise Levels
The Noise Impact Analysis predicts noise levels throughout the City and the Sphere of Influence at build out of the General Plan. These are shown in Table IV-4, below, and addressed in greater detail in the General Plan EIR.

Table IV-4
Build Out Noise Levels
Road Segment CNEL
at
100
Feet
(dBA
)
Distance to Contour (Feet)
70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
Washington St. n/o Fred Waring Dr. 72.7 152 327 705 1,519 Washington St. btwn Fred Waring & Miles 73.3 165 356 766 1,650 Washington St. btwn Miles & Hwy 111 72.5 148 318 685 1,476 Washington St. btwn Hwy 111 & Avenue 48 73.0 158 341 736 1,585 Washington St. btwn Avenue 48 & Eisenhower
Dr

72.3 142 306 658 1,418
Washington St. btwn Eisenhower Dr & Avenue
50 71.7 129 278 599 1,290
Washington St. btwn Avenue 50 & Calle
Tampico

70.9 115 248 534 1,150
Eisenhower Dr. btwn Washington St & Avenue
50 68.1 74 160 346 745
Eisenhower Dr. btwn Avenue 50 & Calle
Tampico

66.6 59 128 275 593
Avenida
Bermudas
btwn Calle Tampico & Avenue 52 59.1 RW RW 87 188
Avenida
Bermudas
btwn Avenue 52 & Calle
Durango

63.6 RW 80 173 372
Adams St. btwn Westward Ho Dr & Hwy 111 66.6 60 129 277 597 512 Click Here to Return to Agenda
NOISE
IV-10
Table IV-4 (cont’d)
Build Out Noise Levels
Distance to Contour (Feet)
Road Segment CNEL
at
100
Feet
(dBA
70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
Adams St. btwn Hwy 111 & Avenue 48 66.8 61 132 284 613
Dune Palms Rd. btwn Westward Ho Dr & Hwy
111

65.5 50 108 232 500
Dune Palms Rd. btwn Hwy 111 & Avenue 48 66.7 60 129 278 598 Jefferson St. n/o Fred Waring 70.4 107 230 496 1,068
Jefferson St. btwn Fred Waring & Miles 71.8 132 284 613 1,320 Jefferson St. btwn Miles & Westward Ho Dr 72.2 141 304 654 1,409 Jefferson St. btwn Westward Ho Dr & Hwy
111

72.2 140 302 651 1,402
Jefferson St. btwn Hwy 111 & Avenue 48 72.1 139 299 645 1,389 Jefferson St. btwn Avenue 48 & Avenue 50 72.7 151 326 702 1,513 Jefferson St. btwn Avenue 50 & Avenue 52 71.1 119 256 551 1,186 Jefferson St. btwn Avenue 52 & Avenue 54 70.7 111 239 516 1,112 Madison St. btwn Avenue 50 & Avenue 52 70.4 107 231 497 1,071 Madison St. btwn Avenue 54 & Airport Blvd 72.0 136 292 629 1,355 Madison St. btwn Airport Blvd & Avenue 58 70.8 113 244 527 1,134 Madison St. btwn Avenue 58 & Avenue 60 68.2 76 164 354 762 Monroe St. btwn Avenue 52 & Avenue 54 70.4 106 228 492 1,060 Monroe St. btwn Avenue 54 & Airport Blvd 70.6 110 237 510 1,099 Jackson St. btwn Avenue 54 & Airport Blvd 70.0 101 217 467 1,006 Jackson St. btwn Airport Blvd & Avenue 58 70.2 103 221 476 1,026 Jackson St. btwn Avenue 58 & Avenue 60 69.5 93 199 429 925 Jackson St. btwn Avenue 60 & Avenue 62 68.3 77 166 358 770 Van Buren St. btwn Avenue 52 & Avenue 54 70.0 101 217 467 1,006 Van Buren St. btwn Avenue 54 & Airport Blvd 69.0 86 185 399 859 Van Buren St. btwn Airport Blvd & Avenue 58 69.3 90 195 419 904 Van Buren St. btwn Avenue 58 & Avenue 60 69.4 91 196 422 908 Van Buren St. btwn Avenue 60 & Avenue 62 65.8 52 113 243 523 Harrison St. btwn Airport Blvd & Avenue 58 73.7 176 378 815 1,756 Avenue 44 e/o Washington St 72.0 136 292 629 1,356
Miles Ave. e/o Washington St 66.6 59 127 274 590
Hwy 111 e/o Washington St 75.4 230 496 1,068 2,301
Hwy 111 e/o Adams St 74.2 191 411 885 1,906
513 Click Here to Return to Agenda
NOISE
IV-11
Table IV-4 (cont’d)
Build Out Noise Levels
Distance to Contour (Feet)
Road Segment
CNEL
at
100
Feet
(dBA
70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNE
L
Hwy 111 e/o Dune Palms 75.2 223 481 1,036 2,233
Avenue 48 e/o Washington St 67.0 64 137 295 635
Avenue 48 w/o Jefferson St 70.0 100 215 464 999
Avenue 50 e/o Washington St 64.4 RW 91 197 424
Avenue 50 w/o Jefferson St 67.0 63 136 294 634
Avenue 50 e/o Jefferson St 69.7 96 207 447 962
Calle Tampico
btwn Eisenhower Dr & Avenida
Bermudas 61.9 RW 62 134 289
Calle Tampico
btwn Avenida Bermudas &
Washington St 64.7 RW 95 204 440
Avenue 52 w/o Washington St 66.7 60 130 280 603
Avenue 52 w/o Jefferson St 70.1 102 220 475 1,023
Avenue 52 e/o Jefferson St 69.7 95 206 443 955
Avenue 52 e/o Madison St 69.2 88 190 410 883
Avenue 54 e/o Jefferson St 69.9 98 212 457 984
Avenue 54 w/o Madison St 62.4 RW 67 145 312
Airport Blvd. e/o Madison St 67.3 66 141 304 656
Avenue 58 w/o Monroe St 63.8 RW 83 179 386
Avenue 58 e/o Monroe St 66.0 54 117 252 542
Avenue 60 e/o Madison St 64.9 46 99 213 460
Avenue 60 e/o Monroe St 65.3 RW 105 226 488
Avenue 62 btwn Madison St & Monroe St 64.3 42 90 195 419 Avenue 62 e/o Monroe St 67.5 68 146 314 677
Avenue 62 e/o Jackson St 63.7 RW 82 178 383
Avenue 62 e/o Van Buren St 60.1 RW 47 102 220
Most new residential development on General Plan roads will be located between 35 and 65 feet from the center line of the street (depending on the type of road on which the project is located). Based on Table IV-4, in order to achieve a noise level of 65 dBA CNEL or less, noise analysis will be required at most locations to assure that a project’s design includes noise protection.
514 Click Here to Return to Agenda
NOISE
IV-12
Managing Noise Levels
Site planning and design standards, including the use of buffer zones, building orientation, walls, and landscaping between sensitive land uses and roadways are the most common and easiest ways to lessen noise levels. As new noise-sensitive projects are developed next to noisy roads throughout the City, noise impact analyses should be part of the approval process to assure that the noise environment within the projects is acceptable. These analyses will be individually tailored to address each site and will provide noise attenuation best suited to the particular situation faced by each project. Such analysis is critical to assuring good quality of life for City residents.

The most effective way to reduce noise is by installing a solid barrier; however, noise barriers can have limitations. To reduce noise levels by 5 dBA, a vegetative barrier must be at least 15 feet high, 100 feet wide, and dense enough to completely obstruct the line-of-sight between the noise source and receiver. For a block wall to effectively decrease traffic noise levels by 5 dB, it must be high and long enough to block the view of the road.

Construction Noise
Most construction projects require the use of heavy equipment. Heavy equipment can generate noise ranging from 68 dBA to over 100 dBA at a distance of 50 feet. For every doubling of distance, the noise level is reduced by about 6 dBA. Heavy equipment operating close to existing sensitive receptors, however, can create unacceptable noise levels for short periods of time. The City has adopted a noise ordinance which limits construction activities in order to reduce the potential for intrusive noise during evenings, weekends and holidays. Future development proposals should be required to analyze construction noise if the project is proposed next to existing sensitive receptors.

Airport Noise
The Jacqueline Cochran Regional Airport is located immediately east of the Sphere of Influence and accommodates business and private air traffic. In the future, it is likely that activity at the airport will increase.

One of the airport’s runways is constructed on a north-south axis, which results in the bulk of the noise occurring north and south of the runway, as shown in Exhibit IV-1. The other runway lies on a northwest-southeast axis, and noise contours along this runway are limited to the immediate vicinity of the runway. The airport’s noise levels are, therefore, not expected to impact areas west of Harrison Street, which defines the eastern edge of the City’s Sphere of Influence.
515 Click Here to Return to Agenda
Exhibit
IV-1
City of La Quinta General Plan
Airport Noise Contours
La Quinta, California
Sources: City of La Quinta General Plan Noise Element Update Technical Report, Urban Crossroads, June 3, 2011.

08.08.11 516 Click Here to Return to Agenda
NOISE
IV-14
Bus Stops and Bus Routes
SunLine Transit Agency operates bus routes in the City. The current routes are focused on Highway 111 and Washington Street, and they connect to other routes which provide for regional travel throughout the Valley. As the City and the region grow, demand for transit service will increase, and SunLine is likely to expand its services in the City.

Transit buses can have a negative noise impact – their brakes and engines can be louder than typical car noise, and their acceleration from bus stops can be noisy if the stop is located next to residential development. As additional bus routes are developed, and sensitive uses are proposed next to bus routes, noise analysis will be needed to assure that transit activities do no raise noise levels beyond the City’s standards.

Truck Routes
The City limits truck routes by maintaining an official truck route map.

Although the map is updated periodically, it generally limits truck routes to major roadways. Although heavy trucks occasionally use local streets to access delivery addresses, their presence on major roadways does not significantly change the existing or future noise environment. As with bus routes, the City will need to monitor future development of sensitive receptors on major roadways to assure that truck noise does not raise noise levels beyond the City’s standards.

Groundborne Vibration
Groundborne vibration most commonly results from construction equipment, train trips and heavy truck traffic. Unlike noise, there is no established standard to measure vibration. Most groundborne vibration in La Quinta is from construction activity and heavy trucks, since there are no train tracks in the City or its Sphere of Influence. In the long term, it is not expected that additional sources of vibration will develop in the City. Construction equipment and heavy trucks can cause limited and short-duration vibrations; however, groundborne vibration is not expected to affect the City significantly.

PLANNING FOR THE FUTURE
In general, the City’s current land use patterns buffer sensitive land uses from high noise levels. However, as the City and Sphere grow in the future, noise impacts will need to be carefully considered. This is particularly true of any area where Mixed Use development is considered – along Highway 111 or in the Village – where there may be 517 Click Here to Return to Agenda
NOISE
IV-15
less room to buffer residential uses from commercial activities. Careful consideration of each future project will be required to assure that compatibility is maintained.

The City’s ongoing efforts to preserve the quality of life for all its residents, present and future, must include the protection of a quiet noise environment.

GOALS, POLICIES AND PROGRAMS
GOAL N-1
A healthful noise environment which complements the City’s residential and resort character.

Policy N-1.1
Noise standards in the City shall be consistent with the Community Noise and Land Use Compatibility scale described in this Element. • Program N-1.1.a: Propose to City Council an amendment to the Municipal Code (Section 9.100.210) to allow 65 dBA CNEL for sensitive land uses.
• Program N-1.1.b: Ensure that City Building Code standards include interior noise level standards that are consistent with the Community Noise and Land Use Compatibility scale.

Policy N-1.2
New residential development located adjacent to any roadway identified in Table IV-4 as having a build out noise level in excess of 65 dBA shall continue to be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City’s noise standards.

Policy N-1.3
New non-residential development located adjacent to existing residential development, sensitive receptors or residentially designated land, shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates that it will not significantly impact the adjacent residential development or residential land.
518 Click Here to Return to Agenda
NOISE
IV-16
Program N-1.3.a: Provide accommodation for special events in the public interest, such as concerts and festivals, which may temporarily exceed the maximum allowable decibel level.

Policy N-1.4
All Mixed Use projects shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City’s noise standards.

Policy N-1.5
All noise impact analysis will include, at a minimum, short-term construction noise and noise generated by the daily operation of the project at build out.

Policy N-1.6
The City may require remedial noise control plans and/or improvements for areas experiencing noise in excess of adopted City standards. • Program N-1.6.a: Remedial improvements will be included in the Capital Improvement Program.

Policy N-1.7
Noise impact analysis shall be included in all City Capital Improvement Plan (CIP) and developer-required roadway widening projects to demonstrate compliance with City noise standards.

Policy N-1.8
Maintain a truck route plan restricting truck travel to arterial roadways.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals and their associated policies and programs are closely related to those of this Element.

GOAL LU-1: Land use compatibility throughout the City.

GOAL LU-3: Safe and identifiable neighborhoods that provide a sense of place.

GOAL OS-2: Good stewardship of natural open space and preservation of open space areas.
519 Click Here to Return to Agenda
NOISE
IV-17

THIS PAGE INTENTIONALLY LEFT BLANK
520 Click Here to Return to Agenda
521 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-19

SOILS AND GEOLOGY

PURPOSE
The Soils and Geology Element assesses the physical characteristics of the planning area and the community’s overall safety. This element relates to a variety of other General Plan elements, including Land Use, Circulation, Housing, Economic Development, Public Facilities, Emergency Services, and Water, Sewer and Other Public Utilities. Many of the issues addressed in this element also directly relate to those considered in the Flooding and Hydrology Element.

California Government Code and Public Resources Code require the inclusion of a General Plan element addressing seismic safety issues. As set forth in Government Code Section 65302(g), the General Plan is required to consider the need to protect the community from unreasonable risks from seismically induced hazards, including surface rupture, groundshaking, ground failure, seiching, dam failure, subsidence, and other geologic risks.

The City lies within the most severe seismic shaking zone, Zone 4, as defined in Chapter 2-23, Part 2, Title 24 of the Administrative Code.

Jurisdictions in Zone 4 must identify all potentially hazardous or substandard buildings, and programmatically mitigate potential hazards associated with such structures.

BACKGROUND
Geologically, the planning area is diverse and relatively young.

It is subject to a variety of complex, on-going geologic and seismic processes and hazards, including continuing
uplift of the San Jacinto and Santa Rosa Mountains to
the west, and seismic-related subsidence (gradual
settling) of the Coachella Valley.
522 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-20
The following discussions summarize the soil types and conditions, and associated geotechnical and seismic hazards that should be considered in future planning for La Quinta. This discussion is intended to provide an overview; additional technical information and specific mitigation measures are provided in the Environmental Impact Report for this General Plan.

Seismic Hazards
Most of Southern California is located at the boundary between the North American and Pacific tectonic plates, which are moving past each other at varying rates. The boundary between these two plates is marked by the San Andreas Fault, which occurs approximately 4 miles north of the City. Approximately 60 to 70 percent of the plate movement occurs along the San Andreas Fault. The remainder is distributed among other faults within the San Andreas system and those associated with the Eastern California Shear Zone. The southern California region and the planning area are, therefore, in an area susceptible to strong seismic activity.

Measuring Seismic Events
The seismic energy released when an earthquake occurs is measured in terms of intensity and magnitude. The intensity of ground shaking is determined by several factors, including the earthquake’s magnitude, distance from the epicenter, and soil and rock composition.

Seismologists have used a variety of scales to measure earthquakes. • Modern Mercalli Intensity (MMI) scale is the most common measure of seismic intensity. It defines earthquakes in terms of damage along a continuum of 12 levels, based on observable damage to structures and human responses to earthquakes. • Seismic Moment (Mw) Measure is currently favored by
seismologists, and correlates earthquake size to the amount of energy released when a fault ruptures. A one-point increase in magnitude represents a 32-fold increase in energy.
• Maximum Probable Earthquake (MPE) is the largest earthquake likely to occur on a fault or fault segment within a specified time period. MPE is used to prepare engineering or emergency plans, to develop design parameters and safe construction practices, and to prepare policies and programs regarding potential earthquake hazards and impacts.
523 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-21
• Maximum Magnitude Earthquake (Mmax) is a value assigned by the California Geological Survey which represents the highest magnitude earthquake a fault is capable of producing based on physical limitations, such as the length of the fault or segment.

Major Faults Affecting the Planning Area
Potential hazards associated with earthquakes can range from significant property damage, to the loss of public services and facilities, to the loss of life. Strong ground shaking has the greatest potential to result in severe impacts in La Quinta. Ground shaking may cause other hazards such as landslides, structural damage or destruction, liquefaction, and settlement. Such events can also result in fires, hazardous materials releases, and disruption of essential facilities and services such as water, sewer, gas, electric, drainage, and transportation. Flooding can result from dam or water tank failure.

The most significant faults with the potential to affect the General Plan area are described below and illustrated in Exhibit IV-2.

San Andreas Fault Zone: considered the “Master Fault” in Southern California based on frequency and magnitude of earthquakes and influence over seismic hazards in the area.
• Passes approximately 4 miles northwest of the General Plan area.
• Extends approximately 690 miles, from the Salton Sea to Cape Mendocino in northern California.
• Last major earthquake on the southern portion: Fort Tejon (1857), magnitude 8.0; the largest earthquake reported in California.
• Southern San Andreas fault estimated to have a 59% probability of causing an earthquake of at least magnitude 6.7 in the next 30 years.
• Maximum Magnitude Earthquake (Mmax) potential in La Quinta:

7.7 to 8.0 earthquake.
• Shaking intensity could range from moderate to strong and would be expected to result in moderate to heavy damage, especially to buildings that are older or poorly constructed.

San Jacinto Fault Zone: historically, the San Jacinto fault has produced more large earthquakes than any other fault in southern California.

None have been as large as the 1857 and 1906 earthquakes on the San Andreas fault.
524 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-22
• Located south of the planning area.
• Comprises the western margin of the San Jacinto Mountains via a series of closely spaced faults.
• Extends approximately 175 miles, intersecting with the San Andreas fault in San Bernardino; continues south of the U.S./Mexico border as the Imperial fault.
• Most recent surface-rupturing earthquakes occurred in 1968 along the Coyote Creek segment and in 1987 along the
Superstition Hills segment.
• All segments of the San Jacinto fault have an average of 31% probability of rupturing between 1994 and 2024.

Burnt Mountain Fault: one of several of the other Eastern Mojave Shear Zone faults. Unknown until 1992, when a ground-surface rupture occurred along a 3.1-mile-length of this fault (most likely during a large aftershock of the Landers earthquake).
• Extends approximately 13 miles.
• Approximately 15 miles north of La Quinta at nearest point. • Considered capable of producing a magnitude 6.0 to 6.5 earthquake.

Elsinore Fault Zone: major right-lateral strike-slip fault of the San Andreas fault system in southern California.
• Extends approximately 190 miles, from northern Baja California to the Los Angeles Basin.
• Divided, from south to north into seven segments.
• Closest Elsinore segment to La Quinta, approximately 39 miles west of La Quinta.
• Probability of rupturing in a magnitude 6.7 earthquake in the next 30 years approximately 11%.
525 Click Here to Return to Agenda
Exhibit
IV-2

09.07.11 City of La Quinta General Plan
Faults and Historical Seismicity Map
La Quinta, California
Legend
526 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-24
Seismically Induced Geotechnical Hazards
Seismically Induced Ground Shaking
Seismically induced ground shaking is the most potentially significant geotechnical hazard to the La Quinta area. As discussed above, large earthquakes along regional faults, including the San Andreas and San Jacinto fault zones, have the potential to generate moderate to severe ground shaking in the planning area.

Factors that determine the effects of ground motion and the degree of structural damage that may occur include:
• Intensity of the earthquake.
• Distance between epicenter and site.
• Soil and bedrock composition.
• Depth to groundwater.
• Presence of ridge tops (may result in higher localized accelerations).
• Building design and other criteria.

Local agencies use a variety of tools to assure seismic safety in structures, including the California Building Code and Unreinforced Masonry Law. These are further discussed under Mitigation of Earthquake Hazards, below.

Liquefaction
Liquefaction occurs when ground shaking of relatively long duration and intensity over 0.2 g occurs in areas of loose, unconsolidated soils with relatively shallow groundwater depths (50 feet or less). The sudden increase in water pressure in pores between soil grains may substantially decrease soil shear strength. This creates a condition where soil takes on the qualities of a liquid or a semi-viscous substance.

Liquefaction can result in ground settlement, ground undulation, lateral spreading or displacement, and flow failures. Structures may sink or tilt as bearing capacity decreases, causing substantial damage.

Areas where both shallow groundwater and soils that are susceptible to liquefaction occur include the southeastern part of the city and the entire eastern Sphere of Influence area. Liquefaction potential in this area ranges from moderate, where groundwater is 30 to 50 feet below the surface, to high, where groundwater is found 30 feet or less below the surface. Exhibit IV-3, Seismic Hazards, shows areas of liquefaction susceptibility in the planning area.
527 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-25
Landslides and Rockfall
Landslides and rockfall can occur when unstable slope conditions are worsened by strong ground motion caused by seismic events.

Conditions that lead to landslide vulnerability include high seismic potential; rapid uplift and erosion
that creates steep slopes and deeply
incised canyons; folded and highly
fractured rock; and rock with silt or
clay layers that are inherently weak.

Rockfall and rockslides are also
common on very steep slopes.

Landslides have been recorded after
periods of heavy rainfall, and rockfall
has been associated with slope
failure during drier periods.

Areas where development is located
below hillsides, mountain slopes and steep canyon walls are considered most susceptible to rockfall. This includes much of the Cove and the southwestern edge of the City, which is surrounded by mountains comprised of granitic rock.

Exhibit IV-3, Seismic Hazards, illustrates where the highest potential exists for slope instability.

Seismically Induced Settlement
Seismically induced settlement can occur when strong ground shaking causes soils to become more tightly packed, collapsing pore spaces, and reducing the soil column thickness. Soils that are loose and unconsolidated, as is typical of young alluvial and wind-deposited soils, are especially subject to this risk. Fill may also be susceptible if not properly compacted during construction.

Areas where these soils (mapping units Qa, Qa/Ql and Qs) predominate are shown on Exhibit IV-4, Geologic Map, and include much of the valley floor throughout the northern Sphere of Influence, the urban core of the City, and the eastern corporate limits and Sphere-of-Influence. 528 Click Here to Return to Agenda
IV-3
Exhibit

09.07.11 City of La Quinta General Plan
Seismic Hazards Map
La Quinta, California
Legend
529 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-27
Seiche
Seiches are standing wave oscillations (sloshing) that occur in enclosed or partially enclosed water bodies of shallow to moderately shallow depth. Seiches may occur in reservoirs, lakes, ponds, and swimming pools. Seiche waves typically associated with seismic-induced ground shaking are less than 2 feet high, although seiches over 6.5 feet have been reported.

In the planning area, there are numerous lakes, ponds, and reservoirs that may be subject to seiches as a result of ground shaking. These include Lake Cahuilla, recharge basins in the southeastern portion of La Quinta, and smaller golf course lakes and detention basins. Potential damage may also occur from seiches in water storage reservoirs.

Regulatory Mitigation of Earthquake Hazards
The State of California enacted the Alquist-Priolo Earthquake Fault Zoning Act in 1972 to mitigate the hazard of fault rupture by prohibiting structures intended for human occupancy from being located across the trace of an active fault. It requires the State Geologist to define "Earthquake Fault Zones" along faults that show evidence of active surface displacement. The Act prohibits local jurisdictions from granting development permits for certain types of development on sites within an Earthquake Fault Zone until a geologic investigation demonstrates they are safe from surface displacements from future faulting.

There are no Alquist-Priolo zoned faults in the City of La Quinta or its Sphere of Influence. The closest zoned fault is the San Andreas fault to the north of the city (also please see Exhibit IV-2, Faults and Historical Seismicity Map).

The State enacted the Seismic Hazards Mapping Act (SHMA) in 1990. It addresses non-surface earthquake hazards such as strong ground shaking, liquefaction and seismically induced landslides. It is intended to minimize loss of life and property by identifying and mitigating seismic hazards. The California Geological Survey (CGS) is primarily responsible for its implementation. CGS is required to provide local governments with seismic hazard zone maps that identify areas subject to liquefaction, earthquake-induced landslides and other ground failures, also known as “zones of required investigation.” When construction projects fall within these areas, site-specific geological hazard investigations are required by the SHMA.

There are currently no State-issued, official seismic hazard zone maps for La Quinta or its Sphere.
530 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-28
The Seismic Retrofitting andUnreinforced Masonry Law was enacted by the State in 1986, and requires all cities and counties in zones designated as Seismic Zone 4 to identify potentially hazardous unreinforced masonry (URM) buildings in their jurisdictions.

In 2006, the City inventoried URMs and reported there were seven historic URMs in the City. Of these, five have been retrofitted in compliance with the City’s mandatory mitigation program. One was to be demolished, and one had neither been mitigated nor showed progress towards mitigation. Both are adobe structures located on the grounds of the La Quinta Resort. The City Building Department has reported that the unmitigated URMs are vacant and are not being used.

Soils
There are seven types of soil units that have been mapped in the planning area:

1. Alluvial sand and gravel of the Whitewater River (Qg)

2. Windblown sand (wind-lain dune sand) (Qs)

3. Interbedded lacustrine (clay of valley areas) (Ql)

4. Alluvial deposits (sand of valley areas) (Qa)

5. Alluvial fan sand and gravel deposits (Qf)

6. Landslide deposits (Qls)

7. Quartz diorite (hard crystalline rock) (Qd)
The locations of these soils in the planning area are shown on Exhibit IV4, Geologic Map of the Study Area. 531 Click Here to Return to Agenda
IV-4

09.07.11 City of La Quinta General Plan Exhibit
Geologic Map of the Study Area
La Quinta, California
Legend
532 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-30
Hazards Associated with Soils
Landslides and Slope Instability
Slope failure can occur on steep slopes, and development at their base is at risk of landslides, surficial failures, soil slip, debris flow, and/or rockfall.

The planning area includes significant areas of hillside terrain, such as those associated with the Santa Rosa National Monument. Areas subject to these hazards include many of the more developed areas in the City, which are surrounded on three sides by mountains that pose rockfall hazard. Earthquakes, periods of intense rainfall, or human activities associated with construction, such as grading and blasting, can increase these hazards.

Compressible Soils
Compressible soils are geologically young, unconsolidated soils of low density that tend to compress under the weight of proposed fill embankments and structures.

In the General Plan area, areas most likely to contain compressible soils include:
• Valley areas, which include young soil deposits associated with modern and pre-historic floodplains, including the Whitewater River, which are overlain with wind-blown deposits and alluvium; • Hillside areas, especially at the base of natural slopes, and within canyon bottoms and swales;
• Deep fill embankments, normally those more than about 60 feet deep, which may compress under their own weight.

Collapsible Soils
Collapsible soils are associated with sediments that have recently accumulated in arid or semi-arid environments, including soils commonly associated with alluvial fan and debris flow sediments deposited during flash floods, which are typically dry and contain tiny voids. Under some conditions, significant settlement can occur rapidly, even under relatively light loads. Irrigation, especially near building foundations, or a rise in the groundwater table can lead to differential settlement of buildings or structures, causing walls and foundations to crack.

In the General Plan area, this hazard may pose a localized risk where young alluvial and wind-deposited sediments occur. The La Quinta 533 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-31
Engineering Department has prepared a bulletin (available on the City’s website) that identifies portions of the General Plan area that are susceptible to collapsible soils. The bulletin establishes supplemental guidance for preparing site-specific geotechnical reports as they pertain to collapsible soils.

Expansive Soils
Expansive soils are soils containing fine-grained materials such as silts and clays in varying amounts. With changes in moisture content, clay minerals can shrink or swell, creating pressure that may affect structures or other surface improvements.

In the General Plan area, soils on the valley floor include alluvial sand and gravel with fine-grained lakebed deposits such as silts and clays. Once graded, the expansion characteristics of these soils can vary widely.

Engineered fills that include expansive soils near the finished surface may result in damage.

Corrosive Soils
Corrosive soils occur as a result of various complex electrochemical and bacteriological processes between soil and buried metallic structures, such as water mains or elements within building foundations. Reactions depend on a variety of factors, including structure type and soil characteristics. Valley areas may contain sediments that are corrosive to metallic objects, such as reinforcing steel and pipelines.

Ground Subsidence
Subsidence is generally caused by human activity, such as the extraction of groundwater, oil or gas in sediment-filled valleys and floodplains.

Natural forces, such as earthquake movements, can also result in subsidence.

Regional subsidence can result in earth fissures, sinkholes or depressions, and surface drainage disruption. It can cause damage to pipelines, canals, levees, wells, buildings, roadways and railroads and other improvements.

In the presence of clay and silt, removal of groundwater can cause irreversible subsidence and surface fissures and cracks. The only recorded fissures in the Coachella Valley occurred in La Quinta in 1948, near the base of the Santa Rosa Mountains, at the south end of the City.

Fissures and differential displacement are more likely to occur at the edge of the Valley floor, where it meets the mountains. 534 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-32
Monitoring conducted by the US Geological Survey (USGS), CVWD and others shows that subsidence rates in the Coachella Valley have been increasing rapidly over the past several decades. CVWD has implemented a variety of measures, such as groundwater recharge, imported water, and water conservation techniques and programs to minimize the extraction of groundwater.

Erosion
Erosion is influenced by a variety of factors: climate, topography, soil and rock types, and vegetation. During intense storms, high rates of erosion can occur as soil and rock in the foothills travel to the valley floor. Risk of erosion is increased by wildfires, which strip slopes of vegetation and leave them susceptible to erosion. In the planning area, canyon bottoms and areas within the valley that contain unconsolidated soils are most vulnerable.

Human activities hasten natural erosion, as they remove protective vegetation, alter natural drainage patterns, and compact soils. Cut and fill slopes may be more susceptible than naturalized slopes.

Development also reduces the surface area available for water to percolate, thereby increasing risk of flooding and downstream sedimentation.

In La Quinta and Riverside County, development plans for new projects must incorporate temporary and permanent erosion control measures.

All development projects over one acre in size must obtain coverage under the City’s General Construction permit, which includes preparation of a Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMPs) for pre-, during and postconstruction erosion prevention and control.

Wind Erosion
Wind transports and re-deposits soil,
thereby damaging land and natural
vegetation. Wind erosion commonly
occurs in areas that are flat and bare,
dry and sandy, or in areas with loose,
dry, finely granulated soil. Effects of
wind erosion include soil loss and the
deterioration of soil structure,
dryness, loss of nutrients and
productivity, air pollution, and
sediment transport and deposition.
535 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-33
Many areas in the Coachella Valley are subject to varying levels of hazards associated with wind-blown sand. A variety of conditions that are conducive to creating and transporting sand exist in the valley, including the orientation of hill and mountain masses, nature of the bedrock, location of the Whitewater River floodplain, slope and orientation of the valley floor, and the hot, arid climate and sparse vegetation.

Wind and wind-blown sand can result in damage to structures and cars, poor visibility, road closures, and general degradation of air quality.

Health problems associated with wind and blowing sand include allergies and respiratory irritation, eye infections, and skin disorders.

The Coachella Valley region is particularly affected by particulate matter less than 10 microns in diameter, known as PM10, that can directly irritate lung tissues and result in serious health problems. The Coachella Valley State Implementation Plan (adopted 2003) has been effective in reducing the concentration of PM10 in the valley. (Please refer to the Air Quality Element for more information on PM10.)
Except for protected areas near the base of the Santa Rosa Mountains, most of the planning area is located within an active Wind Erosion Zone.

Sediments subject to erosion underlie the northern portion of the City.

Please see Exhibit IV-5, Wind Erosion Susceptibility Map. 536 Click Here to Return to Agenda
IV-5
City of La Quinta General Plan
Wind Erosion Susceptibility Map
La Quinta, California
Exhibit

09.07.11 Legend
537 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-35

PLANNING FOR THE FUTURE
Local seismic and geotechnical conditions will continue to necessitate careful land use planning to protect the health and safety of residents and their property. The implementation and enforcement of regulations and guidelines such as the Alquist-Priolo Earthquake Fault Zoning act, CEQA Statutes and Guidelines, California Building Code, City zoning ordinance, and other applicable legislation will help manage hazards discussed in this Element.

As development in the area continues to occur, it will be increasingly important for the City to closely coordinate with state, regional and county agencies to update information databases of geotechnical and seismic conditions in the region. Through the development review process, the City must ensure that development proposals are subject to comprehensive geotechnical and safety assessments prior to approval, and that all necessary mitigation measures are implemented.

Public education will continue to be an important means to inform residents on how to reduce potential losses from geotechnical hazards while preparing for possible future disaster scenarios.

GOALS, POLICIES AND PROGRAMS
GOAL GEO-1
Protection of the residents’ health and safety, and of their property, from geologic and seismic hazards.

Policy GEO-1.1
The City shall maintain and periodically update an information database and maps that identify local and regional geologic and seismic conditions.
• Program GEO-1.1.a: The City shall periodically confer with the California Division of Mines and Geology, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the database.

Policy GEO-1.2
The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechnical hazards described in this Element, prepare detailed geotechnical analyses that 538 Click Here to Return to Agenda

SOILS AND GEOLOGY
IV-36
include mitigation measures intended to reduce potential hazards to less than significant levels.

Policy GEO-1.3
The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. • Program GEO-1.3.a: The Building and Safety Department shall review and determine the adequacy of soils and/or other geotechnical studies conducted for proposed projects and enforce the implementation of mitigation measures.

Policy GEO-1.4
The City shall require that all new structures be built in accordance with the latest adopted version of the Building Code.

Policy GEO-1.5
The City shall continue to require that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use, according to law.

Policy GEO-1.6
The City shall coordinate and cooperate with public and quasi-public agencies to ensure that major utilities continue to be functional in the event of a major earthquake.
• Program GEO-1.6.a: The City shall maintain working relationships and strategies between the Public Works Department, utility providers, and other appropriate agencies to strengthen or relocate utility facilities and take other appropriate measures to safeguard major utility distribution systems.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals, and their associated policies and programs, are closely related to those of this Element.

GOAL FH-1: Protection of the health, safety and welfare of the community from flooding and hydrological hazards.
539 Click Here to Return to Agenda
SOILS
AND

GEOLOGY
IV-‐37
THIS
PAGE

INTENTIONALLY
LEFT
BLANK

540 Click Here to Return to Agenda
541 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-39

FLOODING AND HYDROLOGY

PURPOSE
The Flooding and Hydrology Element describes potential drainage and flooding hazards in the City and its Sphere of Influence, as well as the future potential for major flooding.

Other General Plan elements are related to Flooding and Hydrology. The Soils and Geology Element is the most closely related, as the City’s flooding patterns are controlled by its soils and geology. Other related elements include Hazardous Materials and Circulation. The Land Use Element, by which land uses such as open space, developed areas, and essential public facilities, are designated and located is also affected by flooding issues.

There are a number of State regulations and policies that require the City and local and regional agencies (including the Coachella Valley Water District and Riverside County Flood Control and Water Conservation District) to analyze and provide protection from flooding hazards in the community. The joint planning of area-wide drainage plans affecting local jurisdictions is required by Chapter 73 of the Statutes of California (1939). Government Code Section 8401(c), also known as the CobeyAlquist Flood Plain Management Act, mandates local government planning, adoption and enforcement of land use regulations for flood plain management. The Cobey-Alquist Act also sets forth requirements for state financial assistance for flood control measures. Mapping of areas susceptible to dam inundation is established by California Government Code Sections 8589.5 and 65302(g).

BACKGROUND
The desert climate of the Coachella Valley is generally characterized by mild winters and hot, dry
summers. However, the proximity of mountain
ranges, including the San Jacinto and Santa
Rosa Mountains, and associated climatic
542 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-40
zones affect regional conditions. Flooding can result from rapid melting of mountain snowpack, as well as occasional intense thunderstorms.

The latter occur most frequently during the winter months, between November and April, but may also happen as monsoon storms during the summer and early fall (July through September). Storms are generally of short duration but may result in several inches of rainfall in localized areas.

Surrounding mountains average over 25 inches annually, as compared with 3 inches in the Valley, including the La Quinta planning area. Even when the Valley does not receive rain, runoff from mountain slopes can cause flooding, as well as mud and debris flows. Rapid rainfall can quickly saturate dry soils, impeding percolation and increasing runoff.

Hydrological Conditions and Flood Hazards
The valley floor is comprised of a broad, gently sloping basin formed by alluvial fans which have been created from the deeply chiseled mountain canyons of the Santa Rosa Mountains, the Whitewater River floodplain, and sediments of prehistoric lakes. Much of the development in the City and its Sphere occurs on the valley floor, including that portion which lies along the base of the Santa Rosa Mountains in the western portion of the City.

Flooding is a recurring, natural event.

Floodplains are meant to carry excess
waters during flooding. Floodplains can also
be useful for a variety of human uses, such
as agriculture and water supply. However,
flooding becomes a hazard when man-made
structures encroach into floodplains.

Worldwide, floods are among the most
destructive and costly of all natural
disasters, resulting in more deaths per year
than any other geologic hazard.

There are two primary classifications of
flooding that occur in the planning area:
flash floods that occur along natural or man-made channels, and sheet flooding across the valley floor. Flash floods are brief but result in high water volumes and velocities. Because mountain slopes are comprised of impervious rock, little percolation occurs, and waters collect and flow rapidly into channels on the valley floor. These flows can convey large amounts of debris including mud, sand and rock.
543 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-41
When either flood control channels do not exist, an existing channel’s capacity is exceeded, or channels are impacted by debris or structures, storm waters travel across the valley floor, creating the condition known as sheet flow.

Buildings, sidewalks, parking lots, and roadways reduce the area available for natural infiltration of storm water. Water that formerly would have been absorbed may run off if new development does not provide effective storm handling systems. Given that surrounding mountain slopes generally receive greater levels of rainfall, development downstream of canyons and at the base of mountains may be at particular risk.

Stream Flow and Flood Hazard
There are no perennial rivers or streams in La Quinta. Although welldefined in the mountains, on the valley floor most natural drainage channels disperse into braided, ephemeral streams and areas of sheet flow.

The Whitewater River is the main watercourse in the valley. It collects a watershed of more than 1,000 square miles, draining runoff from the San Bernardino, Little San Bernardino, San Jacinto and Santa Rosa Mountains. From its source near the San Gorgonio Pass, it flows southeasterly, ultimately ending at the Salton Sea. Throughout the City, the Whitewater is conveyed
through a man-made channel
known as the Coachella
Valley Stormwater Channel.

Based on historical records
collected by the Army Corps
of Engineers, multiple large
flood events occurred in the
Whitewater River basin
throughout the 1800s. There
were also damaging floods
throughout the 20th century,
with more recent ones
occurring in 1965, 1966, 1969,
and 1976. Two flash floods
occurred in August 2013 and
September 2014, causing damages of $50,623.23 and $813,000, respectively. The maximum flood of record occurred in 1965 in the lower Coachella Valley, where flood flows exceeded 10,000 cubic feet per second (cfs).
544 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-42
Flooding is typically defined in terms of the “100-year flood.” The 100- year flood is the level of flood water expected to be equaled or exceeded every 100 years, on average. In other words, it has a one percent probability of occurring in a given year.

Seismically Induced Flooding
Flooding can occur when water retention and storage structures fail as a result of earthquakes. Such structures may include dams, levees, and above-ground water tanks.

Dam Failure
The California State Water Code, Division 3, contains safety statutes governing dams. The California Office of Emergency Services has determined that the City of La Quinta is not at risk from potential inundation from any existing dams.

Levee Failure
The Coachella Valley Stormwater Channel, the Coachella Canal and Lake Cahuilla are protected by levees. In the event of a severe earthquake, there is potential for lateral spreading of foundation soils. Lateral spreading is a condition where underlying soils move sideways as a result of strong ground shaking (also see Soils and Geology Element) and underlying soils becoming liquefied or fractured. Under these conditions, levee systems could sustain damage or fail entirely. While there are no existing engineering analyses demonstrating the potential inundation area of the Coachella Canal or Lake Cahuilla, complete failure of these levees would impact development directly downstream.

Portions of the Coachella Valley Stormwater Channel (Whitewater River) are concrete-lined and buried under sand for protection. These levees are subject to erosion as well as damage from strong ground shaking due to an earthquake. They are periodically maintained by CVWD. They are further discussed under Flood Control Measures, below. The portion of the Channel that passes through the City between Jefferson Street and Miles Avenue deviates from the natural watercourse. Based on flood insurance studies conducted by the Federal Emergency Management Agency (FEMA), there is potential for a “breakout” along this reach of the river during a 100-year storm. Such a breakout could result in 50% loss of channel capacity and flooding within a portion of the City’s northeast Sphere-of-Influence, as well as in the cities of Indio and Coachella.
545 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-43
Seiching
Ground shaking during earthquakes can result in seiching, or water sloshing, in open bodies of water. Lake Cahuilla, local canals, aboveground storage tanks, detention basins, and even swimming pools may be subject to seiching during earthquakes. Seiching may cause water to overtop or damage containment structures, resulting in inundation of downslope development.

Failure of Above-Ground Storage Tanks
Strong ground shaking can cause structural damage to above-ground water storage tanks, particularly where tanks are not adequately braced and baffled. Pipes leading to the tank may be sheared off and water released. The 1992 Big Bear and 1994 Northridge earthquakes led to revised design standards for steel water tanks, which now utilize flexible joints at connection points to allow for movement in all directions.

Hazards associated with damage to water tanks include inundation of structures down-slope and reduction of potable water supplies for emergency services, such as fire protection. Therefore, evaluating and retrofitting tanks to ensure their structural reliability in the event of an earthquake is crucial. Water supplies in reservoirs should also be kept at or near capacity.

The Coachella Valley Water District (CVWD) reports that there are ten water reservoirs in La Quinta with a total capacity of 44.3 million gallons.

All are constructed of welded steel to current seismic standards, as well as those established by the American Water Works Association.

Bridge Scour
Scour occurs along roadway and railroad bridges when erosion occurs and undermines foundation supports such as abutments or piers. In California, this condition is addressed through a seismic retrofit program that includes inspection of bridge underpinnings. Washington Street and Jefferson Street are the two main
Whitewater River crossings in the City;
these are all-weather crossings.

Additionally, construction of the Adams
Street bridge over the Whitewater River
was completed in 2013. In addition, a
bridge is to be constructed at Dune
Palms to span the Channel. This will
provide a fourth all-weather crossing
over the channel.
546 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-44
Across the La Quinta Evacuation Channel, the Eisenhower Drive and Washington Street crossings are all-weather flood channel crossings.

During and after flooding, the City inspects these crossings for scour damage.

There are also three crossings over the Coachella Branch of the AllAmerican Canal, which is used for irrigation purposes. These occur at Avenue 50, Avenue 52, and Jefferson Street south of Avenue 52. The Coachella Valley Water District (CVWD) strictly manages flows through the canal, and it is not used as a flood control mechanism. These crossings are expected to remain passable during storm events; however, they should be inspected periodically.

Regional Stormwater Management
The Riverside County Flood Control and Water Conservation District (RCFC) is responsible for analysis and design of regional flood control structures. Regional facilities are those that collect runoff from areas outside the City, including surrounding mountains, and are managed by the Coachella Valley Water District (CVWD). CVWD is empowered with broad flood control management responsibilities, which include planning, maintenance and construction of improvements for regional facilities. In the planning area, regional facilities include the Coachella Valley Stormwater Channel (Whitewater River), the La Quinta Evacuation Channel, the Bear Creek System, the East La Quinta Channel and Lake Cahuilla.

Local Drainage Management
The City is responsible for maintenance of local facilities, which collect and convey runoff from local streets and properties to regional channels and basins. The City has recently updated its Master Drainage Plan, which describes existing and planned local facilities. The City utilizes it to manage and document the location and condition of existing stormwater management facilities. It has also been used to obtain FEMA Letters of Map Revision for some flood areas.

Flood Control Facilities
The following describes major flood control facilities in the planning area. The locations of these facilities are shown on Exhibit IV-6, FEMA Flood Zones and Flood Control Facilities.
547 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-45
Whitewater River/Coachella Valley Stormwater Channel
As previously discussed, the Coachella Valley Stormwater Channel is the principal drainage course in the City. Although typically dry, it may become inundated during storm events. The Channel extends approximately 50 miles with an average cross section of 260 feet. It is unlined in most locations, and portions of it are protected by levees. This watercourse generally follows the recent historical natural river path, although as noted above, it deviates from this path through a portion of the City.

Levees along the stormwater channel are FEMA-classified as “Provisionally Accredited Levees,” which indicates they provide protection from the 100-year flood. CVWD was required to submit documentation demonstrating the protection capabilities of these levees to comply with requirements of Section 65.10 of National Flood Insurance Program (NFIP) regulations (Title 44, Chapter 1 of the Code of Federal Regulations). CVWD met this requirement.

Bear Creek System
The Upper Bear Creek System is designed to manage runoff from the Santa Rosa Mountains. The system is located along the southerly and westerly edges of the Cove and includes the Upper Bear Creek Training Dike, Upper Bear Creek Detention Basin, Bear Creek, and Bear Creek Channel. Runoff from a 1.7 square mile drainage area is diverted by the dike, which directs it along Bear Creek to the detention basin. The Basin has a storage capacity of 752 acre-feet. Outflows enter the Bear Creek Channel, an approximately 2.5-mile long channel with capacity to convey the 100-year flood. Smaller canyons also drain into the channel. Channel flows continue downstream into the La Quinta Evacuation Channel, ultimately discharging into the Coachella Valley Stormwater Channel.

The City has applied to FEMA for accreditation of the training dike and is awaiting receipt of the formal accreditation letter.

East La Quinta System
This system is located along the southeastern edge of the Cove and is intended to collect drainage from hills east and south of Calle Bermudas.

The system is comprised of the East La Quinta Channel and several detention basins. Flows are carried to the La Quinta Evacuation Channel. 548 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-46
La Quinta Evacuation Channel
The La Quinta Evacuation Channel extends approximately 3.5 miles northeasterly from the Bear Creek Channel, through developed areas of the City, to the Coachella Valley Stormwater Channel. It is primarily intended to capture and transport stormwater from various flood control systems in the City.

Dikes
In addition to the Bear Creek Training Dike, there are several other dikes located near the base of mountains in the City. These have been constructed to protect developed areas from runoff from mountain slopes, and include three dikes constructed by the Bureau of Reclamation: the Eastside Dike, constructed to protect the Coachella Branch of the All-American
Canal; and Dike 2 and Dike
4, which total 5.2 miles
south and southeast of
Lake Cahuilla, respectively,
and were built to protect
Lake Cahuilla and lands
between Avenue 58 and
Avenue 66. Dike 4 is
accredited by FEMA; Dike 2
is not yet accredited.
549 Click Here to Return to Agenda
550 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-48
Flood Hazard Mapping
The National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 require that the Federal Emergency Management Agency (FEMA) evaluate flood hazards and provide affordable flood insurance to residents of communities where future floodplain development is regulated. To determine the need for and availability of federal flood insurance, FEMA has developed Flood Insurance Rate Maps (FIRMs) for many areas in the United States. The Floodplain Administrator for the City of La Quinta is the City Engineer.

Data compiled for La Quinta and its Sphere of Influence are shown on Exhibit IV-6. Applicable flood zones, as shown on this map, include:
• Zone A: Areas of 100-year flood where no base flood elevations or depths are shown. Requires flood insurance.
• Zone AE: Areas of 100-year flood where base flood elevations or depths are shown. Requires flood insurance.
• Zone AO: Areas of 100-year flood with average depths of 1 – 3 feet, generally from sheet flow on sloping terrain. Requires flood insurance.
• Zone X: Areas of 500-year flood with average depth of less than 1 foot or less than one square mile drainage area; and protected by levees from 100-year flood. No base flood elevations or depths are shown. Flood insurance available, but not required.

As shown on the map, areas within the planning area that are within the 100-year flood plain (Zones A, AE, or AO) include the Coachella Valley Stormwater Channel, the La Quinta Evacuation Channel, Bear Creek Channel, and detention basins, as well as golf course (The Quarry).

Portions of the area north and south of the Coachella Valley Stormwater Channel, the entire Cove area, several areas south and southeast of Lake Cahuilla, and a portion of the City’s eastern Sphere of Influence are within Zone X.

Land Use Planning as a Flood Control Strategy
One of the most effective and direct means of controlling flooding and protecting lives and property is through land use planning. This may include designing flood control structures so that stream courses are left in a naturalized state or developed as open space for parks or golf courses.

Portions of the planning area are mapped within the 100-year floodplain.

Others may be subject to sheet flow where natural channels emanating from mountain streams and canyons lose definition on the valley floor.

Restricting the type and location of structures near major drainages can 551 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-49
limit exposure of people, structures and other improvements to flood hazards and reduce potential losses. Development should be strictly limited within 100-year floodplains to uses that do not provide for human habitation. No critical facilities should be located within floodplains. The City enforces provisions for flood hazard reduction in Municipal Code Chapter 8.11 Flood Hazard Regulations. These provisions cover development permit requirements and standards of construction and standards for utilities, subdivisions and manufactured homes in special flood hazard areas.

Other Flood Control Measures
The Clean Water Act (CWA) was enacted in 1972 and was intended to set goals for restoring and maintaining water quality through reduction of point-source pollution by industry and sewage treatment facilities. A 1987 amendment further required that states reduce runoff into waterways. The National Pollutant Discharge Elimination System (NPDES) implements these requirements by mandating the adoption of stormwater management plans and programs to reduce runoff of pollutants in storm water systems into waters of the United States.

In California, the NPDES is administered by the State Regional Water Quality Control Board, which issues NPDES permits to local jurisdictions.

In Riverside County, the NPDES is a joint permit system among the Riverside County Flood Control and Water Conservation District (RCFC), Riverside County, CVWD, and all Riverside County cities, including La Quinta.

PLANNING FOR THE FUTURE
The City of La Quinta, Riverside County, and the Coachella Valley Water District have worked closely together to proactively plan for and protect developed areas from significantflooding. Development within 100-year floodplains is limited to flood control channels, detention or retention basins, and golf courses that dually serve as retention basins.

New flood control facilities should be designed to protect other environmental resources and retain watercourses in a natural state or for use as open space, whenever feasible.

Some areas of the City are still subject to localized flooding. These hazards should be addressed through the continued enforcement of requirements for on-site retention facilities.

FEMA mapping also shows areas that are considered subject to flooding from storms stronger than the 100-year storm. Moderate flood hazards are also mapped within undeveloped areas, particularly in the Sphere of 552 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-50
Influence. However, in some portions of the General Plan area, some study areas are limited, and flood zone mapping is incomplete. As a result, there are some areas outside of the mapped flood zones that are likely to be subject to flooding. The City should coordinate with FEMA and other agencies for more complete mapping to define flooding hazards.

Seismic hazards could place storage tanks, lakes, detention basins, levees, dikes or other water storage or retention facilities at risk. Future planning for new development should consider the potential for flooding and continue to limit or prohibit structures in areas subject to the 100-year storm.

GOALS, POLICIES AND PROGRAMS
GOAL FH-1
Protection of the health, safety and welfare of the community from flooding and hydrological hazards.

Policy FH-1.1
The City shall monitor and update its 2009 Master Drainage Plan every 5 years, or as needed, to reflect changes in local and regional drainage and flood conditions.

Policy FH-1.2
The City shall coordinate efforts to update floodplain mapping in all areas of the City, particularly those where potential flood impacts are not yet known.
• Program FH-1.2.a: The City shall coordinate and cooperate with CVWD in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary.

Policy FH-1.3
The City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. • Program FH-1.3.a:New development shall continue to be required to construct on-site retention/detention basins and other necessary stormwater management facilities that are capable of managing 100-year stormwater flows.
553 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-51
Policy FH-1.4
The City shall coordinate with CVWD regarding the implementation of measures which protect bridge crossings from the scouring and erosive effects of flooding.
• Program FH-1.4.a: The Public Works Department will work with CVWD to inspect bridge crossings for scour damage during and after significant flooding events.
• Program FH-1.4.b: The City shall coordinate with the appropriate state agencies to participate in the state’s bridge scour inventory and evaluation program.

Policy FH-1.5
The City shall coordinate with CVWD to minimize the potential for the occurrence of inundation from levee or water tank failure, including seismically induced inundation.
• Program FH-1.5.a: The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural safety of the levees around Lake Cahuilla and along the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel.
• Program FH-1.5.b: The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural integrity of above-ground water tanks and reservoirs, and where needed, the implementation of bracing techniques to minimize potential structural damage and/or failure.

Policy FH-1.6
Major drainage facilities, including debris basins, retention/detention basins, and flood control facilities shall provide for the enhancement of wildlife habitat and community open space to the greatest extent feasible, while still maintaining their functional qualities.

Policy FH-1.7
New critical facilities shall not be constructed within the boundaries of the 100-year flood plain.
554 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-52
Policy FH-1.8
Development within drainage areas and stormwater facilities shall be limited to recreational uses such as golf courses, lakes, sports or play fields, and similar uses.

Policy FH-1.9
The City shall periodically monitor and update, as needed, evacuation routes to ensure safe ingress and egress for residents and emergency vehicles in the Cove and southern neighborhoods in the event of a major flood.
• Program FH-1.9.a: The City shall provide maps and other information concerning evacuation routes to residents of the Cove, Riverside County Fire Department, Sheriff’s Department and other appropriate agencies.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals, and their associated policies and programs, are closely related to those of this Element.

GOAL GEO-1: Protection of the residents’ health and safety, and of their property, from geologic and seismic hazards.

GOAL WR-1: The efficient use and conservation of the City’s water resources.
555 Click Here to Return to Agenda

FLOODING AND HYDROLOGY
IV-53

THIS PAGE INTENTIONALLY LEFT BLANK
556 Click Here to Return to Agenda
557 Click Here to Return to Agenda

HAZARDOUS MATERIALS
IV-55

HAZARDOUS MATERIALS

PURPOSE
The Hazardous Materials Element addresses the potential hazards associated with the storage, use, and transport of hazardous materials in and through the City.

Public safety must be addressed in the General Plan, in conformance with California Government Code 65302(g). Hazardous materials represent one of the issues associated with public safety.

This Element is closely related to the Emergency Services Element. The City’s first responders ensure public safety in the event of a hazardous materials spill or release. This response includes isolation, evacuation (if warranted), identification, containment and proper disposal of the hazardous materials, as well as proper notification to other agencies. It is also related to the other components of the Environmental Hazards Chapter – the Soils and Geology Element and the Flooding and Hydrology Element. Finally, the location of land uses which use, store, or transport hazardous materials ties this Element to the Land Use Element, insofar as it is important for the City to assure that sensitive land uses, such as residences and schools, are buffered from exposure to hazardous materials to the greatest extent possible.

BACKGROUND
Hazardous materials are those chemicals, oils, and other substances which have the potential to be toxic. They range from fertilizers, pesticides and automotive products, to pool chemicals and chlorine products. If hazardous materials are improperly stored, used or transported, they can be released into the air, soil or water and cause harm to the City’s residents, business people and visitors. As a result, hazardous materials are highly
regulated, particularly in commercial and industrial
applications. A number of regional, State and
federal agencies have responsibility for
managing and regulating these materials.
558 Click Here to Return to Agenda
At the federal level, the Environmental Protection Agency (EPA) has primary responsibility for the regulation of hazardous materials. The California Environmental Protection Agency and the Department of Toxic Substances Control are the primary State agencies which deal with hazardous materials. At the regional level, the Riverside County Department of Environmental Health monitors and regulates hazardous materials use and disposal throughout the County, including in the City and its Sphere of Influence. If contamination of a water source occurs, the Regional Water Quality Control Board has enforcement powers. The City’s Emergency Services Division, Fire and Police Departments would be called upon in the event of a spill or similar emergency relating to hazardous materials within City limits (please see the Emergency Services Element for further discussion of emergency services).

In order to coordinate efforts relating to hazardous materials management, the County has developed a Hazardous Waste
Management Plan (HWMP), which addresses the proper disposal, processing, handling, storage and treatment of hazardous materials.

The City has also adopted the HWMP and implements it at the local level.

In the City, hazardous materials are limited to small quantity generators (those generating less than 1,000 kilograms of hazardous waste per month), ranging from individual households which store cleaning solutions and automotive products, to service stations and medical clinics, which may store or use larger quantities of hazardous materials.

Household hazardous waste can be disposed of properly through Household Hazardous Waste disposal events, or at a network of “ABOP” facilities operated by the County Waste Management Department. An ABOP – or Antifreeze, Batteries, Oil, Paint – facility is located in Palm Springs and is open regularly to accept these materials, as well as electronic waste. Household Hazardous Waste disposal events are held periodically at varying locations throughout the County, including cities in the Coachella Valley.

The most common commercial uses which use hazardous materials in the City are service stations, which not only use and store fuels and oils, but also operate underground storage tanks, which have the potential to contaminate soils and water supplies if not properly maintained.

Other commercial users include dry cleaning operations, pool cleaning or supply stores, and automotive supply stores. Commercial and industrial users are responsible for meeting the requirements of the County Department of Environmental Health. These requirements include the proper disposal of hazardous materials through a number of licensed contractors specializing in these materials.
559 Click Here to Return to Agenda

HAZARDOUS MATERIALS
IV-57
In the event of a spill or leak of hazardous materials, initial response would be made by the closest fire engine company, followed by response from a dedicated Hazardous Material Response Team (HMRT).

The Riverside County Fire Department operates a Hazardous Materials Team, which operates throughout the County and responds to incidents when necessary.

PLANNING FOR THE FUTURE
As the City and its Sphere of Influence build out, the number of hazardous materials storage and use locations is likely to increase.

Further, the eastern edge of the Sphere occurs immediately adjacent to the Jacqueline Cochran Regional Airport, and commercially and industrially designated lands in that area may include businesses which store, use and transport airplane-related hazardous materials.

The City’s continued participation in regional programs and coordination with County departments with responsibility for hazardous materials will be important in the future. The City’s Emergency Services Division and City Hall facilities dedicated to emergency management will require expansion as population grows, to assure that the City can respond effectively to emergencies relating to hazardous materials.

GOALS, POLICIES AND PROGRAMS
GOAL HAZ-1
Protection of residents from the potential impacts of hazardous and toxic materials.

Policy HAZ-1.1
The storage, transport, use and disposal of hazardous materials shall comply with all City, County, State and federal standards. • Program HAZ-1.1.a: Continue to coordinate with all appropriate agencies to assure that local, State and federal regulations are enforced.
• Program HAZ-1.1.b: Development plans for projects which may store, use or transport hazardous materials shall continue to be routed to the Fire Department and the Department of
Environmental Health for review.
560 Click Here to Return to Agenda
• Program HAZ-1.1.c: The City’s Emergency Services Division shall maintain a comprehensive inventory of all hazardous waste sites within the City, including underground fuel storage tanks.

Policy HAZ-1.2
To the extent empowered, the City shall regulate the generation, delivery, use and storage of hazardous materials.
• Program HAZ-1.2.a: All facilities which produce, utilize, store or transport hazardous materials shall be constructed in strict conformance with all applicable Building and Fire Codes.

Policy HAZ-1.3
Support Household Hazardous Waste disposal.
• Program HAZ-1.3.a: Continue to work with the County to assure regular household hazardous waste disposal events are held in and around the City.
• Program HAZ-1.3.b: Educate the City’s residents on the proper disposal of household hazardous waste through the City’s newsletter and by providing educational materials at City Hall.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals, and their associated policies and programs, are closely related to those of this Element.

GOAL ES-1: An effective and comprehensive response to all emergency service needs.

GOAL PF-1: Public facilities and services that are available, adequate and convenient to all City residents.
561 Click Here to Return to Agenda

HAZARDOUS MATERIALS
IV-59

THIS PAGE INTENTIONALLY LEFT BLANK
562 Click Here to Return to Agenda
563 Click Here to Return to Agenda

FIRE HAZARDS
IV-61

FIRE HAZARDS

PURPOSE
The Fire Hazards Element identifies existing fire hazards in the planning area and describes the regulatory environment to effectively manage these hazards. This element relates to several other General Plan elements, including Emergency Services, Circulation, and Water, Sewer and Other Public Utilities.

California Government Code and Public Resources Code require the inclusion of fire risk analysis in the General Plan Safety Element. Per Government Code Section 65302 (g)(3), this Element follows the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” (May 2015). This Element sets forth goals, policies, and programs that will safely manage fire hazards in the City and Sphere of Influence, and guard the general health, safety, and welfare of the community from potential impacts associated with fire hazards.

BACKGROUND
Fires are generally classified into two types based on where they occur:
vegetation fires and urban or structural fires. The largest land mass (53.3% of total land area) in the City is Natural and Recreational Open Space designated in the General Plan, which primarily takes up the southwestern portion of La Quinta and is also interspersed throughout the City. Other land uses include primarily residential (31.7%), commercial (4.4%), community facilities and roadways, most of which are built out with vacant infill sites. The SOI consists of mostly residential land uses (91.3%), some commercial uses (3.5%), and minimal industrial uses (<1%).

Wildland Fire Hazards
A wildfire is an uncontrolled fire spreading through vegetative fuels and exposing or possibly consuming structures. Wildfire is a common natural process in many of California’s ecosystems. However, they can cause harm as more development sprawls into wildland, creating wildland – urban interfaces (WUI) where wildfires pose a threat to human life and property.
564 Click Here to Return to Agenda

FIRE HAZARDS
IV-62
In southern California, typically mild, wet winters result in an annual growth of grasses and plants that dry out during the hot summer months. This dry vegetation provides fuel for wildfires in fall, especially when hot, dry winds blow across the region in the late fall due to Santa Ana conditions that intermittently impact the area. These conditions contribute to spreading of wildfires, which often begin unnoticed and spread quickly to burn large areas before they are contained.

Although the City is not in a wilderness area, the threat of a wildland fire in or near is high due to the wildland - urban areas in and around the City.

Significant development in La Quinta and surrounding areas are considered WUI, and many of these areas have experienced prolonged droughts or are excessively dry and at risk of wildfires. In addition, the Santa Ana winds can help spread wildfires in the community. Wildland fire hazards exist in varying degrees over approximately 90% of Riverside County and the City of La Quinta throughout open space, parklands and agricultural areas. The fire season extends approximately 5 to 6 months, from late spring through fall. A combination of undeveloped and rugged terrain, highly flammable brush-covered land, and long dry summers may contribute to wildfires. Structures with wood shake roofs ignite easily and produce embers that can contribute to fire spread. Post-fire hazards may include a new area of potential landslide when burned and defoliated areas are exposed to winter rains.

Based on historical data from 2013 to March 2021, no wildfire occurred within the City and SOI. There were three fires near the SOI, the largest being the Shady Fire in Thermal, a vegetation fire that burned 130 acres in May 2019. The other two were Van Buren Fire (March 2014) which burned 57 acres and 54 Fire (May 2013) which burned 40 acres.

The California Department of Forestry and Fire Protection (CalFire) ranks fire hazard of wildland areas of the state using four main criteria:
fuels, weather, assets at risk, and level of service. As shown in Exhibit IV7, there are no state responsibility areas or very high fire hazard severity zones (VHFHSZ) in the City and SOI.

Urban and Structural Fire Hazards
The urban areas in La Quinta face the common threat of urban/structural fires as other communities. There is no unusual fire risk, fire spread risk or death and injury risk according to the Fire-Community Assessment Response Evaluation System (FireCARES), a "big data" analytical system providing information on capacity and capability of local fire departments in regard to the risk environment they are called to respond.
565 Click Here to Return to Agenda

FIRE HAZARDS
IV-63
The National Fire Protection Association (NFPA) defines low, medium, and high hazard structures as follows:
• High-Hazard Occupancies - High-rise buildings, hospitals, schools, nursing homes, explosive plants, refineries, public assembly structures, and other high life hazard or large fire potential occupancies.
• Medium-Hazard Occupancies - Apartments, offices, mercantile and industrial occupancies that may require extensive use of fire fighting forces.
• Low-Hazard Occupancies - One-, two- or three-family dwellings and scattered small business and industrial occupancies.

Of the 36,762 total structures protected in La Quinta, the majority are low-hazard occupancies, with around 6,000 medium-hazard occupancies and few high- and unknown- hazard occupancies. From 2006 to 2016, the number of structure fires ranged from 4 to 30, and all below 20 except in 2007.

Peak Water Demand and Supply
The City continues to coordinate between the Fire Department and CVWD to ensure adequate water supplies for fire suppression in La Quinta. CVWD provides water services to La Quinta and has a total groundwater storage capacity of approximately 28.8 million acre-feet (one acre-foot equals 325,850 gallons) in the Whitewater River Subbasin underlying the Coachella Valley. The California Fire Code Section B105 imposes fire-flow requirements for buildings based on their size and construction type. For example, detached single-family dwellings, duplexes and townhouses with no automatic sprinkler system should have a minimum fire-flow of 1,000 gallons per minute for 1-hour duration (under 3,600 square feet calculation area). CalFire updated the 2010 Strategic Fire Plan in 2018, building on past success and lessons to coordinate Unit Fire Plans that address risks, fire protection needs, and strategies with other levels of fire plans and community wildfire protection plans to provide one consistent approach.
566 Click Here to Return to Agenda
567 Click Here to Return to Agenda

FIRE HAZARDS
IV-65

PLANNING FOR THE FUTURE
As the City and SOI are built out, the community will continue to face potential fire hazards from wildfires and urban/structural fires. As discussed in detail below in the Climate Change Element, fire risks may be exacerbated by conditions such as prolonged droughts, extreme weather including heat, and altered precipitation patterns associated with climate change.

The implementation and enforcement of standard requirements such as California Building Code, California Fire Code, La Quinta Municipal Code, CEQA Statutes and Guidelines, and other applicable legislation will help manage fire hazards discussed in this Element. The City should assume the increasingly important role to closely coordinate with state, regional and county agencies to make current information and
resources available to the community, and ensure adequate planning and daily operation as directed by laws and regulations. Through the development review process, the City must ensure that development proposals are reviewed by the Fire Department and incorporate adequate fire prevention measures prior to approval.

GOALS, POLICIES AND PROGRAMS
GOAL FIRE‐1
Protection of the community and its property from the unreasonable risk of wildfire.

Policy FIRE---1.1
The City shall minimize the exposure of the community and its property to the impacts of wildland and structural fires.
• Program FIRE-1.1.a: The City shall require and enforce active vegetation management in the open space areas and urban areas. The City shall coordinate with the Fire Department and Homeowner Associations to ensure adequate maintenance of landscape and open areas and minimize potential fire hazard from overly dry or dead vegetation and debris.
• Program FIRE-1.2.a: The City shall require future development in the vicinity of Moderate or Very High Fire Hazard Severity Zones to comply with Riverside County Fire Department safety
recommendations for fuel modification plans and
clearance/defensible space around property.
568 Click Here to Return to Agenda

FIRE HAZARDS
IV-66
• Program FIRE-1.3.a: The City shall adhere to the guidelines set forth in the County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan and the City’s Local Hazard Mitigation Plan. • Program FIRE-1.4.a: Through the City’s existing partnership with HERO and Ygrene, the City shall disseminate information on use of metal or tile roofing, minimum of dual-pane windows, and fire retardant materials that reduce potential risk and damage in a fire event.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals and their associated policies and programs are closely related to those of this Element.

GOAL ES‐1: An effective and comprehensive response to all emergency service needs.

GOAL UTL-1: Domestic water facilities and services which adequately serve the existing and long‐term needs of the City. 569 Click Here to Return to Agenda

CLIMATE CHANGE
IV-67

CLIMATE CHANGE

PURPOSE
The Climate Change Element looks into the impacts of climate change specifically for the planning area and identifies strategies for community-wide adaptation and resilience. Planning and other efforts to reduce climate change impacts are addressed in many other General Plan elements, including Chapter II Community Development (e.g.

Circulation, Housing) and Chapter III Natural Resources (e.g. Air Quality, Energy and Mineral Resources).

California Government Code Section 65302(g)(4) requires the Safety Element to address climate adaptation and resiliency strategies applicable to the city upon the next revision of a local hazard mitigation plan on or after January 1, 2017. This Element utilizes existing data and projections to assess risks to the community, current and future needs and available resources, and considers advice provided in the Office of Planning and Research’s General Plan Guidelines to identify goals, policies and programs to build an adaptive and resilient community under climate change.

BACKGROUND
Climate change is an umbrella term for local, regional, and global climate-related changes associated with a drastic increase in greenhouse gas content in the atmosphere, most notably carbon dioxide since 1950. The most prominent phenomena of climate change include an overall warming trend especially in the past 40 years, reduction in ice sheets and glaciers, decreased snow cover, sea level rise, and extreme weather events. California is most impacted in the following areas: altered precipitation patterns that contribute to prolonged droughts, extreme weather including intense heat and storms, more frequent wildfire and related hazards.

As characterized in the Air Quality Element, La Quinta, as part of Coachella Valley, is in a California low desert climate with intense dry heat in summer with very rare storms and occasional rainfall in winter. 570 Click Here to Return to Agenda

CLIMATE CHANGE
IV-68
Hazards associated with climate change facing the community are mainly extreme summer heat, wildfire, and those tied to precipitation patterns such as drought, flood, and wildfire.

Temperature
Average Temperature
The annual average maximum temperature is projected to increase despite variations throughout this century. The historical record from 1950 to 2005 did not show much change, starting at 87.7°F (1950), with a high of 88.1 °F (1989), and ending in 86.6°F (2005). In this century, different models project the annual average maximum temperature to increase between 3 to 9.1°F under the scenario of emissions peak around 2040, then decline. Currently, the annual average maximum temperature for La Quinta is approximately 84°F. It will rise to 89.1°F in 2040 for average modeled projections. Local temperature has been recorded to go as high as 123°F and as low as 13°F since the 20th century.

Extreme Summer Heat
Extreme heat hazards can take the form of single extreme heat days or heat waves. When coupled with power outage, heat conditions can pose an imminent danger to residents, such as dehydration and heat stroke. According to the Cal-Adapt Tool used to gather data for this Element, an extreme heat day is defined as a day in a year when the daily maximum/minimum temperature exceeds the 98th historical percentile of daily maximum/minimum temperatures based on observed historical data from 1961–1990 between April and October. This threshold is 110.9°F for the City of La Quinta. While there is no universal definition of a heat wave, Cal-Adapt Tool defines a heat as a period of 4 consecutive extreme heat days or warm nights when the daily maximum/minimum temperature is above the extreme heat threshold.

Similar to the annual average maximum temperature, the number of heat days in a year shows an overall increasing trend despite year-toyear variations (Exhibit IV-8). As described in the Emergency Services Element, the City undertakes proactive hazard management through its Local Hazard Mitigation Plan (LHMP, updated in 2017) and participation in the Riverside County’s LHMP. La Quinta participates with the Riverside County Office of Emergency Services plan for extreme heat conditions and has a cooling station located at the La Quinta Wellness Center on 78450 Avenida La Fonda.
571 Click Here to Return to Agenda
572 Click Here to Return to Agenda

CLIMATE CHANGE
IV-70
Precipitation
Across the state of California, there are wet and dry years. Research suggests that wet years will likely become wetter, and dry years will become drier and occur in consecutive years, potentially leading to drought. Precipitation patterns will shift toward more intense storms with a shorter wet season, which is already seen in some areas with larger year to year fluctuations. This may impact snow packs, an important source for much of the state’s surface water. Altered, irregular precipitation patterns may contribute to drought, flood, and even wildfire hazards. Combined with temperature change, more natural and human processes may be affected such as growth season and spread of infectious diseases.

La Quinta had an average rainfall of 4.2 inches during 1961 to 1990, which is 93 percent less than the average in California. Similar to the overall state trend, La Quinta is not expected to see any significant changes in average annual precipitation in the next 50-75 years. The annual average precipitation is modeled to increase between 0.044 to 0.047 inches in mid-century (2035-2046), and 0.053 to 0.080 inches in end-century (2077-2099) under different emission scenarios. While this would not have a significant impact on La Quinta due to groundwater as the predominant water source, it is critical to conserve water and design adequate drainage and flood control systems to prepare for unexpected events.

Wildfire
Many factors come into play for the frequency, severity and impacts of wildfires, such as development patterns, temperature increases, precipitation change, wind patterns and pest infestations. While it is hard to project the location and progress of fires, the model results show how factors influencing risk of wildfires will change and thus help estimate how fire risk will change. As seen in recent years, much of California will be exposed to higher risk of wildfire, and an earlier, longer fire season with more extreme fire events.

Similar to the state-wide trend, La Quinta may also face increased risk to wildfire. Change in precipitation patterns may affect vegetation growth, and can create more fuel load when heat and drought happen at the same time and further dry plants. As described above in the Fire Hazards Element, the City should monitor the vast open areas to reduce potential fire risks. Wildfires from nearby cities and communities can also pose health hazards to La Quinta residents due to exposure to smoke. Smoke from wildfires contain such substances as carbon monoxide, hydrocarbons and other organic chemicals, nitrogen oxides, 573 Click Here to Return to Agenda

CLIMATE CHANGE
IV-71
trace metals, and fine particulate matter that may cause both acute and chronic health impacts in a large population. Smoke may cause eye irritation, compromise of respiratory system, and the greatest impacts to people with chronic heart and lung disease, including asthma, with age being a complicating risk factor.

Please see Fire Hazards Element above for more details regarding wildfire in La Quinta.

Local Hazard Mitigation Plan
The City maintains a Local Hazard Mitigation Plan (LHMP) in a five-year update cycle, which identifies hazards and vulnerabilities, provides mitigation strategies, and coordinates all institutions for disaster mitigation planning and actions within the City. The LHMP was last updated in 2017, and identified specific hazards including earthquake, flood, extreme weather, and drought. The City establishes procedures and responsibilities for City personnel in its adopted Emergency Operations Plan (EOP), including planning and designation of evacuation routes under different scenarios. The EOP is available on the City’s website under Emergency Management and described in detail in the General Plan Emergency Services Element.

The City also participates in the County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP), which was updated in 2017. Similar to the local LHMP, the County LHMP identifies and evaluates the County’s hazards and vulnerabilities and provides mitigation actions based on resources available in the County. The County LHMP consists of the Riverside County Operational Area Plan and the individual Annexes, including the City of La Quinta LHMP that are linked to the Operational Area Plan, other County plans including the General Plan, and the State Hazard Mitigation Plan. The County LHMP identified main hazards in the County similar to those faced by La Quinta, and provided ongoing mitigation strategies specifically for earthquake, flood, and fire as well as all hazard strategies.

PLANNING FOR THE FUTURE
Science and research on climate change, especially understanding and projecting the impacts on regional and local levels, are constantly evolving. The City shall take an active role in coordinating with all levels of government agencies to keep current information and projections on climate change. The City shall feed these into policy making and review the adaptation and resiliency strategies on a timely basis. 574 Click Here to Return to Agenda

CLIMATE CHANGE
IV-72
It will gradually become normal for the City to consider reducing, mitigating, and adapting to climate change in nearly all aspects of planning and operation in the community. By keeping up with the current science and legislation on the regulatory side, the City is on track to prepare the community for a changing climate. It is also vital to inform, educate, and engage the public to maximize individual efforts and benefit the community and beyond, such as water and energy conservation measures discussed in other General Plan Elements.

GOALS, POLICIES AND PROGRAMS
GOAL CLI‐1
Protection of the health, safety and welfare of the community through building adaptation and resiliency to climate change.

Policy CLI---1.1
The City shall identify and assess population vulnerabilities to the impacts of climate change and related hazards in the City. • Program CLI-1.1.a: The City shall incorporate a full vulnerability assessment in its next update (2022) of the Local Hazard Mitigation Plan (LHMP) according to Phase 2 of the California Adaptation Planning Guide. Information should be gathered during annual monitoring and update of the LHMP in this fiveyear cycle. • Program CLI-1.1.b: The City shall review and circulate findings of the vulnerability assessment with applicable City departments to carry out necessary actions to protect the vulnerable
populations, assets, and functions.

Policy CLI---1.2
The City shall develop new strategies, or modify and update existing strategies within its regulatory capabilities in response to the impacts of climate change and related hazards.
• Program CLI-1.2.a: The City shall review the latest publications and regulations on climate change adaptation to inform future policy making, including maintenance of the Emergency Operations Plan, Local Hazard Mitigation Plan update, and General
Plan/Specific Plans and updates.
575 Click Here to Return to Agenda

CLIMATE CHANGE
IV-73
• Program CLI-1.2.b: During development review process, avoid new development that increase the risk to climate-related hazards, or redevelopment that worsens the existing vulnerability as identified in the LHMP, General Plan, CEQA or other regulatory documents.

Policy CLI---1.3
The City shall conduct effective communication on climate change adaptation to reach all segments of the community and encourage active participation at all levels.
• Program CLI-1.3.a: Consider disseminating current information and/or key updates on climate change adaptation on the City website such as under Local Resources, during the annual community workshop, and other local events including farmer’s market.
• Program CLI-1.3.b: Ensure a sound and effective emergency communication system as planned in the LHMP and Emergency Operations Plan, and consider new media streams such as widely used mobile applications by the community.

RELATED GOALS
As described above, this Element relates to others in this General Plan.

The following Goals and their associated policies and programs are closely related to those of this Element.

GOAL ES‐1: An effective and comprehensive response to all emergency service needs.

GOAL FH-1: Protection of the health, safety and welfare of the community from flooding and hydrological hazards.

GOAL FIRE‐1: Protection of the community and its property from the unreasonable risk of wildfire.

GOAL SC‐1: A community that provides the best possible quality of life for all its residents.

GOAL EM-1: The sustainable use and management of energy and mineral resources.
576 Click Here to Return to Agenda

CLIMATE CHANGE
IV-74
NOISE...........................................................................................................1 SOILS AND GEOLOGY ...............................................................................19 FLOODING AND HYDROLOGY................................................................. 39 HAZARDOUS MATERIALS........................................................................ 55 FIRE HAZARDS ..........................................................................................61 CLIMATE CHANGE.................................................................................... 67 Table IV-1 Existing 24-Hour Noise Levels at Monitored Locations .......... 5 Table IV-2 Existing Short-Term Noise Levels ............................................ 6 Table IV-3 Land Use Compatibility for Community Noise Environments 8 Table IV-4 Build Out Noise Levels.............................................................. 9 Exhibit IV-1 Airport Noise Contours.........................................................13 Exhibit IV-2 Faults and Historical Seismicity Map ...................................23 Exhibit IV-3 Seismic Hazards Map .......................................................... 26 Exhibit IV-4 Geologic Map of the Study Area ........................................ 29 Exhibit IV-5 Wind Erosion Susceptibility Map........................................ 34 Exhibit IV-6 FEMA Flood Hazard Zones Map......................................... 47 Exhibit IV-7 Fire Hazard Severity Zones Map..........................................64 Exhibit IV-8 Number of Extreme Heat Days per Year to 2100 ...............69 577 Click Here to Return to Agenda
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Danny Castro, Director
Design and Development Department
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Danny Castro:

RE: City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of La Quinta’s revised draft housing element update received for review on September 27, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on November 22, 2021 with Planning Manager Cheri Flores, and the City’s consultant Nicole Criste.

The draft element addresses many statutory requirements described in HCD’s July 9, 2021 letter; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

The City’s statutory deadline to adopt a housing element was October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.

November 23, 2021
ATTACHMENT 1
578 Click Here to Return to Agenda
Danny Castro

Page 2 ends

Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions.

The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the County to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD appreciates the hard work and dedication of Planning Consultant, Nicole Criste, in preparation of the City’s housing element. If you have any questions or need additional technical assistance, please contact Tristan Lanza, of our staff, at [email protected].

Sincerely,
Senior Program Manager
Paul McDougall
579 Click Here to Return to Agenda
City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 1 November 24, 2021

APPENDIX

CITY OF LA QUINTA
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
While the revised element referenced the programs serving the special needs populations in the 5th cycle, it did not an provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of those populations.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): While the element identifies a R/ECAPs in the City, the element must include analysis of the area such as trends, conditions and past efforts and their effectiveness in combination with concentrated areas of affluence.

Displacement: While the element provides the overall rate of overcrowding, it must also include an analysis of patterns and trends at a local and regional level and address displacement risks.

Site Inventory: While the element has an analysis of sites in relation to affirmatively furthering fair housing (AFFH), the element must contain an identification and evaluation of sites relative to the full scope of assessing fair housing ( e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, disproportionate access to opportunity), the site inventory must contain an identification and analysis of selected sites with accompanying maps that indicated the number of projected units for each site and represent the assumed affordability (i.e., lower, 580 Click Here to Return to Agenda
City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 2 November 24, 2021
moderate and above moderate) with an evaluation of each site to socio-economic patterns. This analysis should cover all income levels and assess the extent to which projected development of sites will wither further exacerbate or further ameliorate existing patterns of segregations and/or exclusion of members of protected classes.

Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis as listed above. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.

Please see HCD’s AFFH memo for more information:
https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf#page=23.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)
Approved Projects: The revised element states that Sites 15-20 (p. 142), and Site 10 (p. 147) are part of approved housing projects but does not include information on those projects, including when they were entitled, if any additional entitlements are needed prior to completion or when construction is expected to be completed. In addition, Table II-50 appears to indicate that these are vacant sites available for development. The element should clarify the status of these sites and clearly indicate if these sites have projects that have approvals. A complete site inventory on the forms developed by HCD mentioned above will assist in this analysis.

Sites Inventory: The revised draft element provides data on the City’s site inventory in Table II-50. However, the data is insufficient to determine the adequacy of all sites since the inventory aggregates available sites by Map Keys and APNs. The inventory must provide a parcel listing of sites by APN, along with parcel size, zoning, general plan designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site.

Lot Consolidation: The revised draft element now include analysis relative to the consolidation of city-owned sites within the inventory. However, it does not include analysis for those non city-owned sites that are identified to accommodate the need for lowerincome comprised of multiple parcels (e.g. Site 1,2,7,9 and 11). For example, the analysis should describe the City’s role or track record in facilitating small-lot consolidation by affordability level, policies or incentives offered or proposed to encourage and facilitate lot 581 Click Here to Return to Agenda
City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 3 November 24, 2021
consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site.

Affordable Housing Overlay (AHO): The revised element states that the Affordable Housing Overlay will be applied at densities up to 30 units per acre on the sites listed in Table II-50.

While the element describes an Affordable Housing Overlay which allows affordable housing at higher densities within commercial zones. To demonstrate the adequacy of the AHO, the element must include a complete description and analysis of the Overlay, including affordability requirements and development standards. The elements must also clarify if the 30 units per acre is considered the base density for purposes of calculating density bonus and demonstrate the appropriateness of proposed development standards and incentives to encourage and facilitate the development of housing affordable to lowerincome households.

Zoning for a Variety of Housing Types (Emergency Shelters): While the element states that emergency shelters are permitted by-right in all nonresidential districts except Village Commercial, it does require an approval of a site development permit. It is unclear whether site development permit process is considered a discretionary permit. The element must analyze this process for consistency with the Government Code section 65583, subdivision (a)(4), where zoning must allow emergency shelters as a permitted use without discretionary action.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) The revised element did not address this finding. The element must provide discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact in the planning period and quantify objectives where feasible. Please see the prior review for additional information.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built 582 Click Here to Return to Agenda
City of La Quinta’s Revised 6th Cycle (2021-2029) Draft Housing Element Page 4 November 24, 2021
housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Program 3.1.a: The revised element now indicates that to demonstrate the adequacy of the zoning for sites to accommodate the lower-income RHNA, the Affordable Housing Overlay (AHO) will be applied to the sites on Table II-50. However, as this program is addressing a shortfall of adequate sites to accommodate the RHNA for lower, it must commit to meet all the requirements of GC. 65583.2, subdivisions (h) and (i).

D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The draft element includes a revised summary of the public participation process (p. 30), which now states that the city held an additional study session on the housing element.

However, it does not demonstrate that diligent efforts were made to involve all economic segments of the community in the development of the housing element, especially low- and moderate-income groups, nor does it address the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. In addition, the revised element now states that “comments and questions led to amendments and additions to policies and programs” (p. 30) but does not summarize what those comments were and how they were incorporated. 583 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 1 of 12 ends

A. Review and Revision
While the revised element referenced the programs serving the special needs populations in the 5th cycle, it did not an provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of those populations.

As described in the evaluation of Policies and Programs below, the City continued to assist households with special needs, including seniors, disabled residents and persons experiencing homelessness (see evaluation of Policies 5.3, 5.4 and 5.5; and Programs

4.4.b, 5.5.a, and 5.5.b below). These programs resulted in benefits to these special needs populations, including the furtherance of programs by housing homeless residents at the Coral Mountain apartments; through CVAG’s regional housing efforts for Coachella Valley homeless persons; and by the major rehabilitation and new units provided for seniors and disabled seniors at the Washington Street apartments. The policies and programs were very effective in assisting special needs populations.

B. Housing Needs, Resources and Constraints
Note: Finding B.1. relating to AFFH will be responded to separately. This section addresses the items in finding B.2. only.

Approved Projects: The revised element states that Sites 15-20 (p. 142), and Site 10 (p. 147) are part of approved housing projects but does not include information on those projects, including when they were entitled, if any additional entitlements are needed prior to completion or when construction is expected to be completed. In addition, Table II-50 appears to indicate that these are vacant sites available for development. The element should clarify the status of these sites and clearly indicate if these sites have projects that have approvals. A complete site inventory on the forms developed by HCD mentioned above will assist in this analysis.

Finally, sites 15 through 20 are provided to accommodate above moderate income households. These sites are all located in existing approved communities or tract maps, and require only residential building permits to proceed to construction.

ATTACHMENT 2
584 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 2 of 12 ends

Table II-1
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) 20 280
2 770156007770-
156-007, 770-
156-010, 770-
181-009 0.230.98
VC VC 14 144
770156010 0.39 VC VC 14 5
770181009 0.36 VC VC 14 5
3 (City
Owned)
773078005773-
078-005, 773-
078-006, 773-
078-007, 773-
078-016, 773-
078-017, 773-
078-034 0.111.68
MC/VC MC/VC 14 81
773078006 0.11 MC/VC MC/VC 14 1
773078007 0.11 MC/VC MC/VC 14 1
773078016 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 1
7 604-032-042 1.88 MHDR RMH 12 22
8 (City
Owned)
600-030-010,
600-030-012,
600-030-024

2.72 of

11.29 MHDR RMH 19 52
9 600-390-024 15.14 CG CP/CR 18 273
10*
600080001600-
080-001, 600-
080-002, 600-
080-003, 600-
080-004, 600-
080-005, 600-
080-006, 600-
080-007, 600-
080-008, 600-
080-009, 600-
080-041 0.194.13
MHDR RM 10 422
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 MHDR RM 10 2
Formatted Table
585 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 3 of 12 ends

Table II-1
Vacant Land Inventory
Map
Key APN Acres Existing GP Existing
Zoning
Projected
Density
Projected
Yield
600080007 0.19 MHDR RM 10 2
600080008 0.19 MHDR RM 10 2
600080009 0.21 MHDR RM 10 2
600080041 2.4 MHDR RM 10 24
11 643-020-025 4.81 CG CR 26 126
12*
600340050600-
340-050, 600-
340-051 4.4617.47
MHDR RM 8 14036
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 1,072
*Moderate income site
Above Moderate Income
Sites Acres Existing GP Existing
Zoning
Projected
Density
Projected
Yield
15 Various 40.76 LDR/OS-R RVL/PR 3 90
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 1,528
Lot Consolidation: The revised draft element now include analysis relative to the consolidation of city-owned sites within the inventory. However, it does not include analysis for those non city-owned sites that are identified to accommodate the need for lower-income comprised of multiple parcels (e.g. Site 1,2,7,9 and 11). For example, the analysis should describe the City’s role or track record in facilitating small-lot consolidation by affordability level, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site.

Site 2 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 Formatted Table
Commented [NC1]: Per email of 12.22.21, only site 2 has been addressed, because 1, 7, 9 and 11 are all single lot sites.
586 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 4 of 12 ends

without further City processes. The owner has been finalizing building plans and construction is expected in 2022. As shown in Table III-49, market rental rates in the City are affordable to moderate income households. Therefore, these units have been included for moderate income households.

Affordable Housing Overlay (AHO): The revised element states that the Affordable Housing Overlay will be applied at densities up to 30 units per acre on the sites listed in Table II-50.

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-50. 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.
 Program 3.1.a: All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre. and to allow 3 story development. The analysis that accompanies the Zone text amendment shall demonstrate that the development standards being applied to the AHO, including setbacks, height and parking requirements, allow a density of 30 units per acre. Consistent with Government Code Section 65583.2(h) and (i), the AHO will permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.

These sites shall be zoned with minimum density and development standards that permit at least 16 units per site.
 Timing: 2021-2022October 2022 for Zoning Map and text amendments Formatted: Normal, Indent: Left: 0.5", Hanging: 0.5"
587 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 5 of 12 ends

 Funding Source: General Fund
 Responsible Agency: Planning Division
Zoning for a Variety of Housing Types (Emergency Shelters): While the element states that emergency shelters are permitted by-right in all nonresidential districts except Village Commercial, it does require an approval of a site development permit. It is unclear whether site development permit process is considered a discretionary permit. The element must analyze this process for consistency with the Government Code section 65583, subdivision (a)(4), where zoning must allow emergency shelters as a permitted use without discretionary action.

The City’s zoning permits emergency shelters by right in all nonresidential districts except Village Commercial. The non-residential zones, including Neighborhood Commercial, Community Commercial and Regional Commercial, are all located on major arterial roadways, and close to transit stops. This allows for easy access to services and transport. Emergency shelters proposed in an existing building would require no permitting other than building permits for tenant improvements (if any). If an emergency shelter were to be proposed as a new building, it would be subject to approval of a Site Development Permit, which would be approved by either the Director or the Planning Commission (Director approval is allowed for buildings under 10,000 square feet on pads within existing commercial centers). The Site Development Permit consists of a review of site plan and building design to assure compliance with the City’s development standards. A Site Development Permit, therefore, does not affect the use proposed, and emergency shelters are permitted by right. The findings for a Site Development Permit require consistency with the General Plan and Zoning Ordinance; conformance with CEQA; and compatibility of site design, landscaping and architecture to surrounding buildings. The Site Development Permit addresses only zoning standards, and does not address land use. Therefore, the use of the building is not considered, and the permit is based on an analysis of setbacks, building heights and parking spaces.

There are no parking requirements for emergency shelters. Program H-5.4.b. has been added to assure that emergency shelters are added to the parking table, and that parking only be required for employees. There are over 380 acres of vacant commercial land in the City (Land Use Element, Table II-3). Transitional shelters for homeless persons or victims of domestic abuse are conditionally permitted in Regional Commercial and Major Community Facilities zoned districts.

C. Housing Programs
The revised element did not address this finding. The element must provide discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact in the planning period and quantify objectives where feasible. Please see the prior review for additional information. 588 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 6 of 12 ends

Note: The programs that were date-sensitive have been revised as shown below. Programs that are not date-sensitive, such as ongoing programs or programs that are tied to projects being submitted have not been amended.

Program 1.1.a: To address the City’s RHNA allocation for extremely low income households, 15% of units on the City’s land on Highway 111 (site #13) will be assigned to extremely low income households. The City shall negotiate very low income units for all other projects on sites identified in the Vacant Land Inventory (Table II-50) individually to reach the target of 210 units during the planning period.  Timing: June 2025 for Highway 111 project, as projects are constructed for additional units
 Funding Source: Private Funding, Tax Credit Financing, Other sources as identified  Responsible Agency: City Manager’s Office/Housing
Program 1.1.b: The City will merge its parcels in the Village (as listed in Table II-51) to facilitate the consolidation of these lots for sale through the Surplus Land Act.  Timing: 2022-23June 2023 for lot mergers. 2023-June 2024 for RFPs and land sales.  Funding Source: General Fund
 Responsible Agency: City Manager’s Office/Housing
Program 1.1.c: To encourage the development of housing for extremely low, low and special needs residents, the City will develop a program of incentives for the subdivision of larger sites, to include application fee waivers, DIF fee reductions and expedited processing. The City will contact the owners of the three sites listed in Table II-50 and encourage that they subdivide the land and take advantage of the City’s incentive program.
 Timing: 2021-June 2022 for development of program. 2022-June 2023 for initial contacts with land owners, and annually thereafter.
 Funding Source: General Fund
 Responsible Agency: Planning Division, City Manager’s Office/Housing Program H-2.1.a: Accessory Dwelling Units (ADU)
The City will modify its Zoning Ordinance to comply with State law regarding ADUs and JADUs and provide for the reduced parking standards, setbacks and other incentives included in the law. The City shall establish a program to encourage the building of ADUs and JADUs, and monitor their development to gauge if they are affordable alternatives for housing. The program will include tracking annual permits, an annual survey of rents 589 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 7 of 12 ends

in ADUs, and whether any ADUs are accepting housing subsidy or restricting their units to very low or low income households.
 Timing: Zoning amendments 2021-June 2022. Monitoring program beginning with fiscal year 2022-June 2023.
 Funding Source: General Fund
 Responsible Agency: Design and Development Department Program H-2.1.b: City-owned Lots
Aggressively pursue development of the City’s central-city properties (sites 8 and 13) to generate up to 168 units of extremely low, very low and low income units on these parcels. To implement this program, the City will establish a schedule for Requests for Proposals and include incentives. These incentives may include elimination of Development Impact Fees, financial assistance in the form of land contributions, and density bonuses as provided in the Zoning Ordinance. In addition, the City will consider affordable housing for other City-owned lots in the Village when marketing the land for development, including mixed use projects that combine retail and residential uses.

Wherever possible, include 15% affordable units in these projects  Timing: Annually, beginning with fiscal year 2022/June 2023.  Funding Source: General Fund
 Responsible Agency: City Manager’s Office/Housing
Program H-2.1.c: Creative Housing Solutions
In order to expand the variety of housing options for extremely low and low income households in the City, study, research and pursue the amendments to the Zoning Code and subdivision ordinance that would be required to allow creative housing solutions, including “tiny homes,” prefabricated or “kit” homes, shipping container conversions, and other options available in the market as they arise. Present the findings of the research to the Planning Commission and Council for their consideration.  Timing: Research 2023/June 2024. Planning Commission and City Council Study Session no later than 2024-June 2025.
 Funding Source: General Fund
 Responsible Agency: Design and Development Department Program H-2.2.a: Density Bonus Amendments
Revise the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 2345 as it pertains to Density Bonus requirements.
 Timing: 2021-June 2022 regular Zoning Ordinance update 590 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 8 of 12 ends

 Funding Source: General Fund
 Responsible Agency: Design and Development Department Program H-2.3.b: Mixed Use in the Highway 111 Corridor
In order to take advantage of the high density residential permitted in the Mixed Use overlay, develop a menu of incentives, including reduction in development fees, density bonuses and other provisions for the inclusion of affordable housing units in Mixed Use projects within the Highway 111 Plan area.
 Timing: Menu of incentives, June 2023. As projects are proposed  Funding Source: General Fund
 Responsible Agency: City Manager’s Office/Housing
 Program H-2.3.c: Affordable Housing Renter-to-Owner Transition There are many resources that the City, nonprofits, or for-profit developers may utilize to subsidize the construction and maintenance of affordable housing. Some of the most prominent resources are described below.
 Timing: Update website with funding information and partnership opportunities in by June 2022, and every six months thereafter.
 Funding Source: General Fund
 Responsible Agency: City Manager’s Office/Housing
Low Income Tax Credits
Low Income Housing Tax Credit (LIHTC) provides federal tax credits for private developers and investors that agree to set aside all or a portion of their units for low income households. A minimum of 20 percent of the units must be affordable to low income households and 40 percent of the units must be affordable to moderate income households.

Community Reinvestment Act
The Community Reinvestment Act provides favorable financing to affordable housing developers. The Redevelopment Agency, development community, and local, regional, and national banks are encouraged to work together to meet their obligations pursuant to the Community Reinvestment Act.

California Housing Finance Agency Program
The California Housing Finance Agency (CHFA) has three single-family programs for primarily moderate and middle income homebuyers: the Home Ownership Assistance Program and the Affordable Housing Partnership Program. Each provides permanent mortgage financing for first-time homebuyers at below-market interest rates.

Formatted: Indent: Left: 0.5", No bullets or
numbering, Don't keep with next, Don't keep lines
together
591 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 9 of 12 ends

HOME Funds
HOME is the largest Federal block grant distributed to state and local governments for the creation of lower income housing. Cities apply when Notices of Funding Availability are issued.

Neighborhood Stabilization Program
HUD’s Neighborhood Stabilization Program makes emergency assistance grants available to local governments for the acquisition, redevelopment, and renting or resale of foreclosed properties at-risk of abandonment.

Riverside County First-Time Homebuyers Program
Continue participation in the Riverside County First-Time Homebuyers Program for low and moderate income households.

Mortgage Credit Certificate
The Riverside County Mortgage Credit Certificate Program is designed to assist low and moderate income first time homebuyers. Under the Mortgage Credit Certificate Program, first-time homebuyers receive a tax credit based on a percentage of the interest paid on their mortgage. This tax credit allows the buyer to qualify more easily for home loans, as it increases the effective income of the buyer. Under federal legislation, 20 percent of the funds must be set aside for buyers with incomes between 75 and 80 percent of the county median income.

Finance Agency Lease-Purchase Program
Riverside/San Bernardino County Housing Finance Agency Lease Purchase Program provides down payment assistance and closing costs for eligible households up to 140 percent of the area median income.

Housing Choice Voucher (formerly Section 8) Referrals
Housing Choice Vouchers allow lower income households to use rental subsidies anywhere in the County, including La Quinta.
 Program H-4.4.a: Housing Condition Survey & Monitoring Maintain Complete an inventory of housing conditions (updated approximately every five years) to enable the City to properly target Code Compliance and rehabilitation resources. To better understand the City’s housing needs the quality and condition of the housing stock must be inventoried on a regular basis. The inventory should focus on older neighborhoods, such as those south of Calle Tampico, west of Washington Street, and north of Highway 111.
 Timing: Complete by June 30, 2023
Formatted: Indent: Left: 0.5", No bullets or
numbering, Don't keep with next, Don't keep lines
together
592 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 10 of 12 ends

 Funding Source: General Fund
 Responsible Agency: Design and Development Department Program H-4.4.b: Habitat for Humanity Residential Rehabilitation Program Complete the Memorandum of Understanding with Habitat for Humanity to implement the “Brush with Kindness” program. The program will be implemented by Habitat volunteers who will donate time for repair and maintenance programs, including yard work, weed abatement, window replacements, roof repairs, and air conditioning repair.

Residents will be prioritized to focus on seniors, veterans, the disabled, low and very low income residents, and those in affordably-designated homes. The first-year City contribution will be $40,000, and the annual amounts will be reviewed every year based on the success of the program.
 Timing: MOU in by June 2022, assist 6 households annually through the planning period
 Funding Source: General Fund
 Responsible Agency: Habitat for Humanity, City Manager’s Office/Housing Program H-5.2.a: Collaborate and coordinate with government agencies and nonprofit groups to support outreach and expansion of lending programs for homeownership among minority populations.
 Timing: Annually (June) with adoption of budget, subject to available funding.  Funding Source: General Fund
 Responsible Agency: City Manager’s Office/Housing
Program H-5.4.a: Low Barrier Navigation Centers
Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers. Modify the definition of “homeless shelter” to include this use.
 Timing: 2021-June 2022 at regular Zoning Ordinance update  Funding Source: General Fund
 Responsible Agency: Design and Development Department  Program H-5.4.b: Zoning Amendments for Emergency Shelters, Transitional and Supportive Housing
Revise the Zoning Ordinance to require that homeless shelters only be required to provide parking for employees; and that Transitional and Supportive Housing be permitted uses in the Medium, Medium-High and High density residential zones.  Timing: 2021-June 2022 at regular Zoning Ordinance update 593 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 11 of 12 ends

 Funding Source: General Fund
 Responsible Agency: Design and Development Department Program 3.1.a: The revised element now indicates that to demonstrate the adequacy of the zoning for sites to accommodate the lower-income RHNA, the Affordable Housing Overlay (AHO) will be applied to the sites on Table II-50. However, as this program is addressing a shortfall of adequate sites to accommodate the RHNA for lower, it must commit to meet all the requirements of GC. 65583.2, subdivisions (h) and (i).  Program 3.1.a: All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre. and to allow 3 story development. The analysis that accompanies the Zone text amendment shall demonstrate that the development standards being applied to the AHO, including setbacks, height and parking requirements, allow a density of 30 units per acre.

Consistent with Government Code Section 65583.2(h) and (i), the AHO will permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site.
 Timing: 2021-2022October 2022 for Zoning Map and text amendments  Funding Source: General Fund
 Responsible Agency: Planning Division
D. Public Participation
The draft element includes a revised summary of the public participation process (p. 30), which now states that the city held an additional study session on the housing element.

The comments and questions led to amendments and additions to policies and programs which are included in this Element. The amendments included changes to programs to develop incentives, including fee reductions and development standard concessions for affordable housing projects, and working closely with the development community to secure funding from all available sources.

Formatted: Normal, Indent: Left: 0.5"
594 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element
December 27, 2021

Page 12 of 12 ends

The participants’ concerns were considered in the preparation of the goals, policies and programs, including additions and changes that further commit the City to partnering with affordable housing developers in the development of projects in the future; the City’s recent actions to limit short term vacation rentals; and including inventory sites of varying sizes and locations close to services, transit, schools and job centers.

The Element was posted on the City’s website, and a public comment period provided from September 10 to 24, 2021. The public comment period was advertised through Facebook and Instragram posts, and a Nextdoor announcement from the City, and an email blast to all those invited to the community workshops (see Appendix A). City received no comments during the comment period.

State Review and Public Hearings
The Draft Element was submitted to the California Department of Housing and Community Development (HCD) for review and certification. The City has received and responded to review comments from HCD to address its concerns.

Once the document has been certified by HCD, the Housing Element Update will be presented in public hearings before both the Planning Commission and City Council, with the documents available for public review at City Hall and on the City’s website.

The Housing Element was posted on the City’s website for 30 days prior to City Council hearing. The posting was advertised on the City’s website, on its Facebook page, and individual emails sent to all of the housing advocates, developers and residents who participated in the City’s workshops (see Appendix A).
595 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 1 of 14 ends

B. Housing Needs, Resources and Constraints
Note: Responses to Finding B.1. relating to AFFH are provided below.

Comment 1:

Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): While the element identifies a R/ECAPs in the City, the element must include analysis of the area such as trends, conditions and past efforts and their effectiveness in combination with concentrated areas of affluence.

Response 1:

Integration and Segregation Patterns
To assess patterns of segregation and integration, the City analyzed four characteristics:
race and ethnicity, income, disability, and familial status.

Race and Ethnicity
The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index ratings range from 0 to 100, where higher numbers indicate higher diversity among the measured groups. As shown in Exhibit II-15 Diversity Index, the City exhibits a range of diversity ratings. The Cove and Village area, the southern end of the City, the area just north of Highway 111, and an area on the eastern boundary adjacent to the City of Indio and unincorporated Riverside County have relatively high diversity (70-85). Portions of the northwestern and southeastern City have lower diversity (below 40). The remaining areas are rated mid-range (40-70) on TCAC’s diversity index. The surrounding areas have comparable diversity ratings as La Quinta, though areas of higher diversity are found in City of Indio to the east. According to the 2015–2019 American Community Survey, over half (57.3%) of La Quinta residents identify as White, non-Hispanic, whereas over half (64.2%) of the Indio residents to the east identify as Hispanic. The City of La Quinta can be viewed as a demographic transition point from the west to east Coachella Valley, with the proportion of White, non-Hispanic population between those in Indio (34.7%) to the east and Bermuda Dunes (58.5%) to the north, Palm Desert (66%) and Indian Wells (88.1%) to the west.

The southern end of the City is falls in part of a larger area designated a TCAC Area of High Segregation and Poverty in 2020 and 2021, and is also in Tract 456.05, which is designated a racially or ethnically concentrated area of poverty (R/ECAP) by HUD (2009-2013) (Exhibit II-1417). However, these designations are most likely not true for this part of the City due to data granularity reasons, as analyzed in detail below. This area, as part of Census Tract 456.05, is in a Hispanic Majority Tract with a predominant gap >50% between Hispanic and other race/ethnicity groups (Exhibit II-16). In contrast, mMore urban areas in the City fall 596 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 2 of 14 ends

in White Majority Tracts (predominant gap >50%). Similarly, much of the lower diversity areas in the Cities of Indian Wells and Palm Desert are also in White Majority Tracts.

A close examination of the HCD AFFH maps and the R/ECAP area in La Quinta reveals that the designation is leasts likely due to demographics within the area, but rather its location in Census Tract 456.05, which spans a large area of unincorporated Riverside County in the east Coachella Valley. As shown in Exhibits II-16 and II-17, from a data granularity perspective, the R/ECAP and Hispanic Majority Tract designations are specificcover to the entire Tract 456.05 onlyand , which does not tell any difference within the tract. Similarly, the Area of High Segregation and Poverty (2020 and 2021) designations are specific to a bBlock groupGroup 4 under Tract 456.05 which covers more unincorporated Riverside County area than La Quinta City area (see Exhibit II-20b). The area designated as R/ECAP in La Quinta under R/ECAP designation is roughly bounded by Avenue 60 on the north, and consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community. Based on local knowledge and property values at Coral Mountain and Trilogy, this area of the City is not an area with concentrated poverty. This area will be further analyzed in Income subsection below for any potential for segregation and concentration of poverty.

HCD has not published the adjusted Racially Concentrated Areas of Affluence (RCAA) methodology for California as of August 2021. While no data has been released on RCAA, the national metric may be referenced for general considerations here: RCAA is defined as census tracts where 1) 80% or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national the median household income in 2016). As shown in Exhibit II-18, Census Tract 456.08 along the eastern City boundary (roughly between Avenue 54 and Avenue 60) has a median income greater than $125,000. Census data reveals that this tract has 89.6% white population that is not Hispanic. The area may have the potential to be a RCAA. While another area to the north also has a median income greater than $125,000, it is in a tract with fewer than 80% white, non-Hispanic population and may not qualify as a RCAA. While introducing various housing choices may alleviate the potential RCAA situation in these areas, they are mostly built out with retirement communities and offer very limited opportunities for education, employment, services/amenities, and transit. Therefore, the City has prioritized providing more affordable housing in areas that offer ample opportunities to meet the needs of lower-income households.

Income
The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Exhibits II-18 and II-19, the bulk of the City has a very low percentage of residents (less than 10%) who fall below the poverty line ($26,500 for a family of four in 2021), and the central and northern portions of the City as well as the southern Cove area have a low percentage (10%-20%) of residents 597 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 3 of 14 ends

below the poverty line. Note that the southern end of City, which is designated as R/ECAP as part of Tract 456.05 that is designated as R/ECAP, shows a higher percentage (38.2%) of residents below the poverty line, but this percentage represents the entire tract rather than just the portion in La Quinta.

The poverty status trend saw some minor changes from 2014 to 2019. The percentage of residents who fall below the poverty line in the northern Cove and Village area and an area on the eastern City boundary (north of Avenue 54) have lowered over time from 10-20% to below 10%, while the percentage in the northern City increased from below 10% to 10-20%.

The southern end of City as part of Tract 456.05, showed 42% of residents below the poverty line in 2014, though this percentage captures the entire tract and does not specifically indicate any change within the La Quinta portionarea.

The HUD Low to Moderate Income Population maps at Tract and Block Group levels (Exhibit II-20a and b) illuminate how data granularity affects interpretation. The map in Exhibit II-20a at tract level is less detailed/refined, showing the percentage of low to moderate income population for entire census tracts; in contrast, the map in Exhibit II-20b at block group level has a finer resolution at block group level, showing the percentages for each block group, which is a smaller geographical unit than the census tract. Census Tract 456.05 consists of a portion of City of La Quinta which includes vacant land, a private golf club and a private retirement community, and rural agricultural communities in unincorporated Riverside County. The southern end of La Quinta is part of Block Group 4 of Census Tract 456.05. Block Group 4 shows 42% of low-moderate income (LMI) population, whereas Tract 456.05 shows 79% of LMIlow-moderate income population. This discrepancy gap in percentage of LMI population can be attributed to the demographical difference between the La Quinta portion and the remaining unincorporated County area.

The larger unincorporated County area skews the percentage of low-moderate incomeLMI population to the higher side. This phenomenon also occurs in the Predominant Population map (Exhibit II-16), which shows the entire Census Tract 456.05, including the southern La Quinta area, as a Hispanic Majority Tract with a predominant gap >50% between Hispanic and other race/ethnicity groups. This contradicts local demographic knowledge of this area, as there is no evidence showing a significantly higher ratio of Hispanic population than surrounding areas in the City.

In summary, while currently available data are not specific to the southern end of the City of La Quinta and are inconclusive on the area’s potential for segregation and concentration of poverty, based on local knowledge and judgment, the area in southern La Quinta is least likely to experience segregation based on race/ethnicity or low income, or qualify as an Area of High Segregation and Poverty or R/ECAP. 598 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 4 of 14 ends

As shown in Table II-16 of this Housing Element, the City of La Quinta has a vacancy rate of

7.4% for rental units and 5.0% for ownership units. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the overall vacancy rate is 6.5%. These vacancy rates are quite low and may indicate limited room for mobility and high demand for affordable units.

Comment 2:

Displacement: While the element provides the overall rate of overcrowding, it must also include an analysis of patterns and trends at a local and regional level and address displacement risks.

Response 2:

Disproportionate Housing Need and Displacement Risk
The AFFH Guidance for All Public Entities and for Housing Elements (April 2021 Update) defines ‘disproportionate housing needs’ as ‘a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area.’ Disproportionate housing needs may include things like overcrowding, overpayment, housing conditions disproportionately affecting protected classes, including displacement risk.

Overcrowding
As discussed under Community ProfileHousing Needs (Table II-27), overcrowding is not a significant issue in the City of La Quinta. As of the 2014-2018 ACS, 3.7% of all occupied units in the City are considered overcrowded, which include primarily renter units (82.7%, 477 units) rather than owner units (17.3%, 100 units). 10.9% of all renter households experience overcrowding. The overall overcrowding rate (3.7%) in La Quinta has increased from 2.3% in 2014; specifically, overcrowding has improved slightly for owners but worsened for renters. Compared to an overcrowding rate of 6.9% in the Riverside County (2018), overcrowding in La Quinta is less significant. The renter overcrowding rate (10.9%) is only slightly lower than that of the County (11.8%). Households with lower incomes may permit overcrowding to derive additional income, or there may be insufficient supply of housing units in the community City to accommodate the demand, especially rental units. Unit size and affordability can be key contributors to overcrowding, and the City may need more affordable rental units of various sizes to meet the need of the community.

Homelessness
In 2020, there were 3 unsheltered homeless persons in La Quinta according to the PIT Count for Riverside County. The City allows homeless shelters in the Regional Commercial 599 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 5 of 14 ends

and Major Community Facilities zones with a conditional use permit. Single-room occupancy units are also conditionally allowed in the Regional Commercial zone in the City.

Program H-5.4.a and H-5.4.b commit the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and with state law for emergency shelters, transitional and supportive housing.

Overpayment
The median rent in La Quinta can be out of reach for lower income households with two or more persons; however, as shown in Exhibit II-22, La Quinta has less prevalent overpayment by renters (<60% of renter households City-wide) in 2019 compared to surrounding jurisdictions, which have areas with over 60% of renter households overpaying. Overpayment is considered a chronic issue that needs to be addressed both locally and regionally. As is shown in Table II-25 (Overpayment by Income Category and Tenure), as of the 2012-2016 CHAS, between both renters and owners, 71.4% of lower income households in La Quinta pay at least 30% of their income toward housing costs.

Regionally, overpayment among renters is especially prevalent (>80%) in the north side of the City of Palm Springs, south side of Desert Hot Springs, and adjacent unincorporated areas of Riverside County as well as the south side of the City of Coachella.

The overpaying rate more than doubles for lower-income owners (76.2 percent) than that of all owner households (36.5%). Overpayment increases the risk of displacement for residents who are no longer able to afford their housing costs. Geographically speaking, overpayment among homeowners is more prevalent than among renters in the City of La Quinta, although the reverse is true for the region. As shown in Exhibit II-23, most of La Quinta has a homeowner overpayment rate between 40%-60%, and the area north of Highway 111 has a lower overpayment rate below 40%. Regionally, overpayment among homeowners is below 80% except a small area in the City of Coachella, and areas with between 60%-80% homeowner overpayment are found in the cities of Rancho Mirage, Cathedral City, Palm Springs, Desert Hot Springs and the adjacent unincorporate Riverside County area as well as the City of Coachella. The City has included Programs H-1.1.a, H-2.1.b, H-2.3.b to incentivize development of affordable housing and has included an action in Program H-5.2.a to connect minority populations to lending programs for homeownership.

Substandard Housing Conditions
In La Quinta, less than a third (28.6%) of the housing stock is older than 30 years, and less than 5% is over 50 years old. Older homes are typically found in the Cove area. After 30 years homes generally require major rehabilitation, such as a new roof or updated plumbing. As discussed earlier, a 2007 City-wide housing conditions survey found that the majority of 59 units in need of minor or moderate rehabilitation were in the Cove area. The Code Compliance staff track property maintenance and planned for a housing conditions 600 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 6 of 14 ends

survey in fiscal year 2021/2022. The repair costs can be prohibitive such that the owner or renter live in unhealthy, substandard housing conditions or the renter is displaced if the house is designated as uninhabitable and the owner does not complete repairs. To prevent these situations, the City offers programs that assist homeowners and apartment complex owners with home maintenance and repair costs. Homeowners interested in reducing their utility bills through upgrades now have an alternative to tapping their mortgage for home equity loans. Through partnership with the City of La Quinta, HERO and Ygrene offer a wide array of home energy products at low-fixed interest rates with flexible payment terms of up to 20 years (see Programs H-4.4.a through H-4.4.d).

Mortgage Loan Indicators
[Subsection omitted here; no edits were made.]
Displacement Risk
The Urban Displacement Project (UDP) is a research and action initiative of the University of California Berkeley and the University of Toronto. UDP conducts community-centered, data-driven, applied research toward more equitable and inclusive futures for cities, and contributed the Sensitive Communities map to HCD’s AFFH Data Viewer. Communities are designated sensitive if “they currently have populations vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost.” The following characteristics define vulnerability:
• Share of very low-income residents is above 20%; and
• The tract meets two of the following criteria:
o Share of renters is above 40%,
o Share of people of color is above 50%,
o Share of very low-income households (50% AMI or below) that are severely rent burdened households is above the county median,
o They or areas in close proximity have been experiencing displacement pressures (percent change in rent above County median for rent increases), or o Difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap).

The Sensitive Communities – Urban Displacement Project map (Exhibit II-24) shows that two areas in the City are designated as vulnerable: the northern Cove area (Tract 451.20) and a small area in southeastern City (part of Tract 456.09). Tract 451.20 has 25%-50% low to moderate income (LMI) population (Exhibit II-20a), but the Village area (Block Group 3 in Tract 451.20) has 50%-75% LMI population, higher than the average tract (Exhibit II-20b).

Sites 2 & 3 in the Vacant Land Inventory (Table II-50) are located within Block Group 3 of Tract 451.20 which will increase affordable housing supply in this area and help alleviate displacement risks for lower income households.
601 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 7 of 14 ends

The entire Tract 456.09 is designated as vulnerable, which spans large areas in the City of Coachella and unincorporated County and only a tiny portion in the City of La Quinta. As shown in Exhibit II-24, the portion within La Quinta consists of vacant land only, and is thus not considered a sensitive community nor subject to displacement. 602 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 8 of 14 ends

603 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 9 of 14 ends

Comment 3:

Site Inventory: While the element has an analysis of sites in relation to affirmatively furthering fair housing (AFFH), the element must contain an identification and evaluation of sites relative to the full scope of assessing fair housing ( e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, disproportionate access to opportunity), the site inventory must contain an identification and analysis of selected sites with accompanying maps that indicated the number of projected units for each site and represent the assumed affordability (i.e., lower, moderate and above moderate) with an evaluation of each site to socio-economic patterns. This analysis should cover all income levels and assess the extent to which projected development of sites will wither further exacerbate or further ameliorate existing patterns of segregations and/or exclusion of members of protected classes.

Response 3:

Sites Inventory
The City extends into the Santa Rosa Mountains in the west and south, and much of the area in the southwestern City is designated as Open Space – Natural on the General Plan and not available for development. The City is largely built out, and future housing development will occur as mainly infill projects and on the south side of the City where there are larger vacant parcels. The City identified sufficient sites to meet the RHNA in La Quinta’s sixth cycle inventory (see Exhibit II-24 and Table II-50). The vacant land inventory only includes parcels that the City has identified as having the potential to develop during the 2022-2029 planning period. Sites 1-3, 7-9, 11 and 13 are identified for lower income units, Sites 10 and 12 are identified for moderate income units, and Sites 15 through 20 are identified for above moderate income units.

As shown in the inventory map (Exhibit II-24), the sites identified for future housing development are located in different parts of the City in various zoning districts and dispersed to the greatest extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor and near the Cove area, will result in small-lot development and housing affordable to lower-income households. Above moderate income units will be built in the southern City on larger lots. The vacant sites that are zoned suitably for multiple income categories are distributed in the central and north sides of the City, which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas.

Integration and Segregation: Race and Income
Sites in the inventory are dispersed in areas ranging from lowest to highest diversity ratings (Exhibit II-15), although some of the sites south of the Highway 111 and near the Commented [BC1]: Because the Sensitive Communities
Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25
Commented [BC2]: Because the Sensitive Communities
Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25
604 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 10 of 14 ends

Cove area are in areas with lower median incomes (<$55,000, see Exhibit II-18). However, these areas are also High Resource areas due to location within the Highway 111 corridor and proximity to the Village area. The vacant land inventory will increase housing supply for lower and moderate income households in the High Resource areas, and is not expected to exacerbate any existing patterns of segregation based on race and income.

The City examined the opportunity area map prepared by HCD and TCAC (Exhibit II-14) and identified inaccurate designations for the southern end of the City. The area is generally bounded by Avenue 60 on the north and Monroe Street and City boundary on the other sides. This area consists of vacant land, Coral Mountain Golf Club and Trilogy La Quinta (a retirement community). As discussed above, it is designatedshows as “High Segregation & Poverty” most likely due to its location in a larger census tract that includes primarily unincorporated rural/agricultural communities. Based on local knowledge and data, the area in southern La Quinta is least likely to experience segregation based on low race/income or qualify as Area of High Segregation and Poverty. Sites 17-20 are located in or adjacent to this area and designated for above moderate income units. The vacant land inventory will increase housing supply in the southern end of the City. The City has considered this area for affordable housing development, but local knowledge of its lack of access to transit, services or jobs, makes it unlikely to develop as such in the planning period. As development expands in this area in the future, however, there may be opportunities for greater variety in housing types in the south end of the City.

Racially/Ethnically Concentrated Areas of Poverty and Affluence As noted, the R/ECAP is designated at census tract level for Tract 456.05, which spans a large area of unincorporated Riverside County and a small portion in the City of La Quinta (Exhibits II-16 & II-17). Due to data granularity reasons and local knowledge discussed above, this designation is most likely inaccurate for the small area in La Quinta. Consisting of vacant land, Coral Mountain Golf Club and Trilogy La Quinta, a retirement community, tThis area should be designated as “Moderate Resource” or better, with potential drawbacks being its distance from job opportunities and schools. Sites 17 and 18 in this area are designated for above moderate income units. As the R/ECAP designation most likely does not apply to this area of the City, the vacant land inventory will not change existing conditions regarding R/ECAP.

There is one potential RCAA in the City, Census Tract 456.08 along the eastern City boundary (Exhibit II-18) with a median income greater than $125,000 and 89.6% nonHispanic white population. Sites 15, 16, 19, and 20 in this area are designated for above moderate income units. Based on the opportunity area map (Exhibit II-14) and local knowledge and data, Census Tract 456.08 is not in the Highest Resource area of the City, is mostly built out with retirement communities, and offers very limited opportunities for education, employment, services/amenities, and transit. Therefore, the City has prioritized 605 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 11 of 14 ends

providing more affordable housing in areas that offer ample opportunities such as the northern City.

Access to Opportunity
The opportunity area map designates the majority of the City as “Highest Resource” or “High Resource”, which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families—particularly long-term outcomes for children. As discussed above, local knowledge and data indicate that the appropriate designation for the southern end of the City should be “Moderate Resource” or better. The City extends into the Santa Rosa Mountains in the west and south, and much of the area in the southwestern City is designated as Open Space – Natural on the General Plan and not available for development. The City is largely built out, and future housing development will occur as mainly infill projects and on the south side of the City where there are larger vacant parcels.

Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City’s vacant land inventory, the City was able to identify sufficient sites for affordable units in La Quinta’s sixth cycle inventory (See see Exhibit II-24 and Table II-5150) in areas identified by TCAC/HUD as either “Highest Resource” or “High Resource” with the highest Jobs Proximity Index scores. Part of Sites 17 and 18 designated for above moderate income units5 falls in the “High Segregation & Poverty” area, which is an inaccurate designation as discussed above and in fact the area qualifies for “Moderate Resource” or better. Sites in the inventory are dispersed in areas ranging from lowest to highest diversity ratings (Exhibit II-15), although some of the sites south of the Highway 111 and near the Cove area are in areas with lower median incomes (<$55,000, see Exhibit II-18).

As shown in the inventory map (Exhibit II-24), the sites identified for future housing development are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 corridor and near the Cove area, will result in small-lot development and housing affordable to lower-income households. Above moderate income units will be built in the southern City on larger lots. The vacant sites that are zoned suitably for multiple income categories are distributed in the central and north sides of the City, which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas.

Several sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Two bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and San Bernardino Commented [BC3]: Because the Sensitive Communities
Map in AFFH is added as II-24, the Inventory map will be renumbered to II-25
606 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 12 of 14 ends

County (a commuter route). The Highway 111 corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. There are elementary and high schools and public parks nearby. Similarly, the sites in the inventory near the Village area also have easy access to the various retail, dining and services there, as well as La Quinta Library, Civic Center Park and La Quinta Museum.

There are two elementary schools and one preschool in the Village area and vicinity.

SunLine Bus Route 7 serves the Village area. These future housing sites affirmatively further fair housing through their proximity to jobs, education and transit, neighborhood retail and services, all of which can reduce the overall cost of living for lower-income households. The stores, restaurants and offices in both the Highway 111 and Village commercial districts provide various job opportunities.

The City analyzed environmental constraints, including wildfire zones, 100-year special flood hazard areas and geological hazard zones, and confirmed that none of the sites identified are within or near any identified hazard zones that cannot be mitigated with standard construction techniques. With the implementation of standard requirements such as site-specific geotechnical studies, the sites identified in the vacant land inventory will not subject future residents to any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods, except that the southern City area has an inaccurate designation for less positive environmental outcomes due to its location in a larger tract. When compared with the east Coachella Valley and areas north of the Interstate-10, the City scores higher in the environmental domain. Overall, the vacant land inventory is expected to improve access to opportunities for households in need by increasing affordable housing stock in high and highest resource areas.

Disproportionate Housing Needs
The fair housing assessment identified that there is likely demand for units with at least two bedrooms for family and non-family households based on the household makeup of the City. Among the areas that over 40% of renters and owners experience overpayment, Tract 451.20 is further designated as vulnerable/sensitive community regarding displacement risk. Tract 451.20 has a relatively high (25%-50%) low to moderate income (LMI) population (Exhibit II-20a), with the Village area (Block Group 3 in Tract 451.20) having 50%-75% LMI population.

The City completed the La Quinta Village Build-Out Plan and EIR in 2017. Projects in the Village area are encouraged to implement the standards and incentives of Municipal Code Section 9.140.090, the mixed use overlay, which encourages development on lot assemblages or lots greater than one acre and facilitates the development of mixed use projects that include both multifamily residential and commercial components. Per Section 9.140.090.F, mixed use development can benefit from density bonuses, modified 607 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 13 of 14 ends

parking requirements, expedited permit processing, and fee reductions. Sites 2 & 3 in the vacant land inventory will be able to take advantage of the mixed use overlay incentives and increase affordable housing supply in the Village area.

The City also intends to apply the Affordable Housing Overlay to all sites identified in the vacant land inventory (Program 1.1.b.), including sites in the Village area and along the Highway 111 corridor. These measures are expected to expand housing options for various income levels and foster a more economically diverse community.

The City is also implementing traffic improvements including new roundabouts in the Village area, where pedestrian, bicycle, golf cart, and automobile traffic exist. The new roundabouts will help accommodate non-vehicular traffic, making roadways safer and more accessible to pedestrians and bicycles in the area and meeting the transportation needs of all segments of the community.

Comment 4:

Response 4:

Note: The programs that were date-sensitive have been revised to provide specific commitment, metrics and milestones, please see separate response letter for the Housing Element. The following are additional revisions for AFFH requirements.  Policy H-1.1
Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels.

Provide new housing choices by increasing affordable housing supply in high opportunity areas, and improve housing mobility through encouraging various housing options such as accessory dwelling units and creative housing solutions.  Policy H-2.1
608 Click Here to Return to Agenda
City of La Quinta
Amendments to 2nd Draft Housing Element – AFFH
December 27, 2021

Page 14 of 14 ends

Increase housing choices for lower and moderate income households. Address disproportionate housing needs and alleviate disproportionate cost burdens on lower and moderate income households by providing more affordable housing units.  Policy H-4.4
Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas. Employ government and non-government resources to preserve and revitalize neighborhoods and communities and thereby provide protection against disinvestment-based displacement.

Program H-5.2.a: Collaborate and coordinate with government agencies (e.g. Fair Housing Council of Riverside County) and nonprofit groups (e.g. Habitat for Humanity) to support outreach and expansion of lending programs for homeownership among minority populations. Advertise workshops and webinars held by these organizations on financial resources for homeownership on the City website, under News page and Directory of Services (see Program H-5.2.c).
§ Timing: Annually with adoption of budget, subject to available funding. § Funding Source: General Fund
§ Responsible Agency: City Manager’s Office/Housing
609 Click Here to Return to Agenda
November 16, 2021
Ms. Cheri Flores, Planning Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Phone: (760) 777-7000
E-mail: [email protected]
RE: SCAG Comments on the Initial Study/Negative Declaration for the La Quinta Housing and Safety Element Updates [SCAG NO. IGR10504]
Dear Ms. Flores,
Thank you for submitting the Notice of Intent to Adopt a Negative Declaration for the La Quinta Housing and Safety Element Updates (“proposed project”) to the Southern California Association of Governments (SCAG) for review and comment. The proposed project includes an update to the Housing and Safety Elements of the General Plan to address changes required by state law.

Based on SCAG staff’s review, the Initial Study/Negative Declaration (IS/ND) does not reference the most recently adopted 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS or Connect SoCal). SCAG staff comments are detailed in the attachment to this letter.

When available, please send project related documents and notices to [email protected]. If you have any questions regarding the attached comments, please contact the Intergovernmental Review (IGR) Program, attn.: Anita Au, Senior Regional Planner, at (213) 236-1874 or [email protected]. Thank you.

Sincerely,
Frank Wen, Ph.D.

Manager, Planning Strategy Department
ATTACHMENT 3
610 Click Here to Return to Agenda
November 16, 2021 SCAG No. IGR10504
Ms. Flores Page 2

COMMENTS ON THE NOTICE OF INTENT TO ADOPT A

NEGATIVE DECLARATION FOR THE
LA QUINTA HOUSING AND SAFETY ELEMENT UPDATES [SCAG NO. IGR10504]

SUMMARY
Pursuant to Senate Bill (SB) 375, SCAG is the designated Regional Transportation Planning Agency under state law and is responsible for preparation of the Regional Transportation Plan (RTP) including the Sustainable Communities Strategy (SCS). SCAG’s feedback is intended to assist local jurisdictions and project proponents to implement projects that have the potential to contribute to attainment of Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals and align with RTP/SCS policies.

Based on SCAG staff review, the IS/ND does not reference the most recently adopted 2020 Connect SoCal. SCAG staff recommends including references to Connect SoCal as described in the following sections.

CONNECT SOCAL GOALS
The SCAG Regional Council fully adopted Connect SoCal in September 2020. Connect SoCal, also known as the 2020 – 2045 RTP/SCS, builds upon and expands land use and transportation strategies established over several planning cycles to increase mobility options and achieve a more sustainable growth pattern. The long-range visioning plan balances future mobility and housing needs with goals for the environment, the regional economy, social equity and environmental justice, and public health. The goals included in Connect SoCal may be pertinent to the proposed project.

These goals are meant to provide guidance for considering the proposed project. Among the relevant goals of Connect SoCal are the following:

SCAG CONNECT SOCAL GOALS
Goal #1: Encourage regional economic prosperity and global competitiveness Goal #2: Improve mobility, accessibility, reliability and travel safety for people and goods Goal #3: Enhance the preservation, security, and resilience of the regional transportation system Goal #4: Increase person and goods movement and travel choices within the transportation system Goal #5: Reduce greenhouse gas emissions and improve air quality Goal #6: Support healthy and equitable communities
Goal #7: Adapt to a changing climate and support an integrated regional development pattern and transportation network
Goal #8: Leverage new transportation technologies and data-driven solutions that result in more efficient travel Goal #9: Encourage development of diverse housing types in areas that are supported by multiple transportation options
Goal #10: Promote conservation of natural and agricultural lands and restoration of habitats 611 Click Here to Return to Agenda
November 16, 2021 SCAG No. IGR10504
Ms. Flores Page 3
Connect SoCal Strategies
To achieve the goals of Connect SoCal, a wide range of land use and transportation strategies are included in the accompanying twenty (20) technical reports. Of particular note are multiple strategies included in Chapter 3 of Connect SoCal intended to support implementation of the regional Sustainable Communities Strategy (SCS) framed within the context of focusing growth near destinations and mobility options; promoting diverse housing choices; leveraging technology innovations; supporting implementation of sustainability policies; and promoting a Green Region. To view Connect SoCal and the accompanying technical reports, please visit the Connect SoCal webpage.

Connect SoCal builds upon the progress from previous RTP/SCS cycles and continues to focus on integrated, coordinated, and balanced planning for land use and transportation that helps the SCAG region strive towards a more sustainable region, while meeting statutory requirements pertinent to RTP/SCSs. These strategies within the regional context are provided as guidance for lead agencies such as local jurisdictions when the proposed project is under consideration.

SCAG Staff Comments
SCAG staff recommends that you review 2020 Connect SoCal and consider its adopted goals and policies when finalizing the proposed project.

DEMOGRAPHICS AND GROWTH FORECASTS
A key, formative step in projecting future population, households, and employment through 2045 for Connect SoCal was the generation of a forecast of regional and county level growth in collaboration with expert demographers and economists on Southern California. From there, jurisdictional level forecasts were ground-truthed by subregions and local agencies, which helped SCAG identify opportunities and barriers to future development. This forecast helps the region understand, in a very general sense, where we are expected to grow, and allows SCAG to focus attention on areas that are experiencing change and may have increased transportation needs. After a year-long engagement effort with all 197 jurisdictions one-on-one, 82 percent of SCAG’s 197 jurisdictions provided feedback on the forecast of future growth for Connect SoCal. SCAG also sought feedback on potential sustainable growth strategies from a broad range of stakeholder groups – including local jurisdictions, county transportation commissions, other partner agencies, industry groups, community-based organizations, and the general public. Connect SoCal utilizes a bottomup approach in that total projected growth for each jurisdiction reflects feedback received from jurisdiction staff, including city managers, community development/planning directors, and local staff. Growth at the neighborhood level (i.e., transportation analysis zone (TAZ) reflects entitled projects and adheres to current general and specific plan maximum densities as conveyed by jurisdictions (except in cases where entitled projects and development agreements exceed these capacities as calculated by SCAG). Neighborhood level growth projections also feature strategies that help to reduce greenhouse gas emissions (GHG) from automobiles and light trucks to achieve Southern California’s GHG reduction target, approved by the California Air Resources Board (CARB) in accordance with state planning law. Connect SoCal’s Forecasted Development Pattern is utilized for long range modeling purposes and does not supersede actions taken by elected bodies on future development, including entitlements and development agreements. SCAG does not have the authority to implement the plan -- neither through decisions about what type of development is built where, nor what transportation projects are ultimately built, as Connect SoCal is adopted at the jurisdictional level. Achieving a sustained regional outcome depends upon informed and intentional local action. To access jurisdictional level growth estimates and forecasts for years 2016 and 2045, please refer to the Connect SoCal Demographics and Growth Forecast Technical Report. The growth forecasts for the region and applicable jurisdictions are below.
612 Click Here to Return to Agenda
November 16, 2021 SCAG No. IGR10504
Ms. Flores Page 4
Adopted SCAG Region Wide Forecasts Adopted City of La Quinta Forecasts Year 2020 Year 2030 Year 2035 Year 2045 Year 2020 Year 2030 Year 2035 Year 2045 Population 19,517,731 20,821,171 21,443,006 22,503,899 41,315 43,734 45,034 47,662 Households 6,333,458 6,902,821 7,170,110 7,633,451 16,008 17,332 18,035 19,392 Employment 8,695,427 9,303,627 9,566,384 10,048,822 17,172 17,955 18,215 18,697 SCAG Staff Comments
SCAG staff recommends including a reference to the population, housing, and employment trends and forecasts based on the most recently adopted SCAG 2020 Connect SoCal Regional Growth Forecasts to recognize the city’s planned growth.

REGIONAL HOUSING NEEDS ALLOCATION
On March 4, 2021 SCAG’s Regional Council adopted the 6
th cycle Final Regional Housing Needs Assessment (RHNA) Allocation Plan which covers the planning period October 2021 through October 2029. The 6th cycle Final RHNA allocation for the applicable jurisdiction is below.

SCAG 6th Cycle Final RHNA Allocation for City of La Quinta Income Category RHNA Allocation (Units)
Very low income 420
Low income 269
Moderate income 297
Above moderate income 544
Total RHNA Allocation 1,530
Sixth cycle housing elements were due to the California Department of Housing and Community Development (HCD) by October 15, 2021. SCAG encourages jurisdictions to adopt a housing element in compliance with State housing law as determined by review from HCD. Jurisdictions that do not have an adopted compliant housing element may be ineligible for certain State funding and grant opportunities and may be at risk for legal action from stakeholders or HCD.

SCAG staff would like to call your attention to SCAG’s HELPR 2.0, a web-mapping tool developed by SCAG to help local jurisdictions and stakeholders understand local land use, site opportunities, and environmental sensitivities for aligning housing planning with the state Department of Housing and Community Development’s (HCD) 6th cycle housing element requirements.

SCAG Staff Comments
Table 1 Regional Housing Needs Assessment, 2021-2029 on page 2 of the IS/ND includes the correct Final RHNA Allocation numbers.

ENVIRONMENTAL JUSTICE
SCAG Staff Comments
Per Senate Bill 1000 (SB 1000), local jurisdictions in California with disadvantaged communities are required to develop an Environmental Justice (EJ) Element or consider EJ goals, policies, and objectives in their General Plans when updating two or more General Plan Elements. The City of Laguna Woods does not have any disadvantaged communities but if the City would like to consider environmental justice in its General Plan Update, SCAG staff 613 Click Here to Return to Agenda
November 16, 2021 SCAG No. IGR10504
Ms. Flores Page 5
recommends that you review the Environmental Justice Technical Report and the updated Environmental Justice Toolbox, which is a resource document to assist local jurisdictions in developing EJ-related goals and policies regarding solutions for EJ-related community issues.
614 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: REQUEST TO CONTINUE PUBLIC HEARING TO APPROVE DEVELOPMENT AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE

PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608; LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52

RECOMMENDATION
Continue the public hearing to March 1, 2022 to ensure noticing requirements comply with the La Quinta Municipal Code.

EXECUTIVE SUMMARY
 Tract 33085 was approved by City Council December 5, 2017, for seven (7) units south of Beth Circle and Tract 36279 was approved by City Council March 17, 2015, for 11 units, north of Beth Circle (Attachment 1). Mitigated Negative Declarations (MND) were also adopted for each Tract.
 Tract 36279 was built in 2015/2016 and the 11 units each currently have had active Short-Term Vacation Rental (STVR) permits since September 2016. Tract 33085 has not yet been built.
 The applicant is proposing a development agreement to continue the short-term rental of the existing 11 units and allow the seven units (not yet built) to be rented short-term.
 The Planning Commission at its regular meeting of January 25, 2022, voted to recommend City Council approve the development agreement.

FISCAL IMPACT
The project is estimated to generate revenue primarily through property taxes, development impact fees (DIF), property taxes in-lieu of vehicle license fees and transient occupancy tax (TOT). The following projections are included in the Fiscal Impact Study prepared by the applicant (Attachment 2).

PUBLIC HEARING ITEM NO. 2
615 Click Here to Return to Agenda
Estimated Fiscal Impact at Build-out
Recurring Revenues
Property Tax $23,263
Property Tax in lieu of VLF $7,731
Transient Occupancy Tax $831,183
Off-site Sales Tax $43,849
Other revenues $36,140
Total Recurring Revenues $942,166
Recurring Expenditures
(i.e., Police, Fire, City staff)
$131,577
Net Fiscal Surplus $810,589
The additional costs incurred to the City as a result of the project are less than the additional revenues generated; therefore, resulting in a net positive fiscal impact.

BACKGROUND/ANALYSIS
The Polo Villas residential development is comprised of 18 units within two (2) tract maps numbered 33085 and 36279 (Attachment 1). The tentative tract map for Tract 33085 was approved and a MND was adopted for seven (7) units on December 6, 2005. The final tract map was approved and recorded in December 2017. The tentative tract map for Tract 36279 was approved and a MND was adopted for 11 units on August 2, 2011. The final tract map was approved in March 2015 and recorded in April 2015. Of the 18 units, 11 have been built and currently have active STVR permits since 2016.

In May 2021, the City Council adopted an ordinance that places a permanent ban on issuance of new STVR permits, with the exception of units within the Village and Tourist Commercial zones and developments subject to a development agreement (DA) that stipulate short-term rental is allowed, among other specified exceptions. Those with current active STVR permits may continue to operate as STVRs, but STVR permits are not transferable and expire when an owner sells their property to a new owner. In this case, the applicant (GTGF, LLC) has a purchase and sale agreement to buy the 18 properties from the current owner (Desert Polo Land Company, LLC) and wishes to enter into a DA with the City to allow STVRs to continue to operate.

Government Code Section 65864 and the La Quinta Municipal Code (LQMC) Section 9.250.020 allow applicants to enter into DAs with the City. 616 Click Here to Return to Agenda
Development Agreement Terms
The terms of the draft DA (Exhibit A) are summarized below:
 The project shall be constructed in accordance with project approvals and shall consist of a residential single-family development specifically developed and available for use as primary residences, secondary residences, and/or short-term vacation rental residences, with the following components:
o Annual permitting fees to be consistent with the City’s fee program;
o Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax for short-term vacation rentals;
o Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the applicant or their authorized management company for the short-term vacation rentals at the site;
o Occupancy in any residence, including residences used as shortterm vacation rentals, shall be capped at two (2) persons per bedroom, plus no more than four (4) additional occupants; and o Each of the residences shall allow for transient occupancy, 30 days or less.
 A performance schedule for construction of the seven (7) units on the south side of the project.
 The term of the DA shall be for 50 years.
 The DA shall be reviewed on an annual basis.

Findings
Council is required to make the following findings on the DA per LQMC Section

9.250.020.
 Consistency with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan as follows:
o Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. 617 Click Here to Return to Agenda
o Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern.
o Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region.
o Goal ED-2: The continued growth of the tourism and resort industries in the City.
o The properties are available and must be used for residential purposes which is consistent with the land use pattern in the area.

The properties would also be able to be used for short-term vacation rental residences thus contributing to the economic base and tourism industry of the City.
 Compatibility with the uses authorized in and the regulations prescribed for the land use district in which the real property is located:
o The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rental residences, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area given the proximity to surrounding residential areas and polo fields to the east of Madison Street.
 Conformity with the public necessity, public convenience, general welfare and good land use practices:
o The properties may be used as residences which is consistent with the surrounding area.
 Will not be detrimental to the health, safety and general welfare:
o The properties may be used as residences which is consistent with the surrounding area.
 Will not adversely affect the orderly development of property or the preservation of property values:
o The DA facilitates development of high-quality homes and extends residential development along Madison Street in the project area.  Will have a positive fiscal impact on the City:
o The fiscal study prepared for the DA shows a positive fiscal impact on the City from revenues gained through payment of certain development impact fees for undeveloped units, increased property taxes and transient occupancy taxes when units are rented on a short-term basis (Attachment 2).
618 Click Here to Return to Agenda

AGENCY AND PUBLIC REVIEW
Public Agency Review
This request was sent to all applicable City departments and all applicable comments have been adequately addressed.

Public Notice
This project was advertised in The Desert Sun newspaper on February 4, 2022 and on February 12, 2022. The hearing notice was also mailed to residents and occupants within a 500 ft. radius of the project site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the City Council meeting. To ensure compliance with noticing requirements of the Municipal Code, Staff is requesting a continuance of the matter to March 1, 2022.

Planning Commission Review
At its regular meeting of January 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 2022-004 recommending Council approval of the proposed development agreement.

ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the proposed project is consistent with MND EA2005-537 adopted by City Council on December 6, 2005, by Resolution No. 2005-097 and MND EA2010-608 adopted on August 2, 2011, by Resolution No. 2011-073, in that the properties are available and must be used for residential purposes as primary or secondary residences or short-term rental residences.

Prepared by: Cheri Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map

2. Fiscal Impact Study
619 Click Here to Return to Agenda
620 Click Here to Return to Agenda
ORDINANCE NO. XX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, APPROVING

A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF LA QUINTA AND GTGF,

LLC RELATING TO POLO VILLAS RESIDENCES

AND A FINDING THAT THE PROJECT IS

CONSISTENT WITH ENVIRONMENTAL
ASSESSMENTS 2005-537 AND 2010-608
CASE NUMBER:

DEVELOPMENT AGREEMENT 2021-0003
APPLICANT: GTGF, LLC
WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 25, 2022, hold a duly noticed Public Hearing and after review and consideration of this item, and hearing all public testimony, adopt Planning Commission Resolution 2022-004 and recommended approval of said Development Agreement for the Polo Villas residences, generally located west of Madison Street, south of Avenue 50 and north of Avenue 52; and
WHEREAS, the City Council of the City of La Quinta, California did, on February 15, 2022, hold a duly noticed Public Hearing to consider the request for a Development Agreement for the Polo Villas residences; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 4, 2022, as prescribed by the Municipal Code; and
WHEREAS, Design and Development Department determined that the project is consistent with Mitigated Negative Declarations adopted December 6, 2005 (EA2005-537) and August 2, 2011 (EA2010-608) and no further environmental review is required under the California Environmental Quality Act. The Planning Commission considered this determination prior to their recommendation; and
621 Click Here to Return to Agenda
Ordinance No. XX
Polo Villas Residences
Adopted:

Page 2 of 5 ends

WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Development Agreement (Exhibit A):

1. The Development Agreement is consistent with the applicable objectives, policies, general land uses and programs of the La Quinta General Plan as follows:
a. Policy LU-6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base. b. Policy LU-3.1: Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern.
c. Goal ED-1: A balanced and varied economic base serving both the City’s residents and the region.
d. Goal ED-2: The continued growth of the tourism and resort industries in the City.
e. The properties are available and must be used for residential purposes which is consistent with the land use pattern in the area. The properties would also be able to be rented as shortterm vacation rental residences thus contributing to the economic base and tourism industry of the City.

2. The Development Agreement is compatible with the uses authorized and the regulations prescribed for the land use district in which the real property is located. The properties are available and must be used for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, which residential use is consistent with the permissible uses of the land use district the property is located in. This is appropriate for the area given the proximity to surrounding residential and polo fields to the east of Madison Street.

3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare and good land use practices. The project may be used as residences, which is consistent with the surrounding area and extends residential development along Madison Street in the project area.

4. The Development Agreement will not be detrimental to the health, safety and general welfare. The project may be used as residences, which is consistent with the surrounding area.

5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that 622 Click Here to Return to Agenda
Ordinance No. XX
Polo Villas Residences
Adopted:

Page 3 of 5 ends

it facilitates development of high-quality homes and extends residential development along Madison Street in the project area.

6. The Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through payment of certain development impact fees, increased property taxes, and transient occupancy taxes, when units are rented on a short-term basis.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 15th day of February, 2022, by the following vote:
623 Click Here to Return to Agenda
Ordinance No. XX
Polo Villas Residences
Adopted:

Page 4 of 5 ends

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
624 Click Here to Return to Agenda
Ordinance No. XX
Polo Villas Residences
Adopted:

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the ______ day of ______________, 2022, and was adopted at a regular meeting held on the _________ day of ________________, 2022, 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. 2015-023.
_______________________
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 , pursuant to Council Resolution.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
625 Click Here to Return to Agenda
626 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22

RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fee per Gov’t Code §6103
and §27383)

DEVELOPMENT AGREEMENT BY AND BETWEEN
THE

CITY OF LA QUINTA
AND

GTGF, LLC
ORDINANCE NO. XXX

EXHIBIT A
ADOPTED: _________, 2022
627 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -1-

DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of the day of ____________ ___, 2022 (“Reference Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California (“City”), and GTGF, LLC, a Delaware limited liability company, (“Developer”), with reference to the following:

RECITALS:

A. Government Code Section 65864 et seq. (“Development Agreement Act”) authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.

B. Pursuant to Government Code Section 65865, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”).

C. Developer has an equitable interest pursuant to that certain Agreement of Purchase and Sale entered into on or about October 27, 2021, by and between Developer (as Buyer) and Desert Polo Land Company, LLC, a Delaware limited liability company (as Seller) (the “Purchase/Sale Agreement”), for the purchase to own certain improved real property consisting of 11 single-family residence (SFR) properties located on multiple parcels at the addresses 51005- 51205 Evangeline Way, La Quinta, CA 92553, and certain vacant real property consisting of 7 unimproved residential lots with Assessor Parcel Numbers (“APNs”) 777-500-016 thru -022 and 777-500-025, in the City of La Quinta, County of Riverside, State of California, as more particularly described in the legal descriptions in Exhibit A attached hereto and incorporated herein by this reference (collectively, the “Property” and each individual parcel (whether improved or vacant) may be referred to herein as “One of the Properties”), and more particularly depicted with corresponding APNs on the Site Map attached hereto as Exhibit B and incorporated herein by this reference (the “Site”).

D. Developer has duly submitted an application for a development agreement and environmental assessment for the development of the Property and/or improvements to previously improved portions of the Property, to use as a residential community that includes and would allow for the development, permitting, operation and use of eighteen (18) residences constructed or be constructed within the Site as short-term vacation rentals pursuant to Chapter 3.25 of the La Quinta Municipal Code (briefly summarized here as the “Project” and more fully defined below in this Agreement). (For reference purposes only, a copy of Chapter 3.25, as that chapter exists on the Effective Date, is attached to this Agreement as Exhibit E.) The Project is more fully described in, and subject to (i) this Agreement, (ii) the City’s General Plan,(iii) Final Tract Map Nos. 36279 and 33085, and any conditions of approval appurtenant thereto (iv) any applicable Specific Plan or Site Development Permit in effect as of the Effective Date, and any conditions of approval appurtenant thereto, (v) any future discretionary or ministerial approvals and/or permits issued for the Property, Site or Project (collectively, the “Project Site Development Permits”); and (vi) any future subdivision maps approved for the Property, Site, or Project, (collectively, the “Future Tract Maps”). The documents, permits, approvals, and conditions described in the foregoing clauses (i)- 628 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -2-
(vi) are collectively referred to herein as the “Project Approvals,” and are, or when approved or issued shall be, on file with the City Clerk.

E. A condition for the closing of the escrow for the Property as set forth in the Purchase/Sale Agreement is the entering into a development agreement between Developer and City. This Agreement is in furtherance of satisfying said condition to closing. Therefore, pursuant to the terms and conditions of the Purchase/Sale Agreement and this Agreement, as of the recording date of this Agreement, Developer owns fee simple title to the Property, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Property, including, without limitation, each One of the Properties that comprise the Site.

F. Consistent with Section 9.250.020 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein.

G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City’s General Plan, including the goals and objectives thereof.

H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters.

I. On _________, 2022, the City Council adopted its Ordinance No. ___ approving this Agreement.

AGREEMENT:

NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:

1. GENERAL

1.1 Definitions

1.1.1 “Affiliated Party” shall mean (i) any person or entity that directly or indirectly owns or has voting or management rights of Developer or its members or managers, (ii) any entity that is directly or indirectly owned, controlled or managed by Developer 629 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -3-
or its members or managers, or such members’ or managers’ shareholders, or (iii) any entity that is a permitted assignee under the Purchase/Sale Agreement which meets the criteria in either clause (i) or (ii) of this Section 1.1.1.

1.1.2 “Agreement” means this Development Agreement and all amendments and modifications thereto.

1.1.3 “Applicable Rules” means the rules, regulations,
ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement, including, but not limited to, the City’s General Plan, Chapter

3.25 of the La Quinta Municipal Code, and any applicable zoning ordinance and specific plan.

Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities required with respect to the Project, if any, shall be those that are in effect at the time any of said Project applications and plans are being processed for approval and/or under construction.

1.1.4 “Assignment and Assumption Agreement” shall have the meaning set forth in Section 1.8.1 of this Agreement.

1.1.5 “CEQA” means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.).

1.1.6 “City” means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission.

1.1.7 “City Council” means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867.

1.1.8 “Development Director” means the Director of the City’s Design and Development Department, or his or her designee.

1.1.9 “Developer” means the Developer identified in the preamble of this Agreement.

1.1.10 “Development Agreement Act” means Section 65864 et seq., of the California Government Code.

1.1.11 “Discretionary Action” means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies.
630 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -4-

1.1.12 “Effective Date” shall have the meaning set forth in Section

1.3 of this Agreement.

1.1.13 “Future Tract Maps” shall have the meaning set forth in Recital D.

1.1.14 “General Plan” means the General Plan of the City.

1.1.15 “Insubstantial Modification” shall have the meaning set forth in Section 1.6(a) of this Agreement.

1.1.16 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date.

1.1.17 [reserved]

1.1.18 “Parties” means collectively Developer and City. Each shall be referred to in the singular as a “Party”.

1.1.19 “Performance Schedule” shall mean the performance schedule for the Project attached hereto as Exhibit D and incorporated herein by reference, and as further described in Section 3.3.

1.1.20 “Planning Commission” means the City Planning
Commission and the planning agency of the City pursuant to California Government Code Section 65867.

1.1.21 “Project” means the development, improvement, use and operation of the Site as set forth in more detail in Section 3.1.

1.1.22 “Project Approvals” shall have the meaning set forth in Recital D.

1.1.23 “Purchase/Sale Agreement” shall have the meaning set forth in Recital C.

1.1.24 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project and/or use the Property and Site in accordance with the Project Approvals and this Agreement; provided, however, that with respect to such New Laws which would conflict with this Agreement or 631 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -5-
prevent, or materially impair Developer’s ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Site only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property or at the Site; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a material loss of funds or material loss of access to funding or other resources, with “material loss” in this clause (3) meaning Seventy Five Thousand Dollars ($75,000.00) or more, as such minimum threshold amount of $75,000 may be adjusted as of January 1 of each calendar year (the “Adjustment Date”) during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date), (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property (and each One of the Properties) and the Site in a non-discriminatory manner that does not prevent or materially impair Developer’s ability to develop the Project and/or operate or use the Site and Project in accordance with the Project Approvals and this Agreement.

1.1.25 “Site” shall have the meaning set forth in Recital C.

1.1.26 [reserved]

1.1.27 “Site Map” means the map that shows the location of the Site and immediately adjacent properties, which is attached hereto as Exhibit B.

1.1.28 [reserved]

1.1.29 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein.

1.1.30 “Transferee” means individually or collectively, Developer’s successors in interest, assignees or transferees of all or any portion of the Site.

1.1.31 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide).

1.1.32 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code.
632 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -6-

1.2 Term.

The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements.

1.3 Effective Date.

This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of __________________ (“Effective Date”), which is the date that Ordinance No. _____ takes effect.

1.4 Statement of Benefits and Consideration.

The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom.

City finds and determines that the Project is in the best interests of the health, safety and general welfare of City and its residents, and that entering into this Agreement constitutes a valid, present exercise of its police power. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted Ordinance No._____ approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits.

In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and use of the Project at the Site for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project and the Site can be constructed and used during the Term of this Agreement in accordance with the Applicable Rules and this Agreement.

1.5 City CEQA Findings.

City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the state and local procedural review requirements adopted thereunder. City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA.

1.6 Modification or Amendment of this Agreement.

Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or 633 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -7-
their successors in interest, consistent with Government Code Sections 65867-65868, the City’s Development Agreement Ordinance, and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA either as not a “project” under CEQA or as exempt from CEQA shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (d) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder.

1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption.
634 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -8-

1.7 Termination; Applicable to All of the Property.

Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect each and every One of the Properties and the entire Property and the Site, and no owner of One of the Properties may apply for a termination or terminate this Agreement with respect to that owner’s One of the Properties unless all of the owners of the Property and each and every One of the Properties apply for and seek to terminate this Agreement for the entire Property and Site. In explanation of the foregoing, this Agreement shall apply to each One of the Properties for the entire duration of the Term, and no One of the Properties may be released from or excused for performance under this Agreement by way of terminating this Agreement for that One of the Properties, unless all of the Property and Site are released from this Agreement.

1.8 Assignment of Interests, Rights and Obligations.

Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in any One of the Properties, the Property and/or the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following:

1.8.1 Assignment and Assumption Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Property and/or the Site (other than a transfer or assignment by Developer to a Mortgagee, defined below), Developer and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that portion of the Property and/or Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property and/or Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to an Affiliated Party or a Mortgagee), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within thirty (30) days to any request made by Developer for such consent shall be deemed to be City’s unconditional approval of the Assignment and Assumption Agreement in question. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee.

Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. 635 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -9-
(c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property and/or Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Property and/or Site or the portion thereof sold or transferred, as applicable, and (d) City has, in the exercise of its reasonable discretion, satisfied itself of transferee’s ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein. (d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor.
(e) The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.

1.8.2 Transfers for Mortgages.

Any transfers or assignments for any Mortgagee shall be subject to the provisions in Article 7 of this Agreement.

1.8.3 Transfers to Affiliated Parties.

Developer, or any Affiliated Party of Developer, may at any time and without City’s prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations. Developer shall deliver to City, no later than ten (10) days after such transfer an Assignment and Assumption Agreement memorializing the transfer of Developer’s rights and obligations under this Agreement to an Affiliated Party, along with that Affiliated Party’s contact information for notices to be delivered pursuant to this Agreement. 636 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -10-

2. AGREEMENTS AND ASSURANCES

2.1 Agreement and Assurance on the Part of Developer.

In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement.

2.2 Agreement and Assurances on the Part of the City.

In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows:

2.2.1 Vested Entitlement to Develop.

Developer has the vested right to develop, improve, operate and use the Property, Site, and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property and the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property and the Site within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement.

Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations.

Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement:
(i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement;
(ii) the right to develop, improve, and use the Property (and each One of the Properties) and the Site for short-term vacation rentals; 637 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -11-
(iii) all New Laws applied to Developer through the City’s Reserved Powers; (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits;
(v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid.

2.2.2 Changes in Applicable Rules.
(A) Nonapplication of Changes in Applicable Rules.

Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property, Site, and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Property (or any One of the Properties), Site, or Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property (and each One of the Properties) and the Site for short-term vacation rentals pursuant to Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement. The right to apply for a new or renewal permit, and the City’s ability to review and issue a new or renewal permit, for short-term vacation rentals on the Property (or any One of the Properties), Site, or Project, shall be allowed and authorized by this Agreement.

Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property (which shall mean each One of the Properties), Site, and/or Project of any change in the Applicable Rules.
(B) Changes in Uniform Codes.

Notwithstanding any provision of this Agreement to the contrary, development and use of the Property, Site, and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. 638 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -12-
(C) Changes Mandated by Federal or State Law.

This Agreement shall not preclude the application to the Property, Site, and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers.

In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations.

2.2.3 Subsequent Development Review.

Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City’s review and issuance of a new or renewal permit, for short-term vacation rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes.

2.2.4 Effective Development Standards.

City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property (and each One of the Properties) and Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property and Site to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits.

3. DEVELOPER’S OBLIGATIONS

3.1 Development of the Project; Planned Development.

Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term vacation rentals, with the following components:
(A) Annual permitting fees to be consistent with the City’s fee program; (B) Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for short-term vacation rentals; (C) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may 639 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -13-
be approved by City policy or code) by the Developer or Developer’s authorized management company for the short-term vacation rentals at the Site; (D) Occupancy in any residence, including residences used as shortterm vacation rentals, shall be capped at two (2) persons per bedroom, plus no more than four (4) additional occupants; and
(E) All residences at the Site (and on each One of the Properties) shall allow for transient occupancy, which means occupancy for thirty (30) days or less.

3.2 Compliance with Government Code Section 66473.7
Developer shall comply with the provisions of Government Code Section 66473.7 with respect to any Tract Maps prepared for the Project.

3.3 Performance Schedule
Developer shall plan, design and construct the Project in a timely manner, generally in accordance with the Performance Schedule attached hereto as Exhibit D. The Parties acknowledge and agree that the Performance Schedule is a general sequencing of the phases of the Project, and such sequencing may be modified by Developer to effectuate construction and end-use efficiencies. If Developer, in its good faith discretion, anticipates or decides a phase of the Project may need to be removed or an additional phase of the Project should be added, or the timing for completion of phases should be revised, the Performance Schedule may be amended by mutual written agreement of the Parties. The City may approve or deny a requested amendment to the Performance Schedule in its reasonable discretion, provided that such approval shall not be unreasonably withheld or delayed. In evaluating a Developer request for an amendment to the Performance Schedule, the City shall give strong consideration and latitude to Developer in the Developer’s good faith exercise of business judgement based on market conditions and other factors Developer deems appropriate in connection with the requested amendment. The City Manager is individually authorized to sign such amendments on behalf of the City.

3.4 Funding, Fees, Permits, and Approvals.

3.4.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project.

3.4.2 Fees, Permits, and Approvals Governed by Municipal Code. Except for any permitting or approval process for short-term vacation rentals that would be directly in conflict with Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term vacation rentals), and all permits and approvals for the Property, Site, and Project, shall be governed by the provisions of the La Quinta Municipal Code and shall be paid and performed in accordance therewith. All such fees and applications submitted to the City shall be processed in accordance with the then-current La Quinta Municipal Code, including the timing provisions therein, and shall not be accorded separate treatment pursuant to this Agreement except for any permitting or approval process for short-term vacation rentals that would be directly in conflict with Article 5 [SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY 640 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -14-
TAXES] of this Agreement. All City-imposed fees, including the fees for short-term vacation rental permitting, shall be in the amount prescribed by the La Quinta Municipal Code or duly adopted City Council Resolution, in effect at the time the fee is imposed.

3.4.3 Imposition of Existing and Future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Property, Site, or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property, Site, or Project, including but not limited to transient occupancy taxes.

Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq.

3.5 Dedications and Improvements; Improvement Security.

In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer’s obligations under this Agreement to construct the on-site and off-site improvements identified on that map. The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code.

3.6 Indemnification.

Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction and development-related activities on the Site by Developer, and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”), excluding those resulting from the negligence or willful misconduct of the City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees. 641 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -15-
In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title.

3.7 Obligation to Close Escrow; Recording of Agreement.

This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to develop and use the Property, Site, and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Riverside County Recorder’s Office for Official Records, and this Agreement shall be recorded only if Developer closes escrow for the Property pursuant to the Purchase/Sale Agreement. Upon the close of escrow, this Agreement shall be recorded against the Property. If escrow is cancelled or fails to close pursuant to the Purchase/Sale Agreement, this Agreement shall automatically terminate and be of no further force and effect without the need of either Party hereto to take any additional action in furtherance of said termination.

4. CITY’S OBLIGATIONS

4.1 Scope of Subsequent Review/Confirmation of Compliance Process.

Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City’s Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.

Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate (“Certificate”), in substantially the same form as that attached hereto as Exhibit C. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate.

4.2 Project Approvals Independent.

All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect 642 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -16-
pursuant to their own terms, provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements.

4.3 Review for Compliance.

City shall review this Developer’s compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City’s procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City, through the Development Director, shall, at Developer’s written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate.

5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES.

5.1 Short Term Vacation Rental Use.

This Agreement expressly provides that short-term vacation rentals are a permitted use on the Property (and each One of the Properties) within the Project that allows residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except as expressly provided in this Agreement, the City shall not impose on or apply to the Project or any part thereof (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that would prevent, prohibit or materially impair the ability of Developer to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project. Notwithstanding the foregoing, and except as expressly provided in this Agreement, short-term vacation rentals on the Property (and each One of the Properties) within the Project shall be subject to Short-Term Vacation Rental Regulations set forth in Chapter 3.25 (or successor provisions) of the La Quinta Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City’s Short-Term Vacation Rental Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City’s Short-Term Vacation Rental Regulations. Pursuant to the expressed exceptions referenced in the preceding sentence, and due to the unique location, character and history of the Property, the following provisions shall apply to the use and operation of the Property (and each One of the Properties) within the Project:
643 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -17-

5.1.1 Noise Compliance Provisions. Notwithstanding any provision in the La Quinta Municipal Code to the contrary, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside of any short-term vacation rental unit, or be audible at a level that violates the standards and regulations for permissible noise as set forth in Sections 9.100.210 and 11.08.040 (or successor provisions) of the La Quinta Municipal Code (as measured using standard noise measuring instruments) from the outside of any short-term vacation rental unit, between the hours of 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations of noise-related violations shall be made by the City or its authorized designee from any location at which a City official or authorized designee may lawfully be, including but not limited to any public right-of-way, any City-owned public property, and any private property to which the City or its authorized designee has been granted access.

5.1.2 Major Violations. Notwithstanding any provision in the La Quinta Municipal Code to the contrary, City shall not modify, suspend, refuse to renew or revoke a shortterm residential permit with respect to any one residential dwelling in the Project except upon two (2) major violations of Chapter 3.25 of the La Quinta Municipal Code or other provisions of the La Quinta Municipal Code within one (1) year by an owner, owner’s agent, occupant or responsible person of such residential dwelling. For purposes of this subsection 5.1.2, a “major violation” shall mean a violation of a particular section of the La Quinta Municipal Code that (i) resulted in a substantial impact on the use and enjoyment of adjacent or nearby properties and that has not been cured or eliminated within thirty (30) minutes after the City has given notice of the violation to the owner or the owner’s authorized agent or representative, or (ii) constituted a clear and present threat to public health and safety.

5.2 Transient Occupancy Tax.

All short-term vacation rentals in the Project shall be subject to, and comply with, the City’s Transient Occupancy Ordinance as set forth in Chapter 3.24 of the La Quinta Municipal Code. To the extent the City revises its Transient Occupancy Ordinance after the Effective Date of this Agreement, all short-term vacation rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section 5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short-term vacation rentals in the Project comply with the City’s requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement.

5.3 Capacity Limit for Short-Term Vacation Rentals
Notwithstanding anything to the contrary in the City’s Short-Term Vacation Rental Regulations, all short-term vacation rentals in the Project shall be subject to an occupancy cap of two (2) persons per bedroom, plus no more than four (4) additional occupants. 644 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -18-

5.4 Recordkeeping
All short-term vacation rentals in the Project shall be subject to, and comply with, Chapter

3.25 of the La Quinta Municipal Code, including but not limited to the recordkeeping requirements in Section 3.25.070(F) (or successor provisions).

Prior to occupancy of a short-term vacation rental unit in the Project, the owner or the owner’s authorized agent or representative shall:

1. Obtain the contact information of the responsible person; and

2. Provide copies of all electronically distributed short-term vacation rental information from the City, including any good neighbor brochure to the responsible person and post in a conspicuous location within the short-term vacation rental unit, in a manner that allows for the information to be viewed in its entirety; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner’s authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the City responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.

5.5 Covenants, Conditions and Restrictions.

All CC&Rs recorded on any portion of the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for all residential units, consistent with this Agreement and the requirements set forth in Chapter 3.25 of the La Quinta Municipal Code (or successor provisions) that are not in conflict with this Agreement. All such CC&Rs shall state:

1. The operational requirements and standard conditions applicable to short-term vacation rentals in the Project;

2. That all short-term vacation rentals in the Project are subject to the Transient Occupancy Tax pursuant to Chapter 3.24 of the La Quinta Municipal Code;

3. The occupancy limits for the residences, including residences used as shortterm vacation rentals;

4. That all short-term vacation rentals must be rented subject to a “rental agreement” as that term is defined in Section 3.25.030 of the La Quinta Municipal Code, as that section existed on the Effective Date of this Agreement. 645 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -19-

6. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

6.1 Notice of Default.

In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided herein, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.

6.2 Cure of Default.

Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion.

6.3 City Remedies.

In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term “consequential damages” shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City’s Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City’s Development Agreement Ordinance or the Development Agreement Act.

6.4 Developer’s Excusive Remedies.

The Parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys’ fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or 646 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -20-
use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer’s sole and exclusive judicial remedies.

7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE

7.1 Encumbrances on the Project Site.

This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project.

7.2 Mortgage Protection.

This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”) [whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement.

7.3 Mortgagee Not Obligated.

No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City’s performance hereunder.

7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.

With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title 647 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -21-
and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default.

8. MISCELLANEOUS

8.1 Notices, Demands and Communications Between the Parties.

Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice.

To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Community Development Director
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, California 92612
Attn: William H. Ihrke
To Developer: GTGF, LLC
800 W. Olympic Blvd Ste.305
Los Angeles, California 90015
Attn: Sean Breuner
With copies to: Nethery/Mueller/Olivier LLP
41750 Rancho Las Palmas Dr.

Suite H-1
Rancho Mirage, CA 92270
Attn: Daniel Olivier
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

8.2 Force Majeure.

In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this 648 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -22-
Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a “Force Majeure”): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer.

Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section

8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions.

8.3 Binding Effect.

This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site.

8.4 Independent Entity.

The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.

8.5 Agreement Not to Benefit Third Parties.

This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement.

8.6 Covenants.

The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens 649 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -23-
and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement.

8.7 Non-liability of City Officers and Employees.

No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City.

8.8 Covenant Against Discrimination.

Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.).

8.9 No Waiver.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof.

8.10 Severability.

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

8.11 Cooperation in Carrying Out Agreement.

Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder.

8.12 Estoppel Certificate.

Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is 650 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -24-
in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

8.13 Construction.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.

8.14 Recordation.

This Agreement shall be recorded with the County Recorder of Riverside County at Developer’s cost, if any, within the period required by Government Code Section 65868.5.

Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

8.15 Captions and References.

The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement.

8.16 Time.

Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element.

8.17 Recitals & Exhibits Incorporated; Entire Agreement.

The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 651 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -25-

8.18 Exhibits.

Exhibits “A” -”E” to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows:

A Legal Description of the Property and the Site
B Site Map
C. Compliance Certificate
D. Performance Schedule
E. Chapter 3.25 of LQMC

8.19 Counterpart Signature Pages.

For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement.

8.20 Authority to Execute; Representations and Warranties.

Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement.

8.21 City Approvals and Actions.

Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise in this Agreement or the law otherwise requires.

8.22 Governing Law; Litigation Matters.

The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of 652 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -26-
California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law.

Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses.

8.23 No Brokers.

Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.
653 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 -27-
IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”

GTGF, LLC,
a Delaware limited liability company
By:

Its:
“CITY”
CITY OF LA QUINTA, a California municipal
corporation
By: ___________________________
Name: Jon McMillen
Title: City Manager
ATTEST:

Monika Radeva
City Clerk

APPROVED AS TO FORM

RUTAN & TUCKER, LLP

William H. Ihrke
City Attorney
654 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 EXHIBIT A
EXHIBIT “A”

LEGAL DESCRIPTION OF SITE
[attached]
655 Click Here to Return to Agenda
2905
/015610-0183
17230608.13 a02/10/22
EXHIBIT A -1-
656 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 EXHIBIT B
EXHIBIT “B”

SITE MAP
[attached]
657 Click Here to Return to Agenda
2905
/015610-0183
17230608.13 a02/10/22
EXHIBIT B -1-
658 Click Here to Return to Agenda
2905
/015610-0183
17230608.13 a02/10/22
EXHIBIT B -2-
659 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22

EXHIBIT C
-1-
EXHIBIT “C”

COMPLIANCE CERTIFICATE
(GTGF, LLC DEVELOPMENT AGREEMENT)
The undersigned, GTGF, LLC, a Delaware limited liability company (“Developer”), pursuant to that certain Development Agreement dated _______________, 2022, (the “Development Agreement”), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the “City”) by its signature below hereby certifies to the City, for the City’s reliance that:

1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement;

2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate;

3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof.

4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE

DEVELOPMENT AGREEMENT TO BE SATISFIED PRIOR TO ISSUING BUILDING PERMIT].

IN WITNESS WHEREOF, this Compliance Certificate is executed effective the ______ day of _______________, ______, under penalty of perjury under the laws of California.

GTGF, LLC, a Delaware limited liability company
By:

Its:

By:

Its:
660 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22

EXHIBIT D
-1-
EXHIBIT “D”

PERFORMANCE SCHEDULE
Item of Performance Start Completion
TR 36279 (Improved Lots)
On-site and off-site improvements N/A Complete
TR 33085 (Vacant Lots)
Permitting
Grading and Engineering Permits April 2022 Within 6 months of application
Building Permits October 2022 Within 6 months of
application
Construction of Project Components
Construct off-site improvements N/A Complete
Construct all on-site improvements (rough grade, walls, street, storm drain, water, sewer, dry utilities, and
landscaping)
November 2022 May 2023
Place monuments December 2022 May 2023
Begin construction of 7 residential units April 2023 May 2023 Completion of construction of 7 residential units December 2023 March 2024 Obtain Certificate of Occupancy for 7 residential units March 2024 April 2024 661 Click Here to Return to Agenda
2905/015610-0183
17230608.13 a02/10/22 EXHIBIT E
EXHIBIT “E”
CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only)
[attached]
662 Click Here to Return to Agenda
Title 3 - REVENUE AND FINANCE
Chapter 3.25 SHORT-TERM VACATION RENTALS
La Quinta, California, Municipal Code Created: 2021-12-15 15:04:50 [EST] (Supp. No. 2, Update 2)

Page 1 of 15 ends

La Quinta City CouncilFebruary 15, 2022

La Quinta City Council
February 15, 2022