La Quinta City Council
June 7, 2022

GENERAL

1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel.

The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense.

2. All subsequent projects submitted within the Specific Plan boundary shall substantially conform to this Specific Plan.

3. The Mitigation Measures provided in the Coral Mountain Resort Environmental Impact Report shall apply to all projects constructed under this Specific Plan.

4. Within 30 days of approval, a final electronic copy of the Specific Plan shall be provided to the City for its files.

5. Outdoor storage shall be permitted in PA III-B and III-G only if fully screened from view. Specific Plan Table 3.3A shall be amended to include the words “fully screened from view” for Outdoor Storage.

6. The applicant shall provide the City and CDFW with a detailed plan, prior to any ground disturbance (including grubbing) on the project site, and shall construct a Peninsular Bighorn Sheep barrier which meets the requirements of the City and the California Department of Fish and Wildlife.

7. If any brush clearance obligation is imposed on any structure or project area within the Specific Plan boundary in the future, such brush clearance will not be permitted on BLM property. This requirement shall be applied to all future project approvals.

8. The perimeter improvements on Avenue 58, Madison Street, Avenue 60 and the western property line shall be completed prior to receipt of the first certificate of occupancy for the first development project on the site. These improvements will include curb, gutter, sidewalk, multi-use trail, parkway landscaping and project perimeter wall.
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

GENERAL

1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel.

The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense.

2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”).

The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.laquintaca.gov.

3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:
• Riverside County Fire Marshal
• La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit)
• La Quinta Design & Development Department
• Riverside Co. Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board
• SunLine Transit Agency (SunLine)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)

EXHIBIT G
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.

4. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit.

5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006- DWQ.

A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board.

The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at
www.cabmphandbooks.com for use in their SWPPP preparation.

B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City.

C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section

8.70.020 (Definitions)):
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non-Storm Water Management.
6) Waste Management and Materials Pollution Control.

D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project.

E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council.

F. The inclusion in the Master Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all postconstruction BMPs as required.

6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval.

7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval.
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

PROPERTY RIGHTS

8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements.

9. The applicant shall offer for dedication on the Final Map all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer.

10. The public street right-of-way offers for dedication required for this development include:

A. PUBLIC STREETS

1. Madison Street (Modified Secondary Arterial) – No additional right of way dedication is required. 55 feet from the centerline of Madison Street for a total 110-foot ultimate developed right of way

2. Avenue 58 (Modified Secondary Arterial) – 55 feet from the centerline of Avenue 58 along the project boundary

3. Avenue 60 (Collector) – 40 feet from the centerline of Avenue 60 for a total 80-foot ultimate developed right of way

11. The applicant shall retain for private use on the Final Map all private street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer.

12. The private street rights-of-way to be retained for private use required for this development include:

A. PRIVATE STREETS
Property line shall be placed at the back of curb similar to the lay out shown on the tentative map and the typical street section shown in the 889 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

tentative map. Use of smooth curves instead of angular lines at property lines is recommended.

Streets “A” thru “P” - Private Residential Streets shall have a minimum 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 24 feet if on-street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&Rs shall be reviewed and approved by the Design and Development Department prior to recordation.

13. Right-of-way geometry for standard knuckles and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer.

14. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans.

15. When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights-ofway, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City.

16. The applicant shall offer for dedication on the Final Map a ten-foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID.

17. The applicant shall create perimeter landscaping setbacks along all public rights-of-way as follows:

A. Madison Street (Secondary Arterial) - 10-foot from the R/W-P/L.

B. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. 890 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

C. Avenue 60 (Collector) - 10-foot from the R/W-P/L.

The listed setback depth shall be the average depth where a meandering wall design is approved.

The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes.

Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map.

18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map.

19. Direct vehicular access to Madison Street, Avenue 58, and Avenue 60 from lots with frontage along Madison Street, Avenue 58, and Avenue 60 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval.

The vehicular access restriction shall be shown on the recorded final tract map.

20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur.

21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer.

STREET AND TRAFFIC IMPROVEMENTS

22. The applicant shall comply with the provisions of LQMC Sections

13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 891 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
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PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

23. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot.

24. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS
1) Madison Street (Modified Secondary Arterial):
a. Construct 8-foot wide meandering sidewalk
b. Reconstruct the existing landscaped median to provide for full access movements at the primary entry and restore the median landscaping.

A left turn deceleration lane for the northbound traffic serving the main project entry shall provide a minimum of 150 feet of vehicle queuing as determined by the traffic study.
2) Avenue 58 (Modified Secondary Arterial):
a. Widen the south side of the street along all frontage to the project boundary to its ultimate width on the south side as specified in the General Plan to accommodate a
12-foot travel lane and a 6-foot shoulder and the
requirements of these conditions. Street widening
improvements shall include all appurtenant components
such as, but not limited to curb, gutter, traffic control striping, legends, and signs.
b. Multi-Use Trail - The applicant shall construct a multiuse trail per La Quinta Standard 260 or as approved by the City Engineer along the Avenue 58 frontage within
the landscaped setback. The location and design of the
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

be constructed along the roadway side of the multi-use
trail. At grade intersection crossings shall be of a
medium and design and location as approved by the
Public Works Department on the street improvement
plan submittal.

Multi-Use Trail will be maintained by the Developer or
HOA as applicable.
3) Avenue 60 (Collector):
a. Widen the north side of the street along all frontage to the project boundary to its ultimate width on the north side as specified in the General Plan and the
requirements of these conditions. The north curb face
shall be located twenty-five feet (25’) north of the
centerline. Street widening improvements shall include
all appurtenant components such as, but not limited to
curb, gutter, traffic control striping, legends, and signs. b. Construct an 8-foot wide sidewalk
The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks).
4) The applicant shall install the traffic signal at the intersection of Madison Street and project’s main access when warrants are met. Applicant is responsible for 100% of the cost to design and installation of the traffic signal. Applicant shall bond for the traffic signal DIF reimbursement amount
($430,000); the security shall remain in full force and effect until the signal is actually installed by the applicant. 5) The applicant shall design and install the traffic signal at the intersection of Madison Street and Avenue 58 when
warrants are met. Applicant shall bond for 100% of the
traffic signal DIF reimbursement amount ($430,000); the security shall remain in full force and effect until the signal is actually installed by the applicant. The applicant is subject 893 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

to a maximum of 75% reimbursement from available funds
in the City’s Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta for the reimbursement.
6) The applicant shall pay the fair-share amount listed below (percentage calculated in the Traffic Impact Analysis, Table 9-1) towards the design and construction of the following traffic signals. The cost to design and install a traffic signal is based on the traffic signal DIF reimbursement amount ($430,000).
- Madison Street at Avenue 54 - $38,700 (9% fair-share) - Jefferson Street at Avenue 54 – $17,200 (4% fair-share) - Monroe Street at Avenue 60 – $25,800 (6% fair share)
- Monroe Street at Avenue 58 – $47,300 (11% fair share) - Monroe Street at Airport Boulevard – $25,800 (6% fair share)
- Monroe Street at Avenue 54 – $21,500 (5% fair-share)
- Monroe Street at Avenue 52 – $17,200 (4% fair-share)
B. PRIVATE STREETS
1) Streets “A” thru “P” – Construct internal streets per the approved lay-out shown on the tentative map and/or as
approved by the City Engineer. Private Residential Streets shall have a minimum 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 24 feet if on-street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&Rs shall be reviewed and approved by the Design and Development Department
prior to recordation.
2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible.
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DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

25. All gated entries shall provide for a three-car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn-around outlet for nonaccepted vehicles.

Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1" = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn-around out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty-five feet width provided at the turn-around opening provided.

Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors.

The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department.

Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer.

26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows:

Residential 3.0" a.c./4.5" c.a.b.

Collector 4.0" a.c /5.0" c.a.b.

Secondary Arterial 4.0" a.c./6.0" c.a.b.
or the approved equivalents of alternate materials.

27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The 895 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
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CONDITIONS OF APPROVAL
ADOPTED:

applicant shall not schedule construction operations until mix designs are approved.

28. General access points and turning movements of traffic are limited to the following:

A. A. Madison Street (Primary Entry): Full turn movements in and out are allowed.

B. Avenue 60 (South Access): Full turn movements in and out are allowed.

C. Avenue 58 (Westerly Access): Full turn movements in and out are allowed.

D. Avenue 58 (Easterly Access): Right turn in and right turn out are permitted. Left turn in and left turn out movements out are prohibited.

E. Madison Street (just south of Avenue 58): Right turn in and right turn out are permitted. Left turn in and left turn out movements out are prohibited.

29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required.

30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers.

31. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer.

32. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following:

A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. 896 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings.

C. Building access points shall be shown on the Precise Grading Plans so that ADA accessibility issues can be evaluated.

D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan.

E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for accessible parking space or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls.

F. Drive aisles between parking spaces shall be a minimum of 26 feet or as approved by the City Engineer.

Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer.

33. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows:

Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.

Parking Lot & Aisles (High Traffic) 4.5” a.c./5.5” c.a.b.

Loading Areas 6” P.C.C./4” c.a.b.
or the approved equivalents of alternate materials.

34. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six 897 CLICK HERE to Return to Agenda
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CONDITIONS OF APPROVAL
ADOPTED:

months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved.

35. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks.

36. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California.

FINAL MAPS

37. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale.

IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California.

38. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans).

39. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. 898 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
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CONDITIONS OF APPROVAL
ADOPTED:

A. On-Site Rough Grading Plan 1" = 40' Horizontal
B. PM10 Plan 1” = 40’ Horizontal
C. Erosion Control Plan 1” = 40’ Horizontal
D. Final WQMP (Plan submitted in Report Form)
NOTE: A through D to be submitted concurrently.

E. Off-Site Street Improvement/Storm Drain Plan
1" = 40' Horizontal, 1" = 4' Vertical
F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal G. On-Site Street Improvements/Signing & Striping/Storm Drain Plan
1" = 40' Horizontal, 1"= 4' Vertical
NOTE: E through G to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
The plans shall utilize the minimum scale specified, unless otherwise authorized by the Public Works Director. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors.

H. On-Site Precise Grading Plan 1" = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions.
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CONDITIONS OF APPROVAL
ADOPTED:

All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department.
“Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
“On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessibility requirements.

40. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Department at the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink.

41. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal.
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PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

IMPROVEMENT SECURITY AGREEMENTS

42. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City.

43. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter

13.28 (Improvement Security).

44. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer.

45. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation.

46. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer.

Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer.

In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall 901 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements.

47. Depending on the timing of the development of this Tentative Tract Map, and the status of the off-site improvements at the time, the applicant may be required to:

A. Construct certain off-site improvements.

B. Construct additional off-site improvements, subject to the reimbursement of its costs by others.

C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map.

D. Secure the costs for future improvements that are to be made by others.

E. To agree to any combination of these actions, as the City may require.

Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit.

In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements.

48. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer.

Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 902 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

49. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements.

GRADING

50. The applicant shall comply with the provisions of LQMC Section

13.24.050 (Grading Improvements).

51. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer.

52. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following:

A. A grading plan prepared by a civil engineer registered in the State of California,
B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and
D. An Erosion Control Plan showing Best Management Practices prepared in accordance with LQMC Sections 8.70.010 and

13.24.170 (NPDES Stormwater Discharge Permit and Storm
Management and Discharge Controls).

E. A WQMP prepared by an authorized professional registered in the State of California.

F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements.

All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by 903 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

soils engineer, or engineering geologist registered in the State of California.

The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer.

53. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.

54. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb.

55. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval.

56. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments.

Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring-owner dissatisfaction with the grade differential.
904 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

57. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review.

58. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation.

Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times.

DRAINAGE

59. Stormwater handling shall conform with the approved hydrology and drainage report for the Wave Basin Project (TTM2019-0005 and SDP 2021-0001), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner.

60. The applicant shall comply with the provisions of LQMC Section

13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off.

61. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements.
905 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

62. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer.

63. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property.

64. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer.

65. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin.

66. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7).

67. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development.

68. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route.

69. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route.

70. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, 906 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ..

1. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement
requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011.

2. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable.

3. The developer / owner shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs.

UTILITIES

71. The applicant shall comply with the provisions of LQMC Section

13.24.110 (Utilities).

72. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes.

73. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 907 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground.

74. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer.

The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances.

CONSTRUCTION

75. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first.

LANDSCAPE AND IRRIGATION

76. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans).

77. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect.

78. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape).

79. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) as amended by the Coral Mountain Specific Plan. All freestanding lighting 908 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property.

80. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13.

81. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings.

82. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process.

Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule.

NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer.

83. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way.

84. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal.

MAINTENANCE

85. The applicant shall comply with the provisions of LQMC Section

13.24.160 (Maintenance).

86. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, multi-use trail, and stormwater BMPs.
909 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

FEES AND DEPOSITS

87. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s).

88. The applicant shall comply with the provisions of LQMC Section

13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection.

Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits.

FIRE DEPARTMENT

89. Fire Hydrants and Fire Flow: Provide water system plans to show there exists or proposed improvements of fire hydrant(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1 and Table B105.2 as amended by LQMC, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 24. Reference 2019 California Fire Code (CFC) 507.5.1.
a. Transportation Hydrants: Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. (CFC Table C102.1 ft nt c.)

90. Tract Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1
a. 3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 910 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

91. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24-feet exclusive of curb-side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta.

92. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards.

93. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1

94. Residential Escape Rescue Openings / Access There-to: Residential Dwelling Sleeping Units shall be provided Emergency Escape Rescue openings in compliance with CRC R310. Where the opening is to a side yard, the opening shall be provided with a minimum 36-inch wide court/yard and path to the public way – free from any obstructions, including equipment and vegetation. *The projects proposed 3-feet side yard setback minimum from property line may be affected by this requirement when property line fencing/wall installations are considered. The 36-inch path clearance shall be maintained.

95. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required.

96. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal.
911 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

97. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref.

CFC 503.1

98. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger will be required to install a fire sprinkler system. Ref. CFC 903.2 as amended by the City of La Quinta.

99. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC).

Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2
100. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 101. Knox Box and Gate Access: Buildings shall be provided with a Knox Box.

The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref.

CFC 506.1
102. Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01. a. Riverside County Office of the Fire Marshal shall cursorily review Street and Roadway naming conventions along with preliminary parcel and unit addressing.
103. Special Event Application and Permitting: Special Events and activities requiring a specific application and permit as required by the CA Fire Code shall be separately applied for at least 60-days prior to the scheduled event.
104. Water Activity Safety and Rescue: The Developer/Operator of the Wave Basin is responsible for coordinating and providing for trained rescue 912 CLICK HERE to Return to Agenda
DRAFT CITY COUNCIL RESOLUTION 2022-XXX
TENTATIVE TRACT MAP 2019-0005 (TTM 37805)
PROJECT: CORAL MOUNTAIN RESORT

CONDITIONS OF APPROVAL
ADOPTED:

and first aid personnel and rescue equipment for servicing the users of the Wave Basin in compliance with any State or Local standards. 105. Emergency Responder Radio Coverage Systems: Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Ref. CFC 510.1 and Riverside County Office of the Fire Marshal Technical Policy #TP19-002
106. Strategic Planning Review: This planning case has also been reviewed by Riverside County Fire Department Strategic Planning for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service. *See letter provided by Deputy Fire Marshal Adria Reinertson – Dated 8/6/2021.
913 CLICK HERE to Return to Agenda
914 CLICK HERE to Return to Agenda
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, AMENDING

THE ZONING MAP FROM NEIGHBORHOOD

COMMERCIAL, LOW DENSITY RESIDENTIAL,

AND GOLF COURSE DISTRICTS TO

NEIGHBORHOOD COMMERCIAL, LOW DENSITY

RESIDENTIAL, TOURIST COMMERCIAL AND

PARKS AND RECREATION DISTRICTS FOR
ASSESSOR’S PARCEL NOS. 764-200-076, 764-
210-007, 764-210-028, 764-210-029, 766-070-
003, 766-070-006, 766-070-012, 766-070-014,
766-080-001,766-080-002,766-080-004 & 766-
080-005
CASE NUMBER: ZONE CHANGE 2019-0004
APPLICANT: CM WAVE DEVELOPMENT LLC
WHEREAS, the City Council of the City of La Quinta, California did, on June 7, 2022, hold a duly noticed Public Hearing, to consider a request by CM Wave Development LLC to amend the Zoning Map to Neighborhood Commercial, Low Density Residential, Tourist Commercial and Parks and Recreation Districts for Assessor’s Parcel Nos. 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766- 070-014, 766-080-001,766-080-002,766-080-004 & 766-080-005 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and,
WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-011 to recommend to the City Council adoption of said Zone Change at a duly noticed Public Hearing on the April 26, 2022; and
WHEREAS, said Zone Change has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 83-63). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019- 0010. The City Council has adopted Resolution ____ certifying the 915 CLICK HERE to Return to Agenda
Ordinance No. __
Zone Change 2019-0004 – Project: Coral Mountain Resort
Adopted:

Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics and greenhouse gas emissions, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the La Quinta Municipal Code to justify approval of said Zone Change [Exhibit A]:

1. The zone map change is consistent with the goals, objectives and policies of the General Plan, as described in Exhibit B.

2. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare because the community will be entirely self-contained and of high quality, and will be surrounded by homes, perimeter improvements and streets.

3. The new zoning is compatible with the zoning on adjacent properties as it continues the pattern of master planned communities envisioned in the General Plan for southern areas of La Quinta.

4. The new zoning is suitable and appropriate for the subject property because the property is essentially flat, and development will not occur on Coral Mountain or protected areas.

5. Approval of the zone map change is warranted because changes in the market and in consumer interest in golf courses has changed, and alternative forms of recreation will expand the options for current and future City residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case. 916 CLICK HERE to Return to Agenda
Ordinance No. __
Zone Change 2019-0004 – Project: Coral Mountain Resort
Adopted:

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

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

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

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

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on June 6, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

917 CLICK HERE to Return to Agenda
Ordinance No. __
Zone Change 2019-0004 – Project: Coral Mountain Resort
Adopted:

_________________________
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
918 CLICK HERE to Return to Agenda
58TH AVENUE
60TH AVENUE

MADISON STREET

CALLE CONCHITA

FROM LOW DENSITY RESIDENTIAL (RL) /

GOLF COURSE (GC)
TO

LOW DENSITY RESIDENTIAL

NEIGHBORHOOD

COMMERCIAL (CN)

TO REMAIN

FROM LOW DENSITY RESIDENTIAL (RL) /

GOLF COURSE (GC)
TO

TOURIST COMMERCIAL

RESIDENTIAL (RL) /

GOLF COURSE (GC)
TO

PARKS AND RECREATION

LOW DENSITY
FROM

CHANGE OF ZONE

DATA TABLE
EXHIBIT DATE: MAY 15, 2020

APPLICANT /

IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MSA CONSULTING, INC.
> PLANNING >CIVIL ENGINEERING >LAND SURVEYING
34200 Bob Hope Drive, Rancho Mirage, CA 92270
760.320.9811 msaconsultinginc.com
FOR TENTATIVE TRACT MAP NO. 37815
LAND OWNER:

CM WAVE DEVELOPMENT, LLC.

ADDRESS: 2440 JUNCTION PLACE, SUITE 200
BOULDER, COLORADO 80301
CONTACT: GARRETT SIMON TELEPHONE: (970) 596-6642
EXHIBIT PREPARER: MSA CONSULTING, INC.

ADDRESS: 34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811 ASSESSOR'S PARCEL NUMBER:
764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, LEGAL DESCRIPTION:

PORTIONS OF SECTIONS 27 & 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. 766-080-001, 766-080-002, 766-080-004 & 766-080-005
N.T.S.

VICINITY MAP
SITE
58TH AVENUE
60TH AVENUE
AIRPORT BLVD.
54TH AVENUE MADISON STREET JEFFERSON ST.
52ND AVENUE MONROE ST. JACKSON

CITY OF

COUNTY OF

LA QUINTA

RIVERSIDE STREET

EXHIBIT A
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920 CLICK HERE to Return to Agenda

EXHIBIT B

GENERAL PLAN CONSISTENCY ANALYSIS
A. Land Use
• Goal LU‐1: Land use compatibility throughout the City. • Goal LU‐2: High quality design that complements and enhances the City. • Policy LU‐2.1: Changes and variations from the Zoning Ordinance in a Specific Plan will be offset by high quality design, amenities and mix of land uses.
• Goal LU‐5: A broad range of housing types and choices for all residents of the City.
• Policy LU‐5.2: Consider changes in market demand in residential product type to meet the needs of current and future residents. • Goal LU‐6: A balanced and varied economic base which provides a broad range of goods and services to the City’s residents and the region. • Policy LU‐6.2: Maintain commercial development standards in the Zoning Ordinance including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development. • Policy LU‐6.3: Support and encourage the expansion of the resort industry as a key component of the City’s economic base.

Consistency: The site components (neighborhood commercial, low density residential, resort residential, resort hotel, resort amenities, recreational amenities, and open space) are compatible with surrounding residential, open space, and neighborhood commercial uses and designations. Lands to the north of the project and south of Avenue are designated Low Density Residential and Medium Density Residential. Development of these lands would be governed by the City’s zoning standards, and would consist of attached or detached single family residential developments (two to four units per acre for Low Density Residential), and medium density neighborhoods (four to eight units per acre). This development is expected to be consistent with and similar to the uses proposed within the project because the project proposes a maximum of 496 low density residential housing units on approximately 232.3 acres, as well as a maximum of 104 resort residential units, on approximately 40.5 acres, which would be similar to the density and intensity of development allowed under the General Plan.

The project is separated from adjacent uses by surrounding arterial streets and physical topographic barriers, such as Coral Mountain. Off‐site 921 CLICK HERE to Return to Agenda
development includes the connection to an existing Imperial Irrigation District (IID) substation to provide electricity to the project site. The off‐site improvements would not impact land use of the off‐ site areas.

The Coral Mountain Resort Specific Plan includes detailed design guidelines in Section 4 of the SP to guide high‐quality development throughout the Specific Plan area. The project includes both neighborhood commercial and tourist commercial land uses which will generate revenue and create employment opportunities. The proposed project would increase services associated with tourism and neighborhood commercial uses.

The project proposes housing of varying types and sizes with access to resort and recreational amenities, thus enhancing housing choices for potential buyers. Planning Areas II and III will offer a broad range of housing options on the site. Planning Area II, designated as Low Density Residential, anticipates detached or attached residential dwelling units with densities ranging from 0.8‐4 dwelling units per acre. Planning Area III proposes the development of resort residential dwelling units with densities ranging from

2.5‐2.8 dwelling units per acre.

Consistent with Policy LU‐5.2, Goal LU‐6, and Policy LU‐6.3, the implementation of the Tourist Commercial land use designation and the associated development of a recreational facility and hotel will promote the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386‐acre property. Additionally, the residential uses will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy.

B. Circulation
• Goal CIR‐1: A transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands and projected needs of the City. • Policy CIR‐1.12: As a means of reducing vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City, the city shall pursue development of a land use pattern that maximizes interactions between adjacent or nearby land uses.
• Goal CIR‐2: A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks.
• Policy CIR‐2.2: Encourage reduction of greenhouse gas (GHG) emissions by reducing vehicle miles traveled and vehicle hours of delay by increasing or encouraging the use of alternative modes and transportation technologies, 922 CLICK HERE to Return to Agenda
and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions.
• Policy CIR‐2.3: Develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi‐use paths and places of employment, recreation, shopping, schools, and other high activity areas with potential for increased pedestrian, bicycle, golf cart/NEV modes of travel.

Consistency: The project proposes a private circulation system to provide safe and efficient passage for pedestrians and motorists throughout the site.

The project proposes a multi‐modal circulation system, aiming to decrease automobile dependency by providing transportation facilities for a variety of user groups including motorists, cyclists, pedestrians, and drivers of electric vehicles. The project proposes a private circulation system that will safely accommodate both vehicles and pedestrians with shared low‐ speed, low‐ volume internal streets. The multi‐modal transportation system will consist of off‐street bicycle and pedestrian paths/routes, sidewalks in higher traffic areas, enhanced pedestrian/bicycle crosswalks, pedestrian and multi‐use paths and streets, traffic calming methods, short street segments with frequent caution zones and stopping points, golf cart and other alternative forms of personal transportation.

C. Livable Community
• Goal SC‐1: A community that provides the best possible quality of life for all its residents.

Consistency: The project includes elements to address the goal of the Livable Community Element, which is intended to assist the City in developing a more united community through resource conservation, built environment enhancement, promotion of alternative forms of transportation, and improvement of community health. The project and Specific Plan are consistent with this goal by promoting a high‐quality mix of uses that will contribute to the built environment, promote walkability in the resort center of the project, and provide opportunities for active recreation.

D. Economic Development
• Goal ED‐1: A balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region.
• Policy ED‐1.1: The Land Use Element shall maintain a balance of land use designations to address economic needs, meet market demand, and assure a wide range of development opportunities.
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• Goal ED‐2: The continued growth of the tourism and resort industries in the City.

Consistency: The project proposes a resort with up to 150 hotel keys, a water‐based active recreation amenity, and resort residences that will expand tourism opportunities and promote fiscal stability. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. The project promotes the continued growth of the tourism and resort industries in La Quinta by providing resort, recreational, commercial, and residential land uses on the 386‐acre property.

E. Parks, Recreation and Trails
• Goal PR‐1: A comprehensive system of parks, and recreational facilities and services that meet the active and passive needs of all residents and visitors. • Policy PR‐1.4: The design and construction of parks and recreational facilities shall comply with all the development standards that apply to privately constructed facilities.
• Policy PR‐1.6: Encourage patterns of development that promote safe pedestrian and bicycle access to schools, public parks, and recreational areas.

Consistency: The project designates areas set aside for recreational open space uses, as well as a water‐ based active recreational amenity that will provide recreational opportunities currently not available in the City.

Additional open space will be scattered throughout PA II. Planning Area IV proposes approximately 23.6 acres of land zoned for Parks and Recreation (PR). This Planning Area will include active and passive recreational activities such as hiking trails, biking routes, and a ropes course/zipline.

F. Housing
• Goal H‐1: Provide housing opportunities that meet the diverse needs of the City’s existing and projected population.
• Policy H‐1.1: Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels.
• Goal H‐4: Conserve and improve the quality of existing La Quinta neighborhoods and individual properties.
• Goal H‐6: Provide a regulatory framework that facilitates and encourages 924 CLICK HERE to Return to Agenda
energy and water conservation through sustainable site planning, project design, and green technologies and building materials.

Consistency: The project proposes the development of up to 600 attached and detached dwelling units with densities ranging from 0.8‐4 dwelling units per acre, thus contributing to the City’s market rate housing stock. The project will complement the surrounding residential communities.

Development of resort, neighborhood commercial, recreational open space, and residential uses will add value and amenities to neighboring communities and the City. The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and water district regulations and building codes for water conservation, energy efficiency, and building standards. The project will also comply with all applicable green building requirements.

G. Water Resources
• Goal WR‐1: The efficient use and conservation of the City’s water resources. • Policy WR‐1.1: Support the Coachella Valley Water District (CVWD) in its efforts to supply adequate domestic water to residents and businesses. • Policy WR‐1.3: Support CVWD in its efforts to expand tertiary treated (i.e., reclaimed) water distribution.

Consistency: The project promotes water conservation through the use of drought tolerant plant materials and water efficient irrigation techniques. The project will comply with all City and Coachella Valley Water District (CVWD) regulations and building codes for water conservation. Additionally, recycled water will be used for common area irrigation for landscaping. The Wave Basin provides a recreational amenity to support the proposed resort and residential uses, and does so with substantially less water demand than required for alternatives amenities, such as an 18‐hole golf course.

H. Open Space and Conservation
• Goals OS‐1: Preservation, conservation and management of the City’s open space lands and scenic resources for enhanced recreational, environmental, and economic purposes.
• Policy OS‐1.1: Identify and map lands suitable for preservation as passive and active open space.
• Policy OS‐1.2: Continue to develop a comprehensive multi‐purpose trails network to link open space areas.
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Consistency: The project includes significant open space amenities, including the protection of Coral Mountain through an Environmentally Sensitive Area.

The project incorporates connections to the public sidewalk and public trail system for convenient walking, jogging, and biking activities. Planning Area IV proposes approximately 23.6 acres of Open Space Recreation land uses, in which low‐impact active and passive activities, such as hiking, biking and ropes courses are permitted. PA IV will be retained largely as natural desert land. The perimeter pedestrian improvements will connect to the surrounding community. However, the project will not connect to existing trails or open space areas, outside of the project boundary, because there are no existing public trails in the immediate vicinity of the project.

I. Noise
• Goal N‐1: A healthful noise environment which complements the City’s residential and resort character.
• Policy N‐1.1: Noise standards in the City shall be consistent with the Community Noise and Land Use Compatibility scale described in the Noise Element.
• Policy N‐1.2: New residential development located adjacent to any roadway identified in Table IV‐4 (in the Noise Element of the GP) as having a buildout 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. • Policy N‐1.5: All noise impact analysis will include, at a minimum, short‐term construction noise and noise generated by the daily operation of the project at build out.

Consistency: The project establishes residential, resort residential, resort, recreational, and neighborhood commercial uses with compatible noise levels in an existing residential area. These uses maintain and enhance the City’s residential and resort character and will be subject to the City’s noise ordinance. Noise levels on Avenue 58 and Madison Street are not excessive due to the low traffic volumes, and the project will be buffered by a perimeter community wall.
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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, APPROVING

A DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF LA QUINTA AND CM WAVE

DEVELOPMENT LLC RELATING TO THE CORAL

MOUNTAIN RESORT AND FINDING THAT THE

PROJECT IS CONSISTENT WITH
ENVIRONMENTAL ASSESSMENT 2019-0010
CASE NUMBER: DEVELOPMENT AGREEMENT 2021-0002
APPLICANT: CM WAVE DEVELOPMENT LLC
WHEREAS, the City Council of the City of La Quinta, California did, on June 7, 2022, hold a duly noticed Public Hearing, to consider a Development Agreement by and between the City of La Quinta and CM Wave Development, LLC for Assessor’s Parcel Nos. 764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766- 080-001,766-080-002,766-080-004 & 766-080-005; and
WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 27, 2022, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and
WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-011 to recommend to the City Council adoption of said Development Agreement at a duly noticed Public Hearing on the April 26, 2022; and
WHEREAS, said Development Agreement has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 1983-63). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019-0010. The City Council has adopted Resolution No. ____ 927 CLICK HERE to Return to Agenda
Ordinance No. __
Development Agreement 2021-0002 – Project: Coral Mountain Resort Adopted:

certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics and greenhouse gas emissions, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta Municipal Code to justify approval of said Development Agreement, included to this Resolution as Exhibit A, and incorporated herewith by this reference:

1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Coral Mountain Resort Specific Plan.

2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed in the Coral Mountain Resort Specific Plan, and implements the Specific Plan’s design features.

3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare and good land use practices because it will create a revenue stream to assure that public safety costs incurred by the City for the project will be paid for by the project.

4. The Development Agreement will not be detrimental to the health, safety and general welfare, as it provides for the long term ordered development of a master planned community.

5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values insofar as it will ensure that development occurring on the site will generate revenues and assure high quality development.

6. The Development Agreement will have a positive fiscal impact on the city by paying mitigation fees for services it requires, and additional Transient Occupancy Tax and Sales Tax revenues.
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Ordinance No. __
Development Agreement 2021-0002 – Project: Coral Mountain Resort Adopted:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

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

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

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

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

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

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on June 6, 2022, by the following vote:

AYES:

NOES:

ABSENT:
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Ordinance No. __
Development Agreement 2021-0002 – Project: Coral Mountain Resort Adopted:

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
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RECORDING REQUESTED BY AND

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

DEVELOPMENT AGREEMENT BY AND BETWEEN
THE

CITY OF LA QUINTA
AND

CM WAVE DEVELOPMENT LLC

EXHIBIT A
ORDINANCE NO.

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

RECITALS:

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

B. Pursuant to Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”).

C. Developer owns certain real property, consisting of approximately 386 acres, located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California, as more particularly described in Exhibit “A” attached hereto and shown on the Site Map attached hereto as Exhibit “B” (the “Site”); and Developer has proposed to develop a resort community consisting of a mix of uses including, up to 600 residential dwelling units, a boutique resort hotel with up to 150 keys and complimentary resort uses and amenities, a recreational surf facility, up to 57,000 square feet of tourist commercial uses, up to 60,000 square feet of neighborhood commercial uses, and approximately 23.6 acres of additional open space and recreational amenities (collectively, the “Project”). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Coral Mountain Resort Specific Plan, also known as Specific Plan No. SP2020-0002 (“Specific Plan”); (iii) the Environmental Impact Report prepared for the Project, approved and certified by the City Council on __________, by City Council Resolution No. ________ (the “EIR”); (iv) General Plan Amendment No. GPA 2019- 0002; (v) Zone Change No. ZC 2019-0004; (vi) Specific Plan Amendment to SP 03-067 (to remove the Site from that Specific Plan); (vii) Tentative Tract Map No. TTM 2019-0005; Site Development Permit No. SDP 2021-0001; and (viii) any future discretionary or ministerial approvals and/or permits issued for the Project (collectively, the “Project Site Development Permits”); (ix) any future subdivision maps approved for the Project (collectively, the “Future Tract Maps”); and (x) the conditions of approval associated with each and all of the foregoing approvals (collectively, the “Conditions of Approval”). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(x) are collectively referred to herein as the “Project Approvals,” and are, or when approved or issued shall be, on file with the City Clerk.

D. Developer owns fee simple title to the Site, and by their execution of this Agreement, City and Developer consent to recordation of this Agreement against the Site.

E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development 932 CLICK HERE to Return to Agenda
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agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein.

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

G. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters.

H. On _________, 2021, 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 “Administrative Adjustment” shall have the meaning set forth in Section

2.2.10 of this Agreement.

1.1.2 “Affiliated Party” shall have the meaning set forth in Section 1.8.3 of this Agreement.

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

1.1.4 “Annual Mitigation Payment Date” shall have the meaning set forth in Section 3.6.1 of this Agreement.

1.1.5 “Applicable Rules” means the rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement, including, but not limited to, the City’s General Plan, Zoning Ordinance, and the 933 CLICK HERE to Return to Agenda
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Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction.

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

1.1.7 “CC&Rs” means the Declaration(s) of Covenants, Codes, and Restrictions, recorded against all or a portion of the Site, as set forth in Section 3.8 of this Agreement.

1.1.8 “CDFW” means the California Department of Fish and Wildlife, a state agency.

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

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

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

1.1.12 “Conditions of Approval” shall have the meaning set forth in Recital C.

1.1.13 “Coral Mountain Resort Annual Mitigation Fee” shall have the meaning set forth in Section 3.6.2 of this Agreement. The Coral Mountain Resort Annual Mitigation Fee may also be referred to as the “Coral Mountain Residential Unit Fee”.

1.1.14 “CVMSHCP” means the Coachella Valley Multiple Species Habitat Conservation Program, as described in the EIR and as approved by the California Department of Fish and Wildlife with issuance of a Natural Community Conservation Plan (NCCP) Permit on September 9, 2008, and the U.S. Fish and Wildlife Service with the issuance of the final permit on October 1, 2008, for the CVMSHCP.

1.1.15 “Development Director” means the Design and Development Director for the City or designee.

1.1.16 “Developer” has the same meaning as in the preamble to this Agreement.

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

1.1.18 “Discretionary Action” means an action which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, 934 CLICK HERE to Return to Agenda
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committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other adopted policies.

1.1.19 “Discretionary Permits” means any permits, approvals, plans, Future Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, site development permits, grading permits, stockpile permits, and encroachment permits.

1.1.20 “Effective Date” shall have the meaning set forth in Section 1.3 of this Agreement.

1.1.21 “Environmental Impact Report” or “EIR” shall have the meaning set forth in Recital C of this Agreement.

1.1.22 “Finance District” shall have the meaning set forth in Section 4.4 of this Agreement.

1.1.23 “Future Tract Maps” shall have the meaning set forth in Recital C.

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

1.1.25 “Impact Fees” means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by City. Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (c) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development.

1.1.26 “Insubstantial Modification” shall have the meaning set forth in Section

1.6(a) of this Agreement.

1.1.27 “Ministerial Permits and Approvals” means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits.
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1.1.28 “Mitigation Measures” means the mitigation measures described in the EIR and in the Mitigation Monitoring Program approved and adopted for the Project.

1.1.29 “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.

1.1.30 “Non-Assuming Transferee” shall have the meaning set forth in Section 1.8.2 of this Agreement.

1.1.31 “One-Time Mitigation Fee” shall have the meaning set forth in Section 3.6.1 of this Agreement.

1.1.32 “Operative Year” shall have the meaning set forth in Section 3.6.2 of this Agreement.

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

1.1.34 “Planning Area” shall mean an area designated on the Site Map as a planning area.

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

1.1.36 “Processing Fees” means all processing fees and charges required by City to cover the City’s cost of processing permits and other land use entitlements and conducing the associated inspections, including, but not limited to, fees for filing land use applications, plan check fees, inspection fees, and other processing or administrative fees. Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a City-wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Developer shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City’s program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement.

1.1.37 “Project” means development of the Site as set forth in more detail in Section 3.1.

1.1.38 “Project Approvals” shall have the meaning set forth in Recital C.

1.1.39 “Public Facilities” shall have the meaning set forth in Section 4.4 of this Agreement.

1.1.40 “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 936 CLICK HERE to Return to Agenda
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Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer’s ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a Citywide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a significant loss of funds or loss of access to significant funding or other resources), or (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement).

1.1.41 “Schedule of Performance” means the schedule for the development of the Project as set forth in Exhibit “H” attached hereto and incorporated into this Agreement by this reference.

1.1.42 “Short-Term Vacation Rentals Regulations” means Chapter 3.25 (or successor chapter) of the La Quinta Municipal Code that governs the application, permitting, renewal, use, operation, penalties, and other provisions relating to short-term vacation rentals in the City, in effect at the time during the Term of this Agreement, except to the extent any provision in Chapter 3.25 directly conflicts with the rights vested as set forth in Section 5 of this Agreement.

1.1.43 “Site” means approximately 386 acres of real property located south of Avenue 58, north of Avenue 60, and west of Madison Street, in the City of La Quinta, County of Riverside, State of California. The Site is legally described in the Site Legal Description and depicted in the Site Map., attached hereto as Exhibits A and B, respectively.

1.1.44 “Site Development Plan” shall have the meaning set forth in Section

9.180.020 of the La Quinta Municipal Code.

1.1.45 “Site Legal Description” shall mean the legal description of the Site as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference.

1.1.46 “Site Map” means the map of the Site and immediately adjacent properties, which is attached hereto as Exhibit B and incorporated herein by this reference.

1.1.47 “Specific Plan” shall have the meaning as set forth in Recital C.

1.1.48 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein.
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1.1.49 “TOT” means Transient Occupancy Tax levied by the City, in accordance with Chapter 3.24 of the La Quinta Municipal Code and applicable state law, and deposited into the City’s general fund after remittance by all operators (or other entities or individuals) subject to the tax.

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

1.1.51 “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).

1.1.52 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code.

1.2 Term.

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

1.3 Effective Date.

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

1.4 Statement of Benefits and Consideration.

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

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

In consideration of the substantial benefits, commitments, and consideration to be provided by Developer pursuant to this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that Developer can proceed with the construction and operation of the Project for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into 938 CLICK HERE to Return to Agenda
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this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by this Agreement that the Project can be constructed and operated during the Term of this Agreement in accordance with the Applicable Rules and this Agreement.

1.5 City CEQA Findings.

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

1.6 Modification or Amendment of this Agreement.

Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Section 65867-65868, the City’s Development Agreement Ordinance, and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Specific Plan, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum to the EIR, shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or designee shall determine, in the City Manager’s sole discretion but not to be unreasonably withheld: (1) whether the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether the requested modification tends to promote the goals of this Agreement. If the City Manager or designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
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(b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Amendment Exemptions. City approval of (1) administrative adjustments to a Project Approval, as defined in Section 2.2.10 of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any minor amendments or modifications to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder. (d) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder. In no event shall the signature or consent of any Non-Assuming Transferee be required to amend this Agreement.

1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption.

1.7 Termination.

Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. As to any specific lot containing a residential dwelling within the Project, this Agreement shall terminate as to such lot upon the issuance by the City of a certificate of occupancy for the dwelling and the close of escrow of the initial sale of that dwelling.

1.8 Assignment of Interests, Rights and Obligations.

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

1.8.1 Assignment and Assumption Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Site (other than a transfer or assignment by Developer to an affiliated party, a “Mortgagee”, or a “Non-Assuming Transferee” (as defined in Section 1.8.2 below)), Developer 940 CLICK HERE to Return to Agenda
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and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under the Project Approvals. Such Assignment and Assumption Agreement may:
(i) release Developer from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to improve that portion of the Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.
(b) Except as provided in Section 1.8.2 of this Agreement, Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this Agreement, (ii) Developer has provided notice to City of such transfer, and City has approved the transfer, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), (c) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable, and (d) City has satisfied itself of transferee’s ability to assume those Developer obligations under this Agreement being assigned. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein.
(d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor.
(e) Provided any assignment is consistent with the Development Agreement Act and Development Agreement Ordinance, the City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.
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1.8.2 Non-Assuming Transferees.

Except as otherwise required by Developer, in Developer’s sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to: (i) any single residential parcel conveyed to a purchaser, or (ii) any property that has been established as one or more separate legal parcels and conveyed for open space, park, or similar nonresidential/noncommercial uses. Neither an Assignment and Assumption Agreement nor City’s consent shall be required in connection with subsections (i) and (ii) above as long as Developer continues to assume obligations with respect to the portion that is transferred, or can otherwise demonstrate bonds and/or other financial security will satisfy these obligations, and in such case the transferee in such a transaction and its successors (“Non-Assuming Transferees”) shall be deemed to have no obligations under this Agreement (except for obligations which extend to the individual units, single residential parcels, and any other parcels or property subject to the Declaration of Covenants, Conditions and Restrictions (CC&R) provisions which implement this Agreement) but shall continue to benefit from the vested rights provided by this Agreement until this Agreement is terminated with respect to that parcel under Section 1.7 of this Agreement.

Nothing in this section shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval.

1.8.3 Transfers to Affiliated Parties.

Developer, or any “Affiliated Party” of Developer, may at any time and without City’s prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any “Affiliated Party” of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations; provided, however, that Developer and the Affiliated Party duly execute (in recordable form) an Assignment and Assumption Agreement in a form approved by the City Manager and City Attorney, and Developer deliver said agreement to the City to ensure, among other terms and conditions, the City has the current address and notice information for any Affiliated Party that assumes all or any portion of Developer’s rights and obligations under this Agreement. As used herein, the term “Affiliated Party” shall mean any entity that owns fifty-one percent (51%) or a controlling interest in Developer. The City shall have the right to request and review any and all articles of incorporation, bylaws, operating agreements, and other related governing documents of any Affiliated Party to confirm compliance with the requirements of this Section 1.8.3.

2. AGREEMENTS AND ASSURANCES

2.1 Agreement and Assurance on the Part of Developer.

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

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

2.2.1 Vested Entitlement to Develop.

Developer has the vested right to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements within the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent they would apply without this Agreement:
(i) all Applicable Rules;
(ii) all New Laws applied to Developer through the City’s Reserved Powers; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; and (iv) the payment of all applicable fees in effect on the Effective Date in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable.
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2.2.2 Changes in Applicable Rules.
(A) Nonapplication of Changes in Applicable Rules.

Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Site and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Site or the Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. (B) Changes in Uniform Codes.

Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta.
(C) Changes Mandated by Federal or State Law.

This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations.

2.2.3 Subsequent Development Review.

Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes.

2.2.4 Effective Development Standards.

City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold or unreasonably condition any approvals and/or permits which must be issued by City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all City-wide standard procedures for 944 CLICK HERE to Return to Agenda
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processing applications for such approvals and/or permits. Nothing in this Agreement shall be interpreted to require the City to issue a permit or approval that is inconsistent with the Applicable Rules.

2.2.5 Moratoria or Interim Control Ordinances.

In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Site, or the use of the Site (or any portion thereof) as authorized by this Agreement, or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Site, the Project or this Agreement, unless such changes are lawfully adopted pursuant to the Reserved Powers and do not conflict with any provisions of this Agreement.

2.2.6 Reserved.

2.2.7 Impact Fees.

Notwithstanding any provisions in this Agreement regarding the type, amounts, and rates of Impact Fees to the contrary, the Impact Fees imposed by City with respect to the Project shall be only those Impact Fees in full force and effect as of the Effective Date, in the amounts/rate in effect at the time such fees are paid.

2.2.8 Timeframes and Staffing for Processing and Review.

City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Discretionary Actions, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such Ministerial Permits and Approvals and Discretionary Actions and to comply with any timeframes established in the Project Approvals. City further agrees to timely process and approve all Ministerial Permits and Approvals, so long as they are consistent with the terms of this Agreement, the Applicable Rules, and the Project Approvals, and agrees to exercise its discretion concerning Discretionary Actions in manner that is consistent with the terms and conditions of this Agreement.

2.2.9 Extension of Tentative Maps.

In accordance with Government Code Section 66452.6(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with the development of the Project, shall be extended for the greater period of (a) twenty (20) years or (b) such maximum total time as is permitted in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.) or Applicable Rules. 945 CLICK HERE to Return to Agenda
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2.2.10 Project Approval Adjustments.

To the extent permitted by state and federal law, any Project Approval may, from time to time, be amended or modified in the following manner:
(a) Administrative Adjustments. Upon the written request of Developer for a modification to a Project Approval (other than this Agreement), the Development Director or designee, in consultation with the City Engineer, shall determine: (i) whether the requested modification is minor when considered in light of the Project as a whole, and (ii) whether the requested modification is consistent with Applicable Rules (other than that portion of the Applicable Rules sought to be amended). If the Development Director or designee, in consultation with the City Engineer, determines, in his/her reasonable judgment, that the proposed modification is both minor and consistent with Applicable Rules (other than that portion of a Project Approval sought to be amended), the modification shall be determined to be an “Administrative Adjustment” and the Development Director or designee, in consultation with the City Engineer, may, except to the extent otherwise required by state or federal law, approve the Administrative Adjustment without notice and public hearing. For the purpose of this Section 2.2.10, and by way of example only, site plan review, architectural review, lotting pattern changes, changes in pedestrian paths, tentative subdivision map amendments (including lotting patterns and street alignments) which are minor and will not have a substantial or material impact on traffic circulation as described for each such area in the Specific Plan, substitutions of comparable landscaping for any landscaping shown on a landscape plan, minor variations in the location of lots or homesites that do not substantially alter the design concepts of the Project, final locations of floating park sites, floating public facility sites, and minor variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, may be treated as Administrative Adjustments by the Development Director and the City Engineer.
(b) Non-Administrative Amendments. Any request of Developer for a modification to a Project Approval (other than this Agreement), which is not approved as an Administrative Adjustment as set forth above, shall be subject to review, consideration, and action pursuant to Applicable Rules.

3. DEVELOPER’S OBLIGATIONS

3.1 Development of the Project; Planned Development.

Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a mixed-use resort development with the following components:
(A) Up to 60,000 square feet of neighborhood commercial development with associated parking, circulation and landscaping improvements on approximately 7.7 acres in “Planning Area I”;
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(B) Up to 496 single-family residential dwellings and related recreational and open space amenities and infrastructure improvements on approximately 232.3 acres in “Planning Area II”;
(C) Tourist commercial and resort residential uses on approximately 120.8 acres in “Planning Area III”, consisting of boutique resort hotel with up to 150 keys, 57,000 square feet of tourist commercial resort amenities in a walkable village, up to 104 resort residential dwellings, an approximately 16-acre artificial Wave Basin, a private clubhouse and related amenities adjacent to the Wave Basin, as well as other open space, recreational amenities, and related facilities and infrastructure improvements;
(D) An additional 23.6 acres of natural open space with low-impact active and passive recreational amenities in “Planning Area IV”; and (E) Allowance of short-term vacation rentals pursuant to Article 5 of this Agreement.

Developer shall develop the Project in accordance with the Schedule of Performance, as that schedule may be modified pursuant to mutual written agreement of the parties or extended pursuant to Section 8.2 of this Agreement. If any item of performance is not completed in accordance with the Schedule of Performance, then following the notice and cure periods set forth in Sections 6.1 and 6.2 of this Agreement, the City shall have the right to terminate the Agreement as to the specific portion of the Project that has not been completed in accordance with the Schedule of Performance, subject to the procedures described in Section 6.3 of this Agreement.

Except as set forth in this Section 3.1, Developer is not obligated to affirmatively act to develop all or any portion of the Site, pay any sums of money, dedicate any land, indemnify any party (save and except Developer’s obligation to indemnify the City for all costs associated with any legal challenge to this Agreement or the Project Approvals), or to otherwise meet or perform any obligation with respect to the Site, except and only as a condition to the development of the Project.

When Developer develops any portion of the Site, Developer shall comply with the terms of this Agreement, the Applicable Rules, and the Project Approvals governing development of the Site or any portion thereof.

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

3.3 Project Design Features Referenced in EIR.

As a condition of development, Developer shall incorporate into the Project all project design features identified in the EIR and included as part of the “project” evaluated in the EIR and its technical studies, as specifically identified in Exhibit “C” attached hereto. Developer’s compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement.
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3.4 Mitigation Monitoring Program.

As a condition of development, the Developer shall also comply with the mitigation monitoring program set forth in Exhibit “D” attached hereto (the “Mitigation Monitoring Program”), and Developer’s compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement.

3.5 Conditions of Approval.

As a condition of development, the Developer shall also comply with the conditions of approval attached hereto as Exhibit “E,” and Developer’s compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement.

Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit “E” may be applicable to the Project if and as associated with future Project approvals, to the extent such additional conditions of approval are consistent with the terms of this Agreement.

3.5.1 CVMSHCP Compliance.
(A) Notwithstanding any provisions in this Agreement to the contrary, the following terms and conditions in furtherance of CVMSHCP compliance shall apply: The Project shall comply with all provisions of the CVMSHCP Guidelines for all areas adjacent to Coral Mountain or any other Bureau of Land Management (“BLM”) open space as shown on Figure 13 in the Specific Plan;
(B) The development of the Project and use of the Site (and each applicable Planning Area on the Site) shall fully comply with all CVMSHCP Land Use Adjacency Guidelines, even though no portion of the Project or the Site is in or adjacent to any CVMSHCP conservation area, as set forth in more detail in Section 2.5 of the Specific Plan. Without limiting the obligation to comply with the CVMSHCP Land Use Adjacency Guidelines, the following terms and conditions apply to the development of the Project and use of the Site: (i) There shall be no planting of invasive, non-native plant species in and adjacent to CVMSHCP conservation areas as shown on Figure 13 of the Specific Plan; and (ii) The Project shall follow the recommended and prohibited species as noted in Tables 4-112 and 4-113 of the CVMSHCP Land Use Adjacency Guidelines, as set forth in Table 3 of the Specific Plan (“Plant Material Palette”). (C) To further the CVMSHCP Land Use Adjacency Guidelines requirement for the incorporation of barriers to minimize unauthorized public access, domestic animal predation, illegal trespass, and dumping in a CVMSHCP conservation area, there shall be a protective barrier that complies with the requirements for Peninsular Bighorn Sheep (“PBS”) barriers along the western boundary, covering all areas adjacent to Coral Mountain and other BLM open space property, as set forth in more detail in Section 2.5 of the Specific Plan. The protective sheep barrier shall be at least eight (8) feet high, with the final design and location subject to City approval in consultation with CDFW. All recreational infrastructure and activities, including but not limited to the planned on-site portion of the regional trail connection which Desert Recreation District intends to construct in the vicinity of the Project, shall be located on the development-side and not on the BLM side of the protective sheep barrier. 948 CLICK HERE to Return to Agenda
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3.5.2 CC&Rs Incorporating CVMSHCP Compliance.

The CVMSHCP compliance requirements set forth in Section 3.5.1 of this Agreement shall be incorporated into the CC&Rs for the Project and the Site, which shall be recorded against the Site as provided for in Section 3.8 of this Agreement, and shall be enforceable in perpetuity for the life of the Project and use of the Site.

3.6 Payment of Fees.

During the Term of this Agreement, Developer shall timely pay all Processing Fees and Impact Fees with respect to the Project as specified in this Agreement.

3.6.1 Developer’s Payments of One-Time Mitigation Fees.

As a further public benefit of the Project, including to help pay for the City’s public safety and public infrastructure costs, Developer shall pay or cause to be paid to the City, for each of the up to 496 single-family residential units in Planning Area II of the Project, the sum of One Thousand Dollars ($1,000.00) per unit, with such payment due upon the first close of escrow for each such unit (the “One-Time Mitigation Fee”).

3.6.2 Annual Mitigation Fee; Potential Cessation of Annual Fee.

To ensure that the Project generates sufficient TOT and sales tax revenues to the City to pay all public safety and other public service costs of the City resulting from the Project, during the term of this Agreement, on each July 1st following the Effective Date (“Annual Mitigation Payment Date”), the Developer or the Developer’s successor shall pay to the City an annual mitigation fee (“Coral Mountain Resort Annual Mitigation Fee”) covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the “Operative Year”) (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30).

The Coral Mountain Resort Annual Mitigation Fee shall be comprised of the following:

The collective sum of One Thousand Dollars ($1,000) for each of the 600 allowed residential units (also referred to as the “Coral Mountain Residential Unit Fee”) in the Project that has received a certificate of occupancy, and that has been sold to a third party purchaser as evidenced by a recorded grant deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold.

Notwithstanding the two paragraphs above, if the City has received TOT for rentals from the Project (which includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Dollars ($1,000,000.00) but less than One Million Seven Hundred Thousand Dollars ($1,700,000.00) (“Level 1 TOT Goal”) for two consecutive Operative Years during the Term of this Agreement, the Coral Mountain Resort Annual Mitigation Fee for the next Operative Year (and each Operative Year thereafter) shall be reduced from One Thousand Dollars ($1,000) per residential in the Project to Five Hundred Dollars ($500.00) per residential unit in the Project. Furthermore, and notwithstanding the three paragraphs above, if the City has received TOT for rentals from the Project (which 949 CLICK HERE to Return to Agenda
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includes TOT from both hotel rooms from the boutique resort hotel in Planning Area III and any and all residential units) in excess of One Million Seven Hundred Thousand Dollars ($1,700,000.00) (“Level 2 TOT Goal”) for two consecutive Operative Years during the Term of this Agreement, then the Developer’s (or the Developer’s successor’s) obligation to pay the Coral Mountain Resort Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall no longer be of any further force and effect.

Notwithstanding the obligation (or termination of the obligation) by Developer (or Developer’s successors) to pay either the One-Time Mitigation Fee or the Coral Mountain Resort Annual Mitigation Fee, all rentals of residential units and hotel units shall remain subject to the City’s TOT requirements.

The CC&Rs for the residential units in the Project shall provide for the assessment and collection of the Coral Mountain Resort Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain Resort Annual Mitigation Fee, the CC&Rs shall provide the City with enforcement rights against both the Developer or its successor and the individual homeowners.

The City shall be provided with the same rights of collection as to the Coral Mountain Resort Annual Mitigation Fee that the Developer or its successor shall have for the collection of other fees and assessments, but the Developer or its successor shall have the obligation for collection and payment of the Coral Mountain Resort Annual Mitigation Fee. In any action by the City to collect the Coral Mountain Resort Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys’ fees in enforcing its rights. The CC&Rs shall be subject to the terms and conditions set forth in Section 3.8 of this Agreement.

3.6.3 Annual Rate Adjustment.

The Coral Mountain Resort Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July 1st during the term of this Agreement, commencing on the first Annual Mitigation Payment Date, by an increase of two percent (2%) per year. The CC&Rs as described in the last paragraph of Section 3.6.2 above shall include the annual rate adjustment as provided in this Section 3.6.3 of this Agreement.

3.6.4 Other Fees and Charges.

Except as expressly limited in this Agreement, nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes. Notwithstanding the foregoing, Developer reserves the right to challenge the application of any fee, charge, levy, assessment, or tax imposed on the Project or Site by the City if Developer contends it violates the terms of this Agreement or the other Project Approvals. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution 950 CLICK HERE to Return to Agenda
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and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq.

3.7 Dedications and Improvements; Improvement Security.

Developer shall complete and offer dedications to the City or other applicable public agency of those public improvements required in connection with the Project, as specified in the Conditions of Approval. In connection with the recordation of any final subdivision map for the Project, Developer shall, through the execution of a subdivision improvement agreement with the City, provide to the City, in a form reasonably acceptable to the City Attorney, improvement security as provided in the City Code to secure the faithful performance of Developer’s obligations under this Agreement to construct the on-site and off-site improvements identified on that map.

The terms, amounts and provisions for release of the improvement security shall be as set forth in the City Code.

3.8 Declaration(s) of Covenants, Codes, and Restrictions.

Developer shall prepare, draft (in a form to be approved by the City Manager and City Attorney), execute, and cause to be recorded in the official records of Riverside County one or more Declaration(s) of Covenants, Codes, and Restrictions (“CC&Rs”) to govern the authorized and required land uses and operations at the Site, and the general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure), and any other terms and conditions as may be necessary or appropriate to maintain the use and operation of the Site, and all common areas, consistent with the terms and conditions of the Project. Developer may have CC&Rs prepared, drafted, executed, and recorded for each of the separate phases (Planning Area I, Planning Area II, Planning Area III, and Planning Area IV) of the Project, but the CC&Rs shall include at a minimum the terms and conditions governing the payment of fees as required in Section 6.3 of this Agreement, the terms and conditions allowing for the use of short-term vacation rentals as provided in Article 5 of this Agreement for the applicable Planning Areas of the Project, and general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure. The CC&Rs shall be implemented and enforced by a duly established homeowners association (“HOA”) pursuant to state law for a common interest development. The City shall be deemed a third party beneficiary to the CC&Rs with the right, but not the obligation, to enforce any terms and conditions included for the benefit of the City as provided for in this Agreement or the CC&Rs (“City Required Provisions”). The City Required Provisions, once approved by the City Manager and City Attorney, may not be substantively amended or modified without the prior written consent of the City Manager and City Attorney, which shall not be unreasonably withheld, conditioned or delayed.

3.9 Indemnification.

Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, 951 CLICK HERE to Return to Agenda
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jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction and development-related activities on the Site by Developer, but excluding those resulting from the gross negligence or willful misconduct of any Indemnitee, but including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”). In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees.

In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title.

3.10 Permanent Closure of Wave Basin.

In the event that the Wave Basin is permanently closed during the term of this Development Agreement, Developer shall be required to dismantle and remove the wave making machinery and shall either (i) continue to operate the basin itself as a recreational lake amenity, or (ii) seek City approval for an alternative use, including obtaining a Conditional Use Permit, Site Development Permit, or other applicable entitlement, if required.

4. CITY’S OBLIGATIONS

4.1 Scope of Subsequent Review/Confirmation of Compliance Process.

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

Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate (“Certificate”), in substantially the same form as that attached hereto as Exhibit “F”, 952 CLICK HERE to Return to Agenda
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which shall describe how all applicable Conditions of Approval have been fully complied with.

The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate.

4.2 Project Approvals Independent.

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

4.3 City Cooperation.

The parties agree that Developer must be able to proceed rapidly with the development of the Property and, accordingly, that expedited City review of tentative maps, final maps, modifications to Project Approvals, building permits and construction inspections, is essential to the successful completion of the Project. Accordingly, to the extent that the applications and submittals are in conformity with the Project Approvals, Applicable Rules, and this Agreement, and adequate funding exists therefor, City agrees to provide adequate City resources to diligently accept, review, and take action on all subsequent applications and submittals made to City by Developer in furtherance of the Project. Similarly, to the extent that adequate funding exists therefor, City shall provide adequate City resources to promptly review and approve improvement plans, conduct construction inspections, and accept completed public facilities. Developer agrees to reimburse the City for all costs associated with providing expedited services, above and beyond those costs covered by the City’s Processing Fees. In the event City does not have adequate resources, City shall authorize the use of “contract labor” for inspection and plan review purposes, which shall be reimbursed by Developer, pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credit to Developer to avoid Developer paying more than once for the same plan check, inspection, or other City service. City shall consult with Developer concerning the selection of the most knowledgeable, efficient and available “contract labor” for purposes of providing inspection and plan review duties for the City and the Project; provided, however, that City shall retain the right to select any “contract labor” it reasonably chooses.

4.4 Final Map and Improvement Plan Procedures.

The City shall complete improvement plan and final map review in accordance with Applicable Rules, in good faith, and in an expeditious manner. If reasonably necessary, City shall have the right to hire outside inspectors and/or consultants, the cost of which shall be reimbursed 953 CLICK HERE to Return to Agenda
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by Developer. For those improvement plans or other implementing approvals under the jurisdiction of another agency, if any, the City agrees to reasonably cooperate in providing any necessary information or approval in a timely manner, so long as the plans do not substantially conflict with the Project Approvals.

4.5 Building Permits.

City shall complete its review of house plans and issue building permits in a good faith and expeditious manner. Recordation of a final map shall not be required prior to the issuance of building permits for model homes.

4.6 Environmental Review and Mitigation.

The Parties understand and agree that the EIR for the Project considers the whole of the Project, including each of the Project Approvals and all Discretionary Actions and Ministerial Permits and Project Approvals necessary for development of the Project. Accordingly, the City agrees to use the certified EIR for this Project as a program and project EIR to comply with CEQA’s environmental review requirements for all future Discretionary Actions to the maximum extent allowed by law, including applying the CEQA exemptions specified in Government Code § 65457 and CEQA Guidelines 15182 and 15183, which establish an exemption from further environmental review for the processing of tentative tract maps after certification of a Specific Plan EIR for residential development, if the proposed tentative tract maps are consistent with the Specific Plan and meet other applicable requirements. If an exemption or reliance on the EIR as a program and project EIR is not legally permissible, in the City’s sole judgment, then City and Developer agree to meet and confer as to the most appropriate form of environmental review of such approval, provided, however, that City shall retain the authority to determine the most appropriate form of such environmental review.

4.7 Inspections.

Any building or fire inspection request received by City from Developer will be processed as expeditiously as possible, pursuant to the terms and conditions of this Agreement and (as applicable) provisions in the La Quinta Municipal Code and City’s standard inspection procedures.

4.8 Review for Compliance.

City shall review Developer’s compliance with the terms and conditions of this Agreement at least once during every twelve (12) month period following the Effective Date. In accordance with the City’s procedures and standards for such review. During such period review by the City, Developer, upon written request from the City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms and conditions of this Agreement.

The failure of the City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement or the obligations of the Parties to perform pursuant to the terms and conditions of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City shall, at Developer’s request, issue a certificate of compliance to Developer stating that (i) This Agreement remains in full force 954 CLICK HERE to Return to Agenda
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and effect, and (ii) Developer is in compliance with this Agreement. The certificate of compliance shall be in a form approved by the Parties and, for the City, the City Manager and the City Attorney, and may be in recordable form. Developer may, at its sole cost and expense, record any such certificate of compliance if obtained. If, at the conclusion of the annual review provided for herein, Developer has been found not to be in compliance with this Agreement, City shall, at is sole and absolute discretion, exercise any and all rights available under this Agreement and otherwise available at law or in equity.

5. SHORT TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES.

5.1 Short Term Vacation Rentals as a Permitted Use.

This Agreement and the Specific Plan for the Project provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. Such short-term vacation rentals shall be subject to the terms of the Short-Term Vacation Rental Regulations set forth in Chapter 3.25 of the La Quinta Municipal Code (or successor provisions) of the La Quinta Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City’s ShortTerm Vacation Rental Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term vacation rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City’s Short-Term Vacation Rental Regulations.. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit “G”. In the event Chapter

3.25 is repealed in its entirely, the provisions of Chapter 3.25 as attached to this Agreement shall govern the permitting, operation, and renewal of short-term vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in Chapter 3.25, the Developer or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of Chapter 3.25, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the “owner” (as that term is defined in Chapter 3.25 or, if the definition is removed during the Term of this Agreement, as defined as of the Effective Date of this Agreement) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with Chapter 3.25 and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non955 CLICK HERE to Return to Agenda -25-
compliance; and, provided further, that the “owner” shall have a process available, through an independent arbitrator or neutral decision-maker designated by the homeowner’s association (“HOA”) of which the short-term vacation rental unit owner is a member, to petition for a change of that owner’s “authorized agent or representative” because the owner demonstrates, with a preponderance of evidence, that the “authorized agent or representative,” designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of Chapter 3.25 for that owner’s short-term vacation rental unit. The CC&Rs as described in Section 3.8 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition the HOA for a change in that owner’s “authorized agent or representative” as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition the HOA for a change in that owner’s “authorized agent or representative” as required by this Section 5.1.

Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Property (and each One of the Properties) within the Project:
(A) The operational requirements and restrictions in Section 3.25.070 (or successor section) of the La Quinta Municipal Code shall apply to all short-term vacation rental units, including the limits on the number of daytime and overnight guests in each unit to ensure that occupancy levels are appropriate for the number of bedrooms and compatible with singlefamily residential communities; (B) All short-term vacation rental units in the Project shall be subject to, at a minimum, the noise restrictions in Sections 9.100.210 and 11.08.040 (or successor sections) of the La Quinta Municipal Code, in addition to any noise compliance requirements set forth in Chapter 3.25 of the La Quinta Municipal Code.

5.2 Transient Occupancy Tax.

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

5.3 Covenants, Conditions and Restrictions.

All CC&Rs recorded pursuant to Section 3.8 of this Agreement on any property within the Project where residential uses are allowed shall expressly authorize short-term vacation rentals for 956 CLICK HERE to Return to Agenda
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all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to short-term rentals in that tract or planning area of the Project.

5.3.1 Rental Management Program.

Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to be, with an on-site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement.

6. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

6.1 Notice of Default.

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

6.2 Cure of Default.

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

6.3 City Remedies.

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

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

7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE

7.1 Encumbrances on the 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, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City’s performance hereunder. 958 CLICK HERE to Return to Agenda
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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) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default.

8. MISCELLANEOUS

8.1 Notices, Demands and Communications Between the Parties.

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

To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Community Development Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: William H. Ihrke
To Developer: CM Wave Development LLC
_______________________
_______________________
Attn:___________________
Stowell, Zeilenga, Ruth, Vaughn & Treiger,
LLP
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With copies to: 4590 E. Thousand Oaks Blvd., Suite 100
Westlake Village, CA 91362
Attn: James D. Vaughn, Esq
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

8.2 Force Majeure.

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

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

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

8.3 Binding Effect.

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

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

8.11 Cooperation in Carrying Out Agreement.

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

8.12 Estoppel Certificate.

Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or delayed. The City Manager, Assistant City Manager, and Development Director are each authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

8.13 Construction.

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

8.14 Recordation.

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

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

8.15 Captions and References.

The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this 962 CLICK HERE to Return to Agenda
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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.

8.18 Exhibits.

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

A Legal Description of Site
B Site Map
C Project Design Features
D. Mitigation Monitoring Program
E. Conditions of Approval
F. Compliance Certificate
G. Chapter 3.25 of the La Quinta Municipal Code (as of Effective Date) H. Schedule of Performance

8.19 Counterpart Signature Pages.

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

8.20 Authority to Execute; Representations and Warranties.

Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer 963 CLICK HERE to Return to Agenda
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is formally bound to the provisions of this Agreement, and (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) except for the threat of litigation from individuals and organizations who made comments on the EIR or otherwise exhausted their administrative remedies prior to the close of the public hearings on the Project Approvals, there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement.

8.21 City Approvals and Actions.

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

8.22 Governing Law; Litigation Matters.

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

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

8.23 No Brokers.

Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.
(signatures on next page)
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”

CM WAVE DEVELOPMENT, LLC,
a Delaware limited liability company
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
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EXHIBIT “A”
EXHIBIT “A”

LEGAL DESCRIPTION OF SITE
(Attached)
[to be inserted]
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EXHIBIT “B”
EXHIBIT “B”

SITE MAP
(Attached)
[to be inserted]
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EXHIBIT “C”
EXHIBIT “C”

PROJECT DESIGN FEATURES
(Attached)
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DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort, La Quinta CA
Exhibit C
Coral Mountain Resort Exhibit C 1 March 2022
DRAFT Project Design Features
Air Quality
The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement.

The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory:
 Pedestrian connections shall be provided to surrounding areas consistent with the City’s General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity.  Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non-auto modes of transport. For example, when residential areas are in the same neighborhood as retail and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below
 The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of fourway intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian-oriented environments from auto-oriented environments.  Commute Trip Reduction Program is a multi-strategy program that encompasses a combination of individual measures. It is presented as a means of preventing doublecounting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program.
 Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks.
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EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 2 March 2022
 This project will implement an employer-sponsored vanpool or shuttle. A vanpool will usually service employees’ commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer-sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer’s purview, and rider charges are normally set on the basis of vehicle and operating cost.  The project will design building shells and building components, such as windows; roof systems:
 electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which results in 30% less energy for non-residential buildings and 53% less energy for residential use due to lighting upgrades.  The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development.
 Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project’s electricity demand will be generated on-site.
 In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939.

The following PDFs are part of the project, but no numeric credit has been taken for their implementation to assure a conservative analysis:
 Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride-sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride-sharing programs through a multi-faceted approach such as:
 Designating a certain percentage of parking spaces for ride sharing vehicles  Designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles
 Providing a web site or message board for coordinating rides  The project will implement marketing strategies to reduce commute trips. Information  sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include:
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EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 3 March 2022
 New employee orientation of trip reduction and alternative mode options  Event promotions
 Publications
 Specified use of Energy Star appliances.
 Installation of water-efficient plumbing fixtures.
 Installation of tankless water heater systems.
 Installation of light-emitting diode (LED) technology within homes.  Use of recycled water for common area landscape irrigation.  Use of drought-tolerant plants in landscape design.
 Installation of water-efficient irrigation systems with smart sensor controls.  Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting include: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions.

Greenhouse Gas Emissions
The project incorporates the following design features and attributes for promoting energy efficiency and sustainability, which shall be enforceable by the City pursuant to the terms of the Development Agreement. The following PDFs were accounted for in CalEEMod to reduce emissions associated with each applicable subcategory:
 Pedestrian connections shall be provided to surrounding areas consistent with the City’s General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity.  Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non-auto modes of transport. For example, when residential areas are in the same neighborhood as retail 971 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 4 March 2022
and office buildings, a resident does not need to travel outside of the neighborhood to meet his/her trip needs. A description of diverse uses for urban and suburban areas is provided below
 The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of fourway intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian-oriented environments from auto-oriented environments.  Voluntary Commute Trip Reduction Program – A multi-strategy program that encompasses a combination of individual measures. It is presented as a means of preventing double-counting of reductions for individual measures that are included in this strategy. It does so by setting a maximum level of reductions that should be permitted for a combined set of strategies within a voluntary program.  Encouraging telecommuting and alternative work schedules reduces the number of commute trips and therefore VMT traveled by employees. Alternative work schedules could take the form of staggered starting times, flexible schedules, or compressed work weeks.
 This project will implement an employer-sponsored vanpool or shuttle. A vanpool will usually service employees’ commute to work while a shuttle will service nearby transit stations and surrounding commercial centers. Employer-sponsored vanpool programs entail an employer purchasing or leasing vans for employee use, and often subsidizing the cost of at least program administration, if not more. The driver usually receives personal use of the van, often for a mileage fee. Scheduling is within the employer’s purview, and rider charges are normally set on the basis of vehicle and operating cost.  The project will design building shells and building components, such as windows; roof systems:
electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards which are expected to result in 30% less energy use for nonresidential buildings and 53% less energy use for residential use due to lighting upgrades.  The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development.
 Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had 972 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 5 March 2022
electricity been supplied by the local utility. A minimum of 15% of the project’s electricity demand will be generated on-site.
 In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939.

The following PDFs are part of the project, but no numeric credit has been taken for their implementation to provide a conservative analysis:
 Increasing the vehicle occupancy by ride sharing will result in fewer cars driving the same trip, and thus a decrease in VMT. The project will include a ride-sharing program as well as a permanent transportation management association membership and funding requirement. The project will promote ride-sharing programs through a multi-faceted approach such as:
 Designating a certain percentage of parking spaces for ride sharing vehicles  Designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles
 Providing a web site or message board for coordinating rides  The project will implement marketing strategies to reduce commute trips. Information sharing and marketing are important components to successful commute trip reduction strategies. Implementing commute trip reduction strategies without a complementary marketing strategy will result in lower VMT reductions. Marketing strategies may include:
 New employee orientation of trip reduction and alternative mode options  Event promotions
 Publications
 Specified use of Energy Star appliances.
 Installation of water-efficient plumbing fixtures.
 Installation of tankless water heater systems.
 Installation of light-emitting diode (LED) technology within homes.  Use of recycled water for common area landscape irrigation.  Use of drought-tolerant plants in landscape design.
 Installation of water-efficient irrigation systems with smart sensor controls.  Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important 973 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 6 March 2022
that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions.

Energy Resources
See PDFs listed under Greenhouse Gas Emissions, above, as they are applicable to energy consumption.

Energy-saving and sustainable design features, as well as operational programs would be incorporated. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. The project will require submittal to the appropriate agencies discussed in this section for review and approval of on-site design for circulation, building standards and utility installation. The following PDFs are part of the project; however, per the GHG Report, no numeric credit has been taken for their implementation in order to produce a conservative analysis:
 Specified use of Energy Star appliances
 Installation of water-efficient plumbing fixtures
 Installation of tankless water heaters
 Installation of light-emitting diode (LED) technology within homes  Use of recycled water (non-potable) for common area landscape irrigation  Use of drought-tolerant plants in landscape design
 Installation of water-efficient irrigation systems with smart sensor controls  Installation of photovoltaic (PV) systems
Noise
Six-Foot Perimeter Wall to Reduce Arterial Roadway Noise A six-foot perimeter wall will be developed along the northern and eastern property boundaries, adjacent to the proposed Low Density Residential Planning Area (PA II). The six-foot perimeter walls will be located adjacent to PA II in order to protect the proposed onsite residential uses from off-site traffic noise by implementing improvements that diminish noise levels. Perimeter walls will be developed along the southern and western property boundaries as a design requirement of the City. The Noise Study determined that the barriers shall provide a weight of at least four pounds per square foot of face area with no decorative cutouts or line-of-sight openings between shielded areas and the roadways. The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts shall not be made. All gaps (except 974 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 7 March 2022
for weep holes) should be filled with grout or caulking. Because this requirement was assumed in the Noise Study analysis, and to assure effective mitigation of noise from the project, Mitigation Measure NOI-5 is provided in Section 4.11, Noise, in the Draft EIR to assure the proper construction of perimeter walls. This project Development Agreement will ensure that the project design features and mitigation will be enforceable by the City.

Public Services
The proposed project will be required to comply with existing regulations and standards (identified in Section 4.12, Public Services, of the Draft EIR) to ensure that the project’s potential impacts associated with public facilities and services related to fire and police emergency and non-emergency services, as well as impacts to schools, do not result in significant impacts.

Typical for residential communities in the City of La Quinta, the project and residential areas shall be gated, thus increasing community security and minimizing potential crimes, and consistent with standard operations of resort communities, the proposed Hotel and Resort Amenities will incorporate private security services to maximize security of the overall project. Additionally, lighting features throughout the project will enhance security and maximize visibility within the project including streets, intersections, and other crosswalks.

Transportation
Project Design Features (PDF) are incorporated that encourage the use of alternative transportation measures including pedestrian and bicycle travel. The project will include design elements such as sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and other physical variables that differentiate pedestrian‐oriented environments from auto-oriented environments. The project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas interacting with residential and resort uses on-site.

Project Design Features for VMT Reduction
Transportation demand management (TDM) strategies were evaluated for the purpose of reducing VMT impacts determined to be potentially significant. Quantifying Greenhouse Gas Mitigation Measures, (CAPCOA) 2010 provides guidance for evaluating the potential reduction in VMT expected for individual measures.
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EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 8 March 2022
The project setting best reflects what CAPCOA refers to as a suburban place type because it is characterized by dispersed, low-density, single-use automobile dependent land use patterns. The maximum reduction expected when combining multiple mitigation strategies for the suburban place type is 10 percent and requires a project to contain a diverse land use mix, workforce housing, and project-specific transit, according to CAPCOA.

The project incorporates design features and attributes promoting trip reduction. Because these features/attributes are integral to the project, and/or are regulatory requirements, they are not considered to be mitigation measures. These features are considered after the VMT data is extracted from the traffic model.

Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement, and are anticipated to collectively reduce project home-based VMT by approximately 6%.  The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by nonauto modes of transport. For example, when residential areas are in the same neighborhood as commercial and resort land uses, a resident does not need to travel outside of the neighborhood to meet his/her recreational and retail needs.

The project’s mixed-use environment could provide for a potential reduction in project residential VMT of 3% according to CAPCOA guidance.  The project includes improved design elements to enhance walkability and connectivity. Recognized improved street network characteristics within the project include sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian-oriented environments from auto-oriented environments. The project provides a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project minimizes barriers to pedestrian access and interconnectivity. The project includes sidewalk connections, particularly to / from the retail areas resulting in interaction with residential and resort uses on-site. The project’s implementation of this measure is anticipated to result in a potential reduction in project residential VMT of 2% according to CAPCOA guidance.
 The project will implement marketing strategies to optimize on-site resort and residential uses. Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies may include:
o Resident member benefits that include use of the resort amenities 976 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 9 March 2022
o Event promotions
o Publications
The project’s implementation of this measure could provide for a potential reduction in project residential VMT of 1% according to CAPCOA guidance.

Travel demand modeling of VMT for the project based upon City of La Quinta guidelines indicates a potential impact for residential uses while also indicating the project’s non-residential uses do not exceed VMT thresholds. Project design features considered after the modeling process reduce residential VMT from 11.64 VMT / resident to 10.94 VMT per resident, which is less than the City’s VMT residential threshold for a significant impact. The unique mixed-use characteristics of the project, combined with walkability and connectivity design elements, optimize on-site interaction and result in a lower VMT than standalone uses. Implementation of the previously stated project PDFs will reduce potential impacts to below the City’s established threshold for a significant VMT impact, and therefore, the residential portion of the project would have a less than significant VMT impact. This project Development Agreement will ensure that the mitigation measures and project design features identified in the Draft EIR are enforceable by the City. 977 CLICK HERE to Return to Agenda
EXHIBIT “D”
EXHIBIT “D”

MITIGATION MONITORING PROGRAM
(Attached)
[to be inserted]
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EXHIBIT “E”
EXHIBIT “E”

CONDITIONS OF APPROVAL
(Attached)
[to be inserted]
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EXHIBIT “F”
EXHIBIT “F”

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

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

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

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

4. [CITY MAY INSERT ANY ADDITIONAL CONDITIONS UNDER THE

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

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

CM Wave Development LLC, a Delaware limited
liability company
By:

Its:

By:

Its:
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EXHIBIT “G”
EXHIBIT “G”
CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only)
(Attached)
[to be inserted]
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EXHIBIT “H”
EXHIBIT “H”

SCHEDULE OF PERFORMANCE
(Attached)
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CM Wave Development, LLC Performance Schedule – DRAFT – 3/10/2022 Project Component: Start Completion*
Planning Area 1 (Corner Neighborhood Commercial):

Phase 1 (approx. 8,000 sq. ft.) Within 36 months of 3 years after Start Date Vesting Date**
Phase 2 (approx. 11,000 sq. ft.) By 300th Residential C-of-O 3 years after Start Date Phase 3 (approx. 41,000 sq. ft.) By 500th Residential C-of-O 3 years after Start Date Planning Area 2 (Low-density Residential):

Phase 1 (approx. 220 units) Within 3 years of Completion of 7 years after Start Date Wave Basin and Resort Village
Residential Units
Phase 2 (approx. 250 units) Within 3 years of Completion 7 years after Start Date of Phase 1
Planning Area 3 (Tourist Commercial):

Phase 1A (Wave Basin and first phase of Within 3 years of Vesting Date 5 years after Start Date hotel, resort residential, and estate lots)
Phase 1B (Remaining hotel, resort residential) Within 5 years of first C-of-O in 5 years after Start Date Planning Area 3
Planning Area 4 (Open Space): N/A N/A
*Completion defined as 70% of C-of-O’s issued, and are the outside deadlines permissible under this Agreement, subject to the terms of this Agreement.

However, if Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion as specified above, then such period shall be extended for 3 years.
**Vesting Date is defined as the later of (i) the Effective Date of the Development Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines with no legal challenges or petitions having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City.
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pfs
INTERNATIONAL AIRPORT p�

AIRPORT COMMISSION MEETING AGENDA
Wednesday, May 18, 2022 - 5:30 P.M.

Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.

To provide public comments at the meeting, please use the following link https://us02web.zoom.us/j/86019815290?pwd=ZitOZDlyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 Pursuant to G. C. Section 54957.5 the designated office for inspection of public records in connection with the public meeting of the Airport Commission is the Office of the City Clerk, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the Department of Aviation will attempt to accommodate you in every reasonable manner. Please contact (760) 318-3800 forty-eight hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis.

City of Palm Springs: Riverside County: City of Cathedral City: City of Palm Desert:

Aftab Dada - Chair David Feltman Vacant Jill Philbrook Kevin Wiseman Kevin J. Corcoran Ken Hedrick City of Indian Wells: City of Coachella: City of Rancho Mirage: Vice Chair PaulBudilo Gabriel Martin Thomas Weil Gerald Adams Scott G. Miller Patricia Breslin John Payne City of La Quinta: City of Desert Hot Springs: City of Indio:

Todd Burke M. Guillermo Suero Kathleen Hughes Jan Pye Jhan Schmitz Palm Springs City Staff
Justin Clifton Harry Barrett Jr., A.A.E.

City Manager Airport Executive Director

AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on May 12, 2022, in accordance with established policies and procedures.

1. CALL TO ORDER - PLEDGE OF ALLEGIANCE

2. POSTING OF AGENDA

3. ROLL CALL
REPORTS AND INFORMATIONAL ITEM NO. 30
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Palm Springs Airport Commission Report – May 16, 2022 Meeting City Manager Report – Justin Clifton was not able to attend.

Introductions & Presentations: None
Discussion and Action Items:
 Operations, Properties and Facilities Committee Update ‐ to be incorporated into Executive Director Report
Airport Executive Director Report – Harry Barrett Jr. focused on the key concerns of the airport commission:
 Noise – 5 complaints during the month of April which is typical for this time of year. Complaints have dropped since airline service has decreased as anticipated.  Parking – The last few months the airport has been at 69% capacity. A facilitator is needed to evaluate parking options so that improvements can be made for the future. The airport also would like to have a discussion once again with Sun Bus to determine if an agreement could be made for passenger drop‐off at the front of the airport instead of a block away.  One commissioner has a relationship with Sun Bus and offered to approach them and initiate a discussion.
 Baggage handling overall – most likely will not be improved until Autumn. This needs creative thinking and working closely with TSA. Security risks must be considered before bags can be checked prior to walking inside the airport whether it be picked‐up at one’s hotel, curbside check‐in or whatever plan could be initiated. It will take 3‐4 months to analyze this problem.  Baggage Claim – Airlines are now announcing which carousels the bags will be on prior to unloading the aircraft. Also announcements are being made while passengers are in the baggage claim area as well as a reminder to the passenger. The airlines now realize that they are responsible for providing a better customer service experience.  Airport will also hire some new staff starting July to assist in monitoring this situation.  Aerocloud – This new system provides a 360 degree view of the airport and what the airlines are doing on the ramp. Airlines are being made aware of when they need to improve their performance.
 Strategy Sessions with City Council and airport commissioners will commence in June and be held at City Hall, the Convention Center or a local hotel. They will be either one or two half day sessions.

Marketing Report – Deputy Director of Aviation Marketing and Air Service – Daniel Meier  Aviatrix Communications – their RFP was selected to be the company to develop the airport brand and create new airport website. They are based in San Diego and have worked with PSP last year.  They have great experience, worked with 20 other airports including San Diego, San Luis Obispo, New Orleans and Oakland for brand development.   The new website will feature multiple languages, interactive route map options, hopefully airfares linked to the route map and social media streaming. The cost is $149,000 annually. 987 CLICK HERE to Return to Agenda
 Advertising RVP Update – Will be on the June 15 commission meeting agenda as it was too late and lengthy to be on the May agenda.
 Airline Service Update ‐ April 2022 was the 9th record month set by PSP being 17.5% over April 2019. Forward bookings look very strong throughout the summer. However, PSP is being somewhat affected by pilot shortage which are impacting all airports across the country.

Southwest (WN) has reduced Sacramento to once daily and Las Vegas will be delayed to July.

Alaska (AS) has delayed Portland service to late July/August. PSP will operate with 9 airlines offering 14 routes for Summer 2022.

Financial Summary Report – Victoria Carpenter, Airport Administration Manager  Airport Car Rental – Over $9 million achieved or this budget item compared to $6.1 million in April 2019. This is based on airport portion of the actual individual car rental price. Incredible news!
 Concession RFP – Airport is on track for release of the RFP to the market on June 6th as targeted.

The RFP stresses “sense of place” and local business. An airport consultant from Rincon is attending a conference in Phoenix on the launch date and will spread the word to food vendors attending the airport conference. Press releases, social media, chamber of commerce, tourist board will all be responsible for getting the word out.  Current concessions at airport – Will have a new app that one can download on their phones which will allow them to scan prices and pay for concession item on the app so that they can avoid the wait time. This should be very beneficial as lines as the coffee concession are crazy in the morning.
 Overall, the financial summary looks really good with $26 million in operating revenue and $8.6 million surplus.

Commissioner Request or Report –
 Although City of Palm Springs is seeking to reduce the number of commission members on all commissions and originally was considering cutting the airport commission from 19 to 7 commissioners with 3 of them representing Palm Springs and the other 4 to rotate between the other valley cities and the county, it appears at this time that the Mayor of Palm Springs realizes that the airport needs to represent the entire valley and not just be governed by Palm Springs.

Next Airport Commission Meeting is scheduled for June 15,2022 at 5:30 pm via teleconference. 988 CLICK HERE to Return to Agenda
HOUSING COMMISSION MINUTES Page 1 of 4 MARCH 9, 2022

HOUSING COMMISSION

MINUTES
WEDNESDAY, MARCH 9, 2022

CALL TO ORDER
A regular quarterly meeting of the La Quinta Housing Commission (Commission) was called to order at 4:06 p.m. by Chairperson Gaeta-Mejia.

This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).

PRESENT: Commissioners Davidson, Pacheco, and Chairperson Gaeta-Mejia ABSENT: Commissioner Casto, Schuknecht
STAFF PRESENT: Management Analyst Kinley, Finance Director Martinez, Management Specialist Griffin, and Commission Secretary Camarena

PLEDGE OF ALLEGIANCE
Chairperson Gaeta-Mejia led the audience in the Pledge of Allegiance.

CONFIRMATION OF AGENDA – Confirmed.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Management Analyst Kinley said the City has not received any WRITTEN PUBLIC COMMENTS or requests to provide VERBAL COMMENTS for this meeting as of 4:07 p.m. and staff would continue to monitor email communications and teleconference attendance for the duration of the meeting, should any requests by the public are received.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None
REPORTS AND INFORMATIONAL ITEM NO. 31
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HOUSING COMMISSION MINUTES Page 2 of 4 MARCH 9, 2022

CONSENT CALENDAR

1. APPROVE SPECIAL MEETING MINUTES OF JANUARY 26, 2022
MOTION – A motion was made and seconded by Commissioners Davidson/Pacheco to approve the Consent Calendar as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

BUSINESS SESSION

1. RECEIVE AND FILE FISCAL YEAR 2020/21 HOUSING AUTHORITY

YEAR-END BUDGET REPORT
Finance Director Martinez presented the staff report which is on file in the City Manager’s Office.

Staff provided information for the Housing Authority fund, budget increase; two non-cash adjustments; former La Quinta Redevelopment Agency loan interest earnings; bond fund revenue; Housing Authority budget expenses; and an update for Dune Palms Mobile Home Park.

MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2020-21 housing authority year-end budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

2. RECEIVE AND FILE FISCAL YEAR 2021/22 MID-YEAR HOUSING

AUTHORITY BUDGET REPORT
Finance Director Martinez presented the staff report which is on file at the City Manager’s Office.

Staff provided an overview of the mid-year adjustments made between July and December 2021.

MOTION – A motion was made and seconded by Commissioners Davidson /Pacheco to recommend that the Housing Authority receive and file fiscal year 2021/22 mid-year housing authority budget report as recommended. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

3. RECOMMEND APPROVAL TO THE HOUSING AUTHORITY TO

ADOPT A RESOLUTION AUTHORIZING THE APPLICATION TO,
AND PARTICIPATION IN, THE STATE OF CALIFORNIA’S

PROHOUSING DESIGNATION PROGRAM
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HOUSING COMMISSION MINUTES Page 3 of 4 MARCH 9, 2022
Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office.

Staff provided a brief overview of the Prohousing Designation Program and the application process.

MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority adopt a resolution authorizing the application to, and participation in, the state of California’s Prohousing Designation Program. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

4. RECOMMEND FUNDING OPTION FOR AREA HOMELESS
PREVENTION PROGRAMS FOR FISCAL YEAR 2022/23
Management Analyst Kinley presented the staff report which is on file at the City Manager’s Office.

Staff and Commission discussed the proposed allocation; the areas that Martha’s Village and Kitchen (MVK), Coachella Valley Rescue Mission (CVRM) and, CV Housing First (CVAG) assist in with homeless prevention; and the pending multi-year MOU with CVAG.

MOTION – A motion was made and seconded by Commissioners Pacheco /Davidson to recommend that the Housing Authority approve funding option for Area Homeless Prevention Program for fiscal year 2022-23. Motion passed:
ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

STUDY SESSION

1. DISCUSS FUNDING OPTION FOR GALILEE CENTER
Management Analyst Kinley provided a brief presentation on background for the Galilee Center and the logic behind the request for funding assistance.

PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: CFO and CoFounder Claudia Castorena and resident Kay Wolff provided a brief overview of how the Galilee Center assists the Coachella Valley and the City of La Quinta. Commission requested more information to provide an accurate recommendation, including an onsite visit to tour the Galilee Center and view operations.

STAFF REPORTS AND INFORMATIONAL ITEMS – None
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HOUSING COMMISSION MINUTES Page 4 of 4 MARCH 9, 2022
COMMISSIONER’S ITEMS – None

ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners Davidson/Pacheco to adjourn the meeting at 5:27 p.m. Motion passed: ayes (3), noes (0), abstain (0), absent 2 (Casto/Schuknecht).

Respectfully submitted,
Reyna Camarena
REYNA CAMARENA, Commission Secretary
City of La Quinta, California
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FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 MAY 11, 2022

REGULAR QUARTERLY MEETING

FINANCIAL ADVISORY COMMISSION

MINUTES
WEDNESDAY, MAY 11, 2022

CALL TO ORDER
A regular quarterly meeting of the Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chairperson Batavick.

This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).

PRESENT: Commissioners Anderson, Mast, Mills, Way, and Chairperson Batavick
ABSENT: Commissioner Dorsey
VACANCY: One
STAFF PRESENT: Finance Director Martinez, Financial Services Analyst Hallick, Account Technician Batuta, and Management Assistant
Delgado.

PLEDGE OF ALLEGIANCE
Commissioner Mills led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
Financial Services Analyst said that the title for Consent Calendar Item No. 2 should read as follows:
“Receive and File Revenue and Expenditure Report Dated February 28, 2022” The Commission concurred.

REPORTS AND INFORMATIONAL ITEM NO. 32
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FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 MAY 11, 2022

REGULAR QUARTERLY MEETING

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None

CONSENT CALENDAR ITEMS

1. APPROVE MEETING MINUTES DATED APRIL 13, 2022

2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT
DATED FEBRUARY 28, 2022
Motion – A motion was made and seconded by Commissioners Way/Mills to approve the Consent Calendar, with the amended title for Consent Calendar Item No. 2 as noted above. Motion passed: ayes – 5, noes – 0, absent – 1 (Dorsey), vacancy – 1.

BUSINESS SESSION

1. REVIEW AND APPROVE THE FISCAL YEAR 2022/23 MEETING
DATES
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

The Commission discussed the process on how to request approval for being absent at a regular Commission meeting.

Motion – A motion was made and seconded by Commissioners Way/Mast to approve the fiscal year 2022/23 Commission meeting dates as submitted.

Motion passed: ayes – 5, noes – 0, absent – 1 (Dorsey), vacancy – 1.

STUDY SESSION

1. DISCUSS THE FISCAL YEAR 2022/23 INVESTMENT POLICY
(Policy)
Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed state and government code for investments and how government funds are governed.

Commissioner Mills mentioned the importance of reviewing the Policy as it is a component of one of the principal functions of the Commission. 994 CLICK HERE to Return to Agenda
FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 MAY 11, 2022

REGULAR QUARTERLY MEETING
Further discussion followed on state code guidelines and the timeline for approving and publishing the fiscal year 2022/23 Policy.

2. REVIEW AND DISCUSS 10-YEAR FINANCIAL PROJECTIONS FOR

THE GENERAL FUND
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed current police services cost; revenue and expenditure projections; transient occupant tax (TOT) revenue; and growth projections percentages. Chair Batavick mentioned that input for the 10-year projections (Projections) starts at the City’s Annual Community Workshop (Workshop). Staff noted the Projections are generally provided to the Commission prior to the Workshop.

The Commission and staff discussed having a future study session for Projections showing three different types of scenarios including worse case, best case, and a more likely comparison.

Further discussion followed on police services cost, and what is included; and reimbursements for police services for special events.

Chair Batavick said that he and Commissioner Way assisted with the Projections document included as Handout 1 of the staff report and mentioned on page 4, under Net Cash Position, it reflects the impact of the Redevelopment Agency Loan proceeds.

3. DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED
BUDGET
Finance Director Martinez presented the staff report, which is on file in the Finance Department.

The Commission and staff discussed inflation; expense increases; sales tax; and wage increases.

DEPARTMENTAL REPORTS
All reports are on file in the finance department.

1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
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FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 MAY 11, 2022

REGULAR QUARTERLY MEETING
Finance Director Martinez announced effective Monday, May 16, 2022, the City recruited a new Accounting Manager in the Finance Department who will be introduced at a future Commission meeting.

Chair Batavick inquired on the review of the City’s pension liability. Staff said that this item would be placed on the agenda for a future Commission meeting. Further discussion followed on the process for how pension obligation discount rate is established.

2. FOURTH QUARTER 2021 (OCTOBER-DECEMBER) SALES TAX

UPDATE FOR THE CITY OF LA QUINTA
Financial Services Analyst Hallick said the City’s forecast Measure G at approximately 110-115% of sales tax, and the trend has been closer to 120% due to shifts in buying patterns.

COMMISSIONERS’ ITEMS
Chair Batavick mentioned his term expires in June 2022, and he has reapplied for another term. He also announced the current vacancy and encouraged those interested to apply to serve on the Commission.

ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners Mills/Way to adjourn this meeting at 5:34 p.m. Motion passed:
ayes – 5, noes – 0, absent – 1 (Dorsey), vacancy – 1.

Respectfully submitted,
Jessica Delgado, Management Assistant
City of La Quinta, California
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