Agenda packet — La Quinta City Council, March 19, 2024 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 8 MARCH 19, 2024

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MARCH 19, 2024
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 8 MARCH 19, 2024

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – NONE

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

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1. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 20, 2024 9

2. ADOPT ORDINANCE NO. 611 ON SECOND READING AMENDING
SUBSECTION 3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE RELATED

TO SHORT-TERM VACATION RENTALS REGARDING WRITTEN NOTICE AND DECLARATION OF NON-USE [ORDINANCE NO. 611]
17 3. ADOPT ORDINANCES NOS. 612 AND 613 ON SECOND READING APPROVING 1) ZONE CHANGE 2023-1000 AND 2) DEVELOPMENT
AGREEMENT 2023-1000, RESPECTIVELY FOR THE CLUB AT CORAL MOUNTAIN PROJECT CONSISTING OF 750 RESIDENTIAL UNITS, A GOLF COURSE AND 60,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT ALTERNATIVE 2 OF PREVIOUSLY PREPARED ENVIRONMENTAL IMPACT REPORT, FOR ENVIRONMENTAL ASSESSMENT 2019-0010,
APPLIES TO THE PROPOSED PROJECT; LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET, AND NORTH OF AVENUE 60 [ORDINANCE NOS. 612 AND 613]
23 4. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY TO

CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE

COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2024-009]
95 5. ADOPT RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 38793

LOCATED WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 54
[RESOLUTION NO. 2024-010]
101

6. AUTHORIZE SUBMITTAL OF GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS FOR CALENDAR YEAR 2023 TO THE STATE

OFFICE OF PLANNING AND RESEARCH AND THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT; CEQA: MAKE A
109
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DETERMINATION THAT THIS ACTION IS NOT A PROJECT AS DEFINED IN SECTION 15378(b)(2) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

7. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES

WITH IN-SITE LANDSCAPE ARCHITECTURE TO PROVIDE ADDITIONAL

ENGINEERING DESIGN AND ELECTRICAL LOCATING SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02
171

8. APPROVE CHANGE ORDER ESTIMATE FOR CONTRACT WITH ORTIZ CONSTRUCTION, INC., APPROVE AMENDMENT NO. 13 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC., AND

AUTHORIZE AMENDMENT REQUEST TO COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS AGREEMENT FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05
181

9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD

BANK TO PROVIDE MOBILE MARKET AND NON-PERISHABLE FOOD KITS

TO SENIORS AND LA QUINTA RESIDENTS
193

10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GovOS, INC. TO

PROVIDE SHORT-TERM VACATION RENTAL PROGRAM PERMITTING

SOFTWARE SERVICES AND TRANSIENT OCCUPANCY TAX COLLECTIONS 225

11. EXCUSE ABSENCE OF COMMISSIONER HERNANDEZ FROM THE MARCH 12, 2024, PLANNING COMMISSION MEETING
261

12. APPROVE DEMAND REGISTERS DATED MARCH 1, AND MARCH 8, 2024 263

13. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2023
277

BUSINESS SESSION
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1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TRITON
TECHNOLOGY SOLUTIONS, INC. FOR AUDIO AND VIDEO SYSTEM

UPGRADES AND ANNUAL MAINTENANCE AND SUPPORT SERVICES FOR

SEVERAL MEETING ROOMS AT CITY HALL AND WELLNESS CENTER
283

STUDY SESSION PAGE

1. DISCUSS ANNEXATION PROCESS RELATED TO THE SOUTHERN SPHERE

OF INFLUENCE AREA, INCLUDING AN OVERVIEW OF PROPERTY TAXES,

REVENUES, AND CURRENT INFRASTRUCTURE
343

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CITY COUNCIL AGENDA Page 4 of 8 MARCH 19, 2024
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

PAGE

1. ADOPT RESOLUTION TO APPROVE THE PROPERTY LOCATED AT 51555

MADISON STREET AS A QUALIFIED AND CERTIFIED LARGE LOT
PURSUANT TO SECTION 3.25.057 OF THE LA QUINTA MUNICIPAL CODE [RESOLUTION NO. 2024-011]
347

2. ADOPT RESOLUTION TO APPROVE THE PROPERTY LOCATED AT 51251

AVENIDA OBREGON AS A QUALIFIED AND CERTIFIED LARGE LOT
PURSUANT TO SECTION 3.25.057 OF THE LA QUINTA MUNICIPAL CODE [RESOLUTION NO. 2024-012]
373

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 5 of 8 MARCH 19, 2024

10. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (McGarrey)

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

16. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

17. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

18. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)

19. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey)

20. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

21. CVAG PUBLIC SAFETY COMMITTEE (Peña)

22. CVAG HOMELESSNESS COMMITTEE (Peña)

23. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

24. SUNLINE TRANSIT AGENCY (Peña)

25. ANIMAL CAMPUS COMMISSION (Sanchez)

26. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez)

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on April 2, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on March 14, 2024.

DATED: March 14, 2024
MONIKA RADEVA, City Clerk
City of La Quinta, California
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Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

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CITY COUNCIL AGENDA Page 7 of 8 MARCH 19, 2024
Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.
*** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
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CITY COUNCIL AGENDA Page 8 of 8 MARCH 19, 2024
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 7 FEBRUARY 20, 2024

CITY COUNCIL

MINUTES
TUESDAY, FEBRUARY 20, 2024

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.

CONFIRMATION OF AGENDA
City Attorney Ihrke requested Council consider voting to add a closed session item to the agenda pursuant to Government Code section 54954.2, subdivision (b)(2) [Brown Act] due to significant exposure to litigation based upon the receipt of two emails from a member of the public, sent on Saturday, February 17, 2024, and received by the City Attorney’s Office on Monday, February 19, 2024, alleging negligence, among other allegations, against the City in connection with the issuance of specified permits, which include an operable and governing permit for an event planned to occur before the next regularly scheduled Council meeting. Mr. Ihrke said, procedurally, in accordance with the Brown Act, since this matter came to the attention of staff subsequent to publishing the agenda packet on Friday, February 18, 2024, and because there is a need to take immediate action by the Council, and the City Attorney needs to update and receive direction from Council on the emails received, Council may add the proposed Closed Session Item No. 2 on tonight’s agenda by a minimum four-fifth vote, and if approved, the item will be added as follows:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
City Attorney Ihrke noted that at the conclusion of Closed Session, any action(s) taken will be reported out pursuant to the Brown Act.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to add Closed Session Item No. 2 to the agenda. Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 19
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CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

2. Added at Confirmation of Agenda >>> CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL
CASES: 1)

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:34 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:07 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – Council took the following action on this item:

MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to authorize the City Attorney to initiate litigation with the coordination of the City Attorney’s Office. Motion passed unanimously.

City Attorney Ihrke noted that upon the formal commencement and filing of litigation, the name of the action, defendants, and other particulars of the litigation may be disclosed upon inquiry.
 Added at Confirmation of Agenda >>> CLOSED SESSION ITEM NO. 2 – Council will continue consideration of this item after the open portion session of the meeting.

PLEDGE OF ALLEGIANCE
Councilmember McGarrey led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT SERGEANT

PATRICK (PAT) MUSHINSKIE
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CITY COUNCIL MINUTES Page 3 of 7 FEBRUARY 20, 2024
Mayor Evans provided a brief summary of Sgt. Mushinskie’s experience and qualifications. Lieutenant Velasco introduced Sgt. Mushinskie and spoke of his professionalism, work ethic, drive, and valuable experience he brings to the team. Sgt.

Mushinskie said he is excited about his new assignment and looking forward to working with his new team; Council congratulated and welcomed Sgt. Mushinskie on his new endeavor.

CONSENT CALENDAR

1. ADOPT ORDINANCE NO. 610 ON SECOND READING AMENDING CHAPTER

2.95 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE COMMUNITY

SERVICES COMMISSION AND RENAMING IT TO THE ARTS AND
COMMUNITY SERVICES COMMISSION [ORDINANCE NO. 610]

2. APPROVE CUSTODY AGREEMENT WITH U.S. BANK, NATIONAL

ASSOCIATION FOR ASSET CUSTODY SERVICES

3. AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR AND ONE

COUNCILMEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY LEADERS SUMMIT IN SACRAMENTO, CALIFORNIA, APRIL 17-19, 2024

4. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2023

5. APPROVED DEMAND REGISTERS DATED FEBRUARY 2, AND FEBRUARY 9, 2024
CONSENT CALENDAR ITEM NO. 2
City Clerk Radeva said staff distributed a revised red-lined insurance requirements as Exhibit B to the Asset Custody Agreement as a HAND-OUT, which was distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Consent Calendar as recommended, with Item No. 1 adopting Ordinance No. 610. Motion passed unanimously.

BUSINESS SESSION

1. ADOPT RESOLUTION ADOPTING A SPONSORSHIP POLICY [RESOLUTION NO. 2024-005] Community Services Deputy Director Calderon introduced Management Analyst Calderon who presented the staff report, which is on file in the Clerk’s Office. 11 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 4 of 7 FEBRUARY 20, 2024
Council discussed including opportunities for pickleball sponsorship and AM/EX sponsorship; means of vetting individuals who may donate; individual donations less than $50,000; ability to decline interested sponsors/donors based on values or exhibiting questionable motives or actions; Council’s ability to give final approval as well as ability to deny without explanation; adding clarifying language to define prescription drugs versus illicit drugs; possible conflict with a company under City contract and also being a sponsor; confirmed that staff and Council may make changes to the policy over time; difference between the Sponsorship Policy and a Naming Policy, the latter of which staff is currently drafting and will bring forth for Council review at a future meeting; Sponsorship Policy as a marketing tool; the proposed Sponsorship Policy has no influence on Citysponsorship; possibility of creating a future budget line for Sponsorship Fund/Grant Fund.

PUBLIC SPEAKER: Melissa Labayog, La Quinta – said the Sponsorship Policy should include the formation of an Ethics Commission to review any potential sponsorship opportunities that come before the City.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to adopt Resolution No. 2024-005 to adopt a Sponsorship Policy as recommended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ADOPTING A SPONSORSHIP POLICY
Motion passed unanimously.

2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MARK THOMAS & COMPANY TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR AVENUE 50 BRIDGE PROJECT NO. 2019-02, LOCATED ON AVENUE 50

OVER THE LA QUINTA EVACUATION CHANNEL
Public Works Director/City Engineer Bryan McKinney introduced Management Analyst Mignogna who presented the staff report, which is on file in the Clerk’s Office.

Council discussed right-of-way (ROW) phase of the project, and the involvement of the Coachella Valley Water District (CVWD); the developer of La Quinta Village Apartments (formerly known as Troutdale), and the owner of the south-east corner lot, UHC 00217 LAQUINTA, on obtaining ROW and/or encroachment permits necessary before construction may begin; staff noted on page 152 of the staff report are included optional tasks in the scope of work out of precaution to account for all possible necessary projects, clarifying that it is easier to remove these tasks from the scope of work than to add them in at a later date; importance of City communication efforts to the public and the school district related to closing Avenue 50 as this project gets closer to construction; questioned if the City would be required to pre-pay the Caltrans funding portion of the construction phase, which staff confirmed, noting these funds would come from the 2026/27 fiscal year Capital Improvement Program budget, and the City will be reimbursed over time; working with CVWD to make modifications to the evacuation channels to resolve elevation issues and flooding areas after storms, noting that Mark Thomas & Company will also be involved in coordination efforts.
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Staff provided an update on the Dune Palms Bridge project, stating they hope to open the access road in April 2024, and the 2nd half of the bridge construction has started.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to, approve agreement for contract services with Mark Thomas & Company to provide professional engineering services for Avenue 50 Bridge Project No. 2019-02; and authorize the City Manager to finalize and execute the agreement as recommended, contingent upon Caltrans acceptance of the contract financial documents. Motion passed unanimously.

3. APPOINT THE PUBLIC WORKS DIRECTOR TO SERVE ON THE IMPERIAL

IRRIGATION DISTRICT (IID) ENERGY CONSUMERS ADVISORY COMMITTEE (ECAC) FOR THE REMAINDER OF AN UNEXPIRED TERM ENDING
DECEMBER 31, 2024
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

Council discussed the IID ECAC meeting schedule; need to appoint a member to serve on the ECAC after receiving the resignation of resident member Lee Osborne; political nature of the position and contrast of municipal staff versus elected officials serving on the ECAC; current ratio of staff and residents serving; opening the position up for a community volunteer to appoint; and ECAC is not a commission, but is an advisory committee only.

Public Works Director/City Engineer McKinney expressed his confidence in serving on the ECAC and differentiating between political versus technical matters.

MOTION – A motion was made and seconded by Councilmembers McGarrey/Sanchez to appoint Public Works Director Bryan McKinney to serve as the City’s representative on the Imperial Irrigation District Energy Consumers Advisory Committee for the remainder of an unexpired term ending December 31, 2024. Motion passed unanimously.

STUDY SESSION – None
PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

3. SHORT-TERM VACATION RENTAL PROGRAM – 2024 CODE UPDATES AND 2023 QUARTER 4 (OCTOBER – DECEMBER) PROGRAM OVERVIEW OF

CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT
City Clerk Radeva provided a brief overview of the short-term vacation rental (STVR) 2024 Code updates and 2023 Quarter 4 program, and noted staff will provide to Council location information on the newly issued Homeshare STVR permits and potential largelot permits. 13 CLICK HERE to Return to Agenda
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7-C. PUBLIC SAFETY – POLICE QUARTERLY REPORT – OCTOBER – DECEMBER 2023
Riverside County Sheriff’s Department, Lt. Velasco explained the increase in response time noted in the quarterly report is due to staffing levels; and recruitment in the eastern Coachella Valley is difficult, but they are in the process of increasing the workforce.

Council requested a list of Sheriff’s Department employees, who serve or have served the City, and are retiring in the coming weeks and months so that the City may recognize them.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Fitzpatrick reported on her attendance at The Palms Assisted Living Memory Care facility's Valentine’s Day event; and the volunteer orientation for the La Quinta Arts Celebration.

Mayor Evans reported on her attendance at the Palm Springs Air Museum Gala; speaker at Leadership Coachella Valley hosted by the City of La Quinta followed by a reception at Old Town Artisan Studio; and Riverside County Date Festival Parade with Councilmembers McGarrey and Peña.

Mayor Pro Tem Peña reported on his attendance at the Palm Springs Air Museum Gala; an event at Mama’s House (a facility for supporting mothers in crises); and the Riverside County National Date Festival Presidents’ Day Parade.

Councilmember Sanchez reported on his attendance at the joint Riverside-San Bernardino Counties League of California Cities meeting.

Councilmember McGarrey reported on her attendance at the “Coffee with a Cop” event held at Aspen Mills; Coachella Valley Water District Sustainability Tour; College of the Desert tour; and the Riverside County National Date Festival Presidents’ Day Parade.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2024, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG ENERGY AND SUSTAINABILITY COMMITTEE
 IMPERIAL IRRIGATION DISTRICT – CV ENERGY COMMISSION
La Quinta’s representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
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CITY COUNCIL MINUTES Page 7 of 7 FEBRUARY 20, 2024
La Quinta’s representative for 2024, Councilmember McGarrey reported on her participation in the following organizations’ meetings:
 GREATER CV CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE  LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE, RIVERSIDE

COUNTY DIVISION
La Quinta’s representative for 2024, Mayor Pro Tem Peña reported on his participation in the following organizations’ meetings:
 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT

BOARD OF TRUSTEES
 CVAG PUBLIC SAFETY COMMITTEE
CLOSED SESSION – Continued

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:30 P.M,

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:26 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke said Council concluded consideration of Closed Session Item No. 2 and there were no actions taken that require reporting pursuant to Government Code Section 54957.1 (Brown Act).

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/McGarrey to adjourn at 6:27 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
15 CLICK HERE to Return to Agenda
16 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 611 ON SECOND READING AMENDING SUBSECTION 3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE RELATED TO

SHORT-TERM VACATION RENTALS REGARDING WRITTEN NOTICE AND

DECLARATION OF NON-USE

RECOMMENDATION
Adopt Ordinance No. 611 on second reading.

EXECUTIVE SUMMARY
 Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, among other provisions.  On March 5, 2024, Council introduced Ordinance No. 611 for first reading to amend Subsection (G) of Section 3.25.050 – “STVR permit – Required” of the LQMC related to the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to voluntarily “opt-out” of the requirements of Chapter 3.25 to streamline requirements and align the code with existing practices.
 If adopted on second reading, Ordinance No. 611 will go into effect 30 days after adoption or on April 19, 2024.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Amendments to the LQMC are needed from time to time to align the code with current best practices, consolidate provisions, remove unnecessary detail, improve processes, and update terms. Pursuant to State statutory and case law, the City has broad authority to regulate STVR uses operating within the City.

As relevant here, Chapter 3.25 currently includes the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to CONSENT CALENDAR ITEM NO. 2
17 CLICK HERE to Return to Agenda
voluntarily “opt-out” of the City’s STVR Program requirements even after having received and holding an active STVR permit.

On March 5, 2024, Council introduced Ordinance No. 611 for first reading to amend Subsection (G) of Section 3.25.050 – “STVR permit – Required” of the LQMC, which if adopted on second reading shall:
1) Clarify that an owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person may submit a written request or a declaration of non-use to opt-out of a current STVR permit, prior to the permit’s expiration.
2) Establish a universal 12-month wait period applicable to all STVR permits that have voluntarily opted-out of the requirements of Chapter 3.25 prior to the STVR permit expiration, before they are eligible to apply for a new STVR permit. 3) Effectuate this code amendment as of January 1, 2023.

The proposed LQMC amendment to Subsection 3.25.050(G) streamlines requirements and aligns the code with existing practices.

ALTERNATIVES
As Council approved this ordinance at first reading, Staff does not recommend an alternative.

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
18 CLICK HERE to Return to Agenda
ORDINANCE NO. 611

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING SUBSECTION

3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE

RELATED TO SHORT-TERM VACATION RENTALS

REGARDING WRITTEN NOTICE AND DECLARATION OF

NON-USE
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, and other specific provisions, including (as relevant here) the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to voluntarily “opt-out” of the requirements of Chapter 3.25 after having received and holding an active STVR permit; and
WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and
WHEREAS, the proposed amendment to Subsection (G) of Section 3.25.050 – “Short-term vacation rental permit – Required” – streamlines the requirements and aligns the code with existing practices.

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

SECTION 1. Subsection (G) is of Section 3.25.050 – Short-term vacation rental permit – Required of the La Quinta Municipal Code shall be amended as written in “Exhibit A,” attached hereto and incorporated herein by this reference.

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

SECTION 3. RETROACTIVE APPLICATION: Upon the effective date of this Ordinance, the amendment to Subsection 3.25.050(G) shall be applicable from and after January 1, 2023. It is the expressed intent of the City Council by adopting this Ordinance to have the amendments enacted hereby to apply retroactively from and after the date aforementioned.

SECTION 4. 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 5. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or 19 CLICK HERE to Return to Agenda
Ordinance No. 611
Chapter 3.25 Short-Term Vacation Rentals – Amending Subsection 3.25.050(G) regarding Declaration of Non-Use Adopted: March 19, 2024

Page 2 of 4 ends

clerical errors to this ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 19th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. 611
Chapter 3.25 Short-Term Vacation Rentals – Amending Subsection 3.25.050(G) regarding Declaration of Non-Use Adopted: March 19, 2024

Page 3 of 4 ends

EXHIBIT A

3.25.050 Short-term vacation rental permit – Required.
…
G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt-out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person submitting a written request or executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing with the city a written request or a fully executed declaration of non-use, the short-term vacation rental permit and business license shall be closed and the owner or owner's authorized agent or representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a written request or a declaration of non-use is a violation of this chapter. If, after a written notice or a declaration of non-use has been received and filed with the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner may apply for a new short-term vacation rental permit and business license only after twelve (12) consecutive months have elapsed from the date of the city’s receipt of the written notice or the declaration of non-use, and the owner and owner's authorized agent or representative otherwise shall fully comply with the requirements of this chapter and the code. 21 CLICK HERE to Return to Agenda
Ordinance No. 611
Chapter 3.25 Short-Term Vacation Rentals – Amending Subsection 3.25.050(G) regarding Declaration of Non-Use Adopted: March 19, 2024

Page 4 of 4 ends

(STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 611 which was introduced at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting held on the 19th day of March, 2024, not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the ___ day of ___________, 2024, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCES NOS. 612 AND 613 ON SECOND READING APPROVING 1) ZONE CHANGE 2023-1000 AND 2) DEVELOPMENT AGREEMENT 2023-1000, RESPECTIVELY FOR THE CLUB AT CORAL MOUNTAIN PROJECT CONSISTING OF 750 RESIDENTIAL UNITS, A GOLF COURSE AND 60,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT ALTERNATIVE 2 OF PREVIOUSLY

PREPARED ENVIRONMENTAL IMPACT REPORT, FOR ENVIRONMENTAL ASSESSMENT 2019-0010, APPLIES TO THE PROPOSED PROJECT; LOCATION:

SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET, AND NORTH OF AVENUE 60

RECOMMENDATION
Adopt Ordinance No. 612 approving Zone Change 2023-1000 and Ordinance No. 613 approving Development Agreement 2023-1000 on second reading.

EXECUTIVE SUMMARY
 On March 5, 2024, Council adopted resolutions approving the Club at Coral Mountain project (Project) as follows: 1) Resolution No. 2027-007 certifying Environmental Impact Report (EIR) (SCH # 2021020310) for Alternative No. 2 prepared for Environmental Assessment 2019-0010; and 2) Resolution No. 2027- 008 approving General Plan Amendment (GPA) 2023-1000, Specific Plan (SP) 2023-0003 (SP 2003-067, Amendment V), and Tentative Tract Map (TTM) 2023- 0005 (TTM 37815).
 On March 5, 2024, Council introduced Ordinances Nos. 612 and 613 for first reading adopting Zone Change (ZC) 2023-1000 and Development Agreement (DA) 2023-1000.
 If adopted on second reading, Ordinances Nos. 612 and 613 will go into effect 30 days after adoption, or on April 19, 2024.

FISCAL IMPACT
Development Agreement 2023-1000 includes payment of a $1,000 per unit mitigation fee to recover expenses associated with public safety, as this portion of the City does not generate sufficient property tax to offset costs for these services.

CONSENT CALENDAR ITEM NO. 3
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BACKGROUND/ANALYSIS
On March 5, 2024, Council held a duly noticed public hearing to consider the Project, consisting of 750 residential units, a golf course, and 60,000 square feet of retail commercial space, and adopted resolutions and introduced ordinances for first reading as follows:
 Resolution No. 2024-007 certified EIR (SCH #2021020310) for Alternative No. 2, for the Project; adopting environmental findings and Statement of Overriding Considerations pursuant to the California Environmental Quality Act (CEQA); and adopting a mitigation monitoring and reporting program.  Resolution No. 2024-008 approved:
 GPA 2023-1000 modified the layout of the Low Density Residential, General Commercial / Neighborhood Commercial and Open Space Recreation / Golf Course land use designations on the Project site to allow for a slightly different layout, resulting in minor decrease in Low Density Residential land and increase in golf Course land, as shown in Table 1 and Exhibit 1 below.  SP 2023-0003 updated and modified the Andalusia Specific Plan (SP 2003- 067, Amendment V) by limiting the commercial square footage to 60,000 square feet (reducing it from the previously allowed approximately 84,000 square feet); changed the Design Guidelines section for the west side to contemporary from the previously approved Spanish architectural style; added Sheep Protection Plan under Section 2.8.5 to address protection of Bighorn Sheep at Coral Mountain, as provided in the Project EIR; added a golf course clubhouse, fitness center and similar recreational facilities, both indoor and outdoor, as permitted uses in Planning Area III, in addition to the already allowed outdoor recreational facilities; and made minor modifications to the balance of the Specific Plan affecting the west half of the plan area only.
 TTM 2023-0005 (TTM 37815) subdivided the 387 acres on the west side of Madison Street into 7 lots for financing purposes only.  Ordinance No. 612, if adopted, will adopt ZC 2023-1000 amending the Zoning Map (Exhibit A) to match the modifications made as part of the adopted GPA and ensure consistency. The zone map change is warranted as the configuration of uses has marginally changed, as shown in the table below, and consistency with the conceptual plan for the Project is required.
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Table 1
Land Use Summary*
Land Use Zoning Existing
Acres
Proposed
Acres
Change
(acres)
General Commercial Neighborhood Commercial
(CN) 8.4 7.7 -0.7
Low Density
Residential
Low Density Residential
(RL) 204.2 191.8 -12.4
Open Space
(Recreation)
Golf Course (GC) 171.9 187.5 +15.6
*Note that Existing acreage is calculated on net (384.5 acres) and Proposed is calculated on gross (387 acres).
 Ordinance No. 613, if adopted, will approve DA 2023-1000 which includes the following terms:

1. Vests the Project approvals and requires that the applicant develop the Project pursuant to those approvals to include up to 750 residential units, a golf course, and 60,000 square feet of commercial space.

2. Allows short-term vacation rentals (STVRs) for the residential units within the Project; STVRs are an allowed use within the SP.

3. Requires compliance with the Project design features and mitigation measures in the EIR.

4. Imposes an annual $1,000 per unit mitigation fee for public safety costs.

5. Allows the reduction or elimination of the per unit mitigation fee based on the amount of transient occupancy tax received by the City in two consecutive previous years.

6. Establishes a 10-year phased development schedule, with the backbone infrastructure and golf course being completed within 4± years, and the residential and commercial components within 10 years.

If adopted on second reading, Ordinances Nos. 612 and 613 will go into effect 30 days after adoption, or on April 19, 2024.

The applicant is required to submit Site Development Permits (SDPs) for the golf course, residential units, and commercial square footage, and Tract Maps for any further division of the lots for single family homes. The applicant has not yet submitted any subsequent permits. The SP document contains a graphic of the design concept for the future Project on which the current applications are based:
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Exhibit 1 – Project Design Concept

AGENCY AND PUBLIC REVIEW
All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended conditions of approval (COAs).

Public Hearing Notice
The March 5, 2024, public hearing for this Project was advertised in The Desert Sun newspaper on February 23, 2024, distributed to properties within 500 feet of the Site, and emailed or mailed to all interested parties requesting notification of the project.

Tribal Consultation
In accordance with SB18 and AB52, Tribal Consultation was conducted with the Agua Caliente Band of Cahuilla Indians (ACBCI), who were the only tribe to request consultation. Mitigation measures in the EIR address ACBCI’s concerns regarding the site.

ALTERNATIVES
As Council approved these ordinances at first reading, Staff does not recommend an alternative.

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
26 CLICK HERE to Return to Agenda
ORDINANCE NO. 612

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP

TO CHANGE THE SHAPE AND ACREAGE OF

NEIGHBORHOOD COMMERCIAL, LOW DENSITY

RESIDENTIAL, AND GOLF COURSE 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, AND 766-080-005
CASE NUMBER: ZONE CHANGE 2023-1000
APPLICANT: CM WAVE DEVELOPMENT LLC
WHEREAS, the City Council of the City of La Quinta, California did, on March 5, 2024, hold a duly noticed Public Hearing, to consider a request by CM Wave Development LLC for approval of General Plan Amendment 2023-1000, Zone Change 2023-1000, Specific Plan Amendment 2023-0003, Tentative Tract Map 2023-0005 (TTM 37815), and Development Agreement 2023-1000, and specifically the Zone Change would amend the Zoning Map distribution and acreage of Neighborhood Commercial, Low Density Residential, 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, and 766-080-005; and WHEREAS, the General Plan Amendment, Specific Plan Amendment, and Tentative Tract Map were adopted by Council Resolution No. 2021-008, and the Development Agreement is being adopted by Ordinance No. 613 in accordance with state law; and
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 23, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site, and emailed or mailed to all interested parties who have requested notification relating to the project; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did adopt Planning Commission Resolution No. 2024-004 recommending City Council adoption of said Zone Change at a duly noticed Public Hearing on the January 23, 2024; 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 No. 1983-68). The City prepared an Environmental Impact Report (SCH 27 CLICK HERE to Return to Agenda
Ordinance No. 612
Zone Change 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

Page 2 of 4 ends

#2021020310) for Environmental Assessment 2019-0010. On March 5, 2024, the City Council adopted Resolution No. 2024-007 on March 5, 2024, certifying the Environmental Impact Report for Alternative No. 2, and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics, air quality, greenhouse gas emissions and traffic as it pertains to vehicle miles traveled, 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 above.

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 include homes, a golf course and perimeter improvements and streets consistent and complementary to improvements surrounding the site.

3. The zone map change 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 zone map change is suitable and appropriate for the subject property because the property is essentially flat, and the same land uses as currently permitted will be developed.

5. Approval of the zone map change is warranted because the configuration of uses has marginally changed, and consistency with the conceptual plan for the project is required.

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

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.
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Ordinance No. 612
Zone Change 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

Page 3 of 4 ends

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

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

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 this 19th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Ordinance No. 612
Zone Change 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

Page 4 of 4 ends

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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58TH AVENUE
60TH AVENUE

MADISON STREET

CALLE CONCHITA
58TH AVENUE
60TH AVENUE

MADISON STREET

CALLE CONCHITA

ZONING MAP AMENDMENT

DATA TABLE
EXHIBIT DATE: NOVEMBER 1, 2023

APPLICANT /

IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MSA CONSULTING ,INC.

Civil Engineering Land Surveying Landscape Architecture Planning Environmental Services Dry Utility Coordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsulti 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

EXISTING ZONING

GC GOLF COURSE

CN NEIGHBORHOOD COMMERCIAL

RL LOW DENSITY RESIDENTIAL

PROPOSED ZONING

GC GOLF COURSE

CN NEIGHBORHOOD COMMERCIAL

RL LOW DENSITY RESIDENTIAL
NOTE : THIS ZONING MAP AMENDMENT

WILL ONLY REFINE EXISTING ZONE

BOUNDARIES WITHIN THE WEST TRACT
SPECIFIC PLAN 03-067. ALL EXISTING

ZONING DESIGNATIONS FOR THE WEST
TRACT WILL REMAIN UNALTERED.

ORDINANCE NO. 612 EXHIBIT A
ZONE CHANGE 2023-1000; PROJECT: CLUB AT CORAL MOUNTAIN
ADOPTED: MARCH 19, 2024
31 CLICK HERE to Return to Agenda
Ordinance No. 612
Zone Change 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
(STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 612 which was introduced at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting held on the 19th day of March, 2024, not being less than 5 days after the date of introduction thereof.

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the ___ day of ___________, 2024, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
32 CLICK HERE to Return to Agenda
ORDINANCE NO. 613

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 CLUB AT CORAL MOUNTAIN AND

FINDING THAT THE PROJECT IS CONSISTENT WITH
ENVIRONMENTAL ASSESSMENT 2019-0010
CASE NUMBER:

DEVELOPMENT AGREEMENT 2023-1000
APPLICANT: CM WAVE DEVELOPMENT LLC
WHEREAS, the City Council of the City of La Quinta, California did, on March 5, 2024, hold a duly noticed Public Hearing to consider a request by CM Wave Development LLC for approval of General Plan Amendment 2023-1000, Zone Change 2023-1000, Specific Plan Amendment 2023-0003, Tentative Tract Map 2023-0005 (TTM 37815), and Development Agreement 2023-1000, for the Club at Coral Mountain project, a master planned community on 386 acres of a 929 acre area located south of Avenue 58, north of Avenue 60, and east and west of Madison Street, more particularly described as:

Assessor Parcel Numbers (APNs):
764-200-076, 764-210-007, 764-210-028, 764-210-029, 766-070-003, 766-070-006, 766-070-012, 766-070-014, 766-080-001, 766-080-002, 766-080-004, and 766-080-005
WHEREAS, the General Plan Amendment, Specific Plan Amendment, and Tentative Tract Map were adopted by Council Resolution No. 2021-008, and the Zone Change is being adopted by Ordinance No. 612 in accordance with state law; 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 February 23, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site, and emailed or mailed to all interested parties who have requested notification relating to the project; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did, on January 23, 2024, hold a duly noticed Public Hearing to consider this request and did 33 CLICK HERE to Return to Agenda
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

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adopt Planning Commission Resolution No. 2024-004 recommending City Council approval of the Development Agreement; 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 No. 1983-68). The City prepared an Environmental Impact Report (SCH #2021020310) for Environmental Assessment 2019-0010. The City Council adopted Resolution No. 2024-007 on March 5, 2024, certifying the Environmental Impact Report for Alternative No. 2 and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with aesthetics, air quality, greenhouse gas emissions and traffic as it pertains to vehicle miles traveled, 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 Ordinance 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 Andalusia Specific Plan, Amendment No. 5.

2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed in the Andalusia 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.
34 CLICK HERE to Return to Agenda
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

Page 3 of 4 ends

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

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case, and that the City Council hereby approves and incorporates herein by this reference Development Agreement 2023-1000 by the adoption of this Ordinance and authorizes the City Manager to execute the same in substantially the form presented to the City Council with the adoption of this Ordinance.

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

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

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 19th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
35 CLICK HERE to Return to Agenda
________________________
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024

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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
ORDINANCE NO. 613 EXHIBIT A DEVELOPMENT AGREEMENT 2023-1000 ADOPTED: MARCH, 19 2024
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DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of the __ day of _______________, 2024 (“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 master-planned residential community with up to 750 homes, an 18-hole golf course and other open space and private recreational amenities, , and up to 60,000 square feet of neighborhood commercial uses (collectively, the “Project”). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Andalusia Specific Plan (Specific Plan No. SP 03-067), as amended by Amendment No. 5 (“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 2023-____; (v) Zone Change No. ZC 2023-____; (vi) Tentative Tract Map No. TTM 2023-____; and (vii) any future discretionary or ministerial approvals and/or permits issued for the Project (collectively, the “Project Site Development Permits”); (viii) any future subdivision maps approved for the Project (collectively, the “Future Tract Maps”); and (ix) 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)-(ix) 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. The Project and the Site constitute and affect only a portion of the property subject to Specific Plan No. SP 03-067, and neither this Agreement nor any other aspect of the Project Approvals shall impose any conditions, restrictions, or mitigation measures on the other portion of property subject to Specific Plan No. SP 03-067 located on the east side of Madison Street (the “Andalusia Country Club Project”).

E. 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. 38 CLICK HERE to Return to Agenda
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F. 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 agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein.

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

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

I. On _________, 2024, 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. In addition to the defined words and terms set forth elsewhere in this Agreement, the following defined words and terms shall apply:

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 3.6.2 of this Agreement.
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1.1.5 “Applicable Rules” means the following 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: the City’s General Plan (as amended by GPA 2023-___), the Zoning Ordinance (as amended by Zone Change 2023-___), and the 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 Annual Mitigation Fee” shall have the meaning set forth in Section 3.6.2 of this Agreement. The Coral Mountain 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. 40 CLICK HERE to Return to Agenda
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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, 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 41 CLICK HERE to Return to Agenda
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other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits.

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

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

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

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

1.1.35 “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.

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

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

1.1.38 “Public Facilities” shall have the meaning set forth in Section 4.4 of this Agreement.
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1.1.39 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer’s ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a 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).

1.1.40 “Schedule of Performance And Phasing Plan” 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.

1.1.41 “Short-Term Vacation Rental(s) 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.

1.1.42 “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.

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

9.180.020 of the La Quinta Municipal Code.

1.1.44 “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.

1.1.45 “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.

1.1.46 “Specific Plan” shall have the meaning as set forth in Recital C. 43 CLICK HERE to Return to Agenda
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1.1.47 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein.

1.1.48 “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.

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

1.1.50 “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).

1.1.51 "Vesting Date” means the later of (i) the Effective Date of this Agreement, and (ii) the running of all applicable statute of limitations and referendum petition deadlines to challenge the Project Approvals with no legal challenge or petition having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer and City.

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 44 CLICK HERE to Return to Agenda
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No._____ approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits.

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

1.5 City CEQA Findings.

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

1.6 Modification or Amendment of this Agreement.

Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Section 65867-65868, the City’s Development Agreement Ordinance, and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with 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 45 CLICK HERE to Return to Agenda
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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 and recorded in the Recorder’s Office. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (c) Amendment Exemptions. City approval of (1) administrative adjustments to a Project Approval, as defined in Section 2.2.10 of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any minor amendments or modifications to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder. (d) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder. In no event shall the signature or consent of any Non-Assuming Transferee be required to amend this Agreement.

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

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, save and except only those rights and obligations expressly stated in this Agreement to survive termination. 46 CLICK HERE to Return to Agenda
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1.8 Assignment of Interests, Rights and Obligations.

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

1.8.1 Assignment and Assumption Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Site (other than a transfer or assignment by Developer to an affiliated party, a “Mortgagee”, or a “Non-Assuming Transferee” (as defined in Section 1.8.2 below)), Developer and the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under the Project Approvals. Such Assignment and Assumption Agreement may:
(i) release Developer from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to improve that portion of the Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.
(b) Except as provided in Section 1.8.2 of this Agreement, Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) Developer is not then in default under this 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 Recorder’s Office, 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 47 CLICK HERE to Return to Agenda
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attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor.
(e) Provided any assignment is consistent with the Development Agreement Act and Development Agreement Ordinance, the City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.

1.8.2 Non-Assuming Transferees.

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

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

1.8.3 Transfers to Affiliated Parties.

Developer, or any “Affiliated Party” of Developer, may at any time and without City’s prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any “Affiliated Party” of such Transferor and, in connection with the transfer of any such 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. Any Assignment and Assumption Agreement between Developer and any Affiliated Party(ies) shall be recorded in the Recorder’s Office upon complete execution by the parties thereto after approval of the form by the City Manager and City Attorney.

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. 48 CLICK HERE to Return to Agenda
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2. AGREEMENTS AND ASSURANCES

2.1 Agreement and Assurance on the Part of Developer.

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

2.2 Agreement and Assurances on the Part of the City.

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

2.2.1 Vested Entitlement to Develop.

Developer has the vested right to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements within the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the 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; 49 CLICK HERE to Return to Agenda
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(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, except as otherwise set forth in this Agreement.

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 and allowances 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.
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2.2.3 Subsequent Development Review.

2.2.4 Effective Development Standards.

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

2.2.5 Moratoria or Interim Control Ordinances.

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

2.2.6 Reserved.

2.2.7 Impact Fees.

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

2.2.8 Timeframes and Staffing for Processing and Review.

City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical 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 51 CLICK HERE to Return to Agenda
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Rules, and the Project Approvals, and agrees to exercise its discretion concerning Discretionary Actions in manner that is consistent with the terms and conditions of this Agreement.

2.2.9 Extension of Tentative Maps.

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

2.2.10 Project Approval Adjustments.

To the extent permitted by state and federal law, any Project Approval may, from time to time, be amended or modified in the following manner:
(a) Administrative Adjustments. Upon the written request of Developer for a modification to a Project Approval (other than this Agreement), the Development Director or designee, in consultation with the City Engineer, shall determine: (i) whether the requested modification is minor when considered in light of the Project as a whole, and (ii) whether the requested modification is consistent with Applicable Rules (other than that portion of the Applicable Rules sought to be amended). If the Development Director or designee, in consultation with the City Engineer, determines, in his/her reasonable judgment, that the proposed modification is both minor and consistent with Applicable Rules (other than that portion of a Project Approval sought to be amended), the modification shall be determined to be an “Administrative Adjustment” and the Development Director or designee, in consultation with the City Engineer, may, except to the extent otherwise required by state or federal law, approve the Administrative Adjustment without notice and public hearing. For the purpose of this Section 2.2.10, and by way of example only, site plan review, architectural review, lotting pattern changes, changes in pedestrian paths, tentative subdivision map amendments (including lotting patterns and street alignments) which are minor and will not have a substantial or material impact on traffic circulation as described for each such area in the Specific Plan, substitutions of comparable landscaping for any landscaping shown on a landscape plan, minor variations in the location of lots or homesites that do not substantially alter the design concepts of the Project, final locations of floating park sites, floating public facility sites, and minor variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, may be treated as Administrative Adjustments by the Development Director and the City Engineer.
(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.
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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 on a portion of “Planning Area V”;
(B) Up to 750 single-family residential dwellings and related recreational and open space amenities and infrastructure improvements on approximately 191.8 acres on a portion of “Planning Area III”;
(C) A golf course and other recreational amenities, as well as related facilities and infrastructure improvements on approximately 184.9 acres on a portion of “Planning Area VI” and related facilities and infrastructure improvements; and (D) Allowance of short-term vacation rentals pursuant to Article 5 of this Agreement and as permitted under the Specific Plan.

Developer shall develop the Project only in accordance with the terms of this Agreement, the Applicable Rules, the Project Approvals, and the Schedule of Performance And Phasing Plan 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 And Phasing Plan, 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 And Phasing Plan, 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.
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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, if applicable to Alternative 2 in the EIR, as specifically identified in Exhibit “C” attached hereto. Developer’s compliance with this provision is a contractual commitment that is enforceable by the City pursuant to the terms of this Agreement.

3.4 Mitigation Monitoring Program.

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

3.5 Conditions of Approval.

As a condition of development, the Developer shall also comply with the conditions of approval attached hereto as Exhibit “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 54 CLICK HERE to Return to Agenda
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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 shall be located on the development-side and not on the BLM side of the protective sheep barrier.

3.5.2 CC&Rs Incorporating CVMSHCP Compliance.

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

3.6 Payment of Fees.

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

3.6.1 [Reserved]

3.6.2 Annual Mitigation Fee; 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 first ten (10) years of 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 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 Annual Mitigation Fee shall be comprised of the following: The collective sum of One Thousand Dollars ($1,000.00) for each of the 750 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 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 Annual Mitigation Fee for the next Operative Year (and each Operative Year thereafter) shall be reduced from One Thousand Dollars ($1,000.00) per residential unit 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 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 55 CLICK HERE to Return to Agenda
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the Coral Mountain 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 the Coral Mountain 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 Annual Mitigation Fee consistent with the terms hereof, and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain 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 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 Annual Mitigation Fee. In any action by the City to collect the Coral Mountain 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 Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each July 1
st during the term of this Agreement, commencing on the first anniversary of the first Annual Mitigation Payment Date, by an increase of two percent (2%) per year. The CC&Rs as described in the last paragraph of Section 3.6.2 above shall include the annual rate adjustment as provided in this Section 3.6.3 of this Agreement.

3.6.4 Other Fees and Charges.

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

3.7 Dedications and Improvements; Improvement Security.

Developer shall complete and offer dedications to the City or other applicable public agency of those public improvements required in connection with the Project, as specified in the Conditions of Approval. In connection with the recordation of any final subdivision map for the 56 CLICK HERE to Return to Agenda
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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 public 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 Recorder’s Office 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 III, Planning Area V, and Planning Area VI) of the Project, but the CC&Rs shall include at a minimum the terms and conditions governing the payment of fees as required in Section 6.3 of this Agreement, the terms and conditions allowing for the use of short-term vacation rentals as provided in Article 5 of this Agreement for the applicable Planning Areas of the Project, and general maintenance, repair, landscaping, public and private utility usage and ownership (including streets, alleys, sidewalks, water, sewer, gas, electricity, telecommunications, and related infrastructure. The CC&Rs shall be implemented and enforced by a duly established homeowners association (“HOA”) pursuant to state law for a common interest development. The City shall be deemed a third party beneficiary to the CC&Rs with the right, but not the obligation, to enforce any terms and conditions included for the benefit of the City as provided for in this Agreement or the CC&Rs (“City Required Provisions”). The City Required Provisions, once approved by the City Manager and City Attorney, may not be substantively amended or modified without the prior written consent of the City Manager and City Attorney, which shall not be unreasonably withheld, conditioned or delayed.

3.9 Indemnification.

Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction and development-related activities on the Site by Developer, but excluding those resulting from the gross negligence or willful misconduct of any Indemnitee, but including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”). In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the 57 CLICK HERE to Return to Agenda
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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 Reserved.

4. CITY’S OBLIGATIONS

4.1 Scope of Subsequent Review/Confirmation of Compliance Process.

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

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

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

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 58 CLICK HERE to Return to Agenda
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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 Site 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 that are planned and completed in compliance with the Project Approvals, Applicable Rules, and this Agreement. Developer agrees to reimburse the City for all costs associated with providing expedited services, above and beyond those costs covered by the City’s Processing Fees. In the event City does not have adequate resources, City shall authorize the use of “contract labor” for inspection and plan review purposes, which shall be reimbursed by Developer, pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credit to Developer to avoid Developer paying more than once for the same plan check, inspection, or other City service. City shall consult with Developer concerning the selection of the most knowledgeable, efficient and available “contract labor” for purposes of providing inspection and plan review duties for the City and the Project; provided, however, that City shall retain the right to select any “contract labor” it reasonably chooses.

4.4 Final Map and Improvement Plan Procedures.

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

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 59 CLICK HERE to Return to Agenda
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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 Section 65457 and CEQA Guidelines Sections 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 periodic review by the City, Developer, upon written request from the City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms and conditions of this Agreement. The failure of the City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement or the obligations of the Parties to perform pursuant to the terms and conditions of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, City shall, at Developer’s request, issue a certificate of compliance to Developer stating that (i) This Agreement remains in full force and effect, and (ii) Developer is in compliance with this Agreement. The certificate of compliance shall be in a form approved by the Parties and, for the City, the City Manager and the City Attorney, and may be in recordable form. Developer may, at its sole cost and expense, record any such certificate of compliance if obtained. If, at the conclusion of the annual review provided for herein, Developer has been found not to be in compliance with this Agreement, City shall, at is sole and 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 does hereby 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, and this vested 60 CLICK HERE to Return to Agenda
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right shall inure to the benefit of Developer and all owners of residential units within the Project.

As such, the rights and obligations under this Section 5 shall survive the sale of each residential unit to a third-party homebuyer and termination of this Agreement to each such unit. 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 within the Project shall be subject to the Short-Term Vacation Rental Regulations, including but not limited to violations and penalties for such violations 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, only then 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 the Short-Term Vacation Rental Regulations, the Developer or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 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 the Short-Term Vacation Rental Regulations, 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 the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 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 the Short-Term Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the “owner” shall have a process available, through an independent arbitrator or neutral decision-maker designated by the Developer or 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 the Short-Term Vacation Rental Regulations 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. 61 CLICK HERE to Return to Agenda
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Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Project and each single family residence on the Site 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 (or successor provisions) 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 shortterm vacation rentals in the Project comply with the City’s requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement.

5.3 Covenants, Conditions and Restrictions.

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

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.
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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 or other monetary damages (with the exception of Developer’s potential obligations for indemnity or attorneys’ fees as provided in Sections 3.9 and 8.22 or for potential Short Term Vacation Rental penalties or other code enforcement remedies) 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 or fee revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City’s Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City’s Development Agreement Ordinance or the Development Agreement Act.

6.4 Developer’s Exclusive Remedies.

The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred 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 63 CLICK HERE to Return to Agenda
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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.

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.
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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
c/o Meriwether Companies
2235 Broadway
Boulder, CO 80302
Attn: Garrett Simon
And
CM Wave Development Companies
c/o John Gamlin
79-625 Rancho San Pascual
La Quinta, CA 92253
With a copy to:

Stowell, Zeilenga, Ruth, Vaughn & Treiger,
LLP
4590 E. Thousand Oaks Blvd., Suite 100
Westlake Village, CA 91362
Attn: James D. Vaughn, Esq
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Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

8.2 Force Majeure.

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

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

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

8.3 Binding Effect.

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

8.4 Independent Entity.

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

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 66 CLICK HERE to Return to Agenda
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Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.

8.6 Covenants.

The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement.

8.7 Non-liability of City Officers and Employees.

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

8.8 Covenant Against Discrimination.

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

8.9 No Waiver.

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

8.10 Severability.

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

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 67 CLICK HERE to Return to Agenda
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to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder.

8.12 Estoppel Certificate.

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

8.13 Construction.

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

8.14 Recordation.

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

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

8.15 Captions and References.

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

8.16 Time.

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

8.19 Counterpart Signature Pages.

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

8.20 Authority to Execute; Representations and Warranties.

Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) except for the threat of litigation from individuals and organizations who made comments on the EIR or otherwise exhausted their administrative remedies prior to the close of the public hearings on the Project Approvals, there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this 69 CLICK HERE to Return to Agenda
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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.

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:
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“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)
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EXHIBIT “A”
EXHIBIT "A"

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL "B" OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 07, 2006 BEING:

THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2002-930, RECORDED FEBRUARY 13, 2003, AS DOCUMENT NO. 2003-102524, RECORDS OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS;

BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89° 56' 35" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 499.01 FEET; THENCE SOUTH 00° 03' 25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 58° 09' 44" EAST, A DISTANCE OF 765.93 FEET; THENCE NORTH 77° 42' 02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID PARCEL "D" AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 77° 42' 23" EAST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 20° 10' 55", AN ARC DISTANCE OF 864.75 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2345.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 65° 20' 50", AN ARC DISTANCE OF 2674.53 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2455.00 FEET;

THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 20° 25' 31", AN ARC DISTANCE OF 875.17 FEET TO THE EASTERLY LINE OF SAID SECTION 28 AND THE MOST SOUTHERLY CORNER OF SAID PARCEL "D"; THENCE NORTH 00° 17' 44" EAST ALONG THE EASTERLY LINE OF SAID SECTION 28 AND THE PARCEL LINE OF SAID PARCEL "D", A DISTANCE OF 2104.91 TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH 89° 30' 09" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 00° 05' 52" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 1326.33 FEET; THENCE NORTH 89° 30' 56" WEST ALONG SAID PARCEL LINE A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 89° 54' 54" WEST ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1322.31 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 00° 09' 14" EAST ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1325.69 TO THE POINT OF BEGINNING.

TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY.

APN: 766-070-012-5, 764-210-007-9, 764-210-028, 764-210-029, 764-200-076-0 73 CLICK HERE to Return to Agenda
EXHIBIT “A”
EXHIBIT "A"
(Continued)
PARCEL B:

THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTHERLY 180.00 FEET TO THE

NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTH HALF OF THE NORTHEAST QUARTER, THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, EXCEPT THE WEST 820.00 FEET THEREOF AND THE SOUTHERLY 180.00 FEET OF THE WEST 820.00 FEET OF THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, ALL IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN;
EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN 58TH AVENUE.

SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY.

APN: 766-070-003-7,006-0
PARCEL C:

THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN;

EXCEPTING THEREFROM ALL OIL, MINERAL, HYDROCARBON AND KINDRED SUBSTANCES IN AND UNDER SAID PROPERTY, WITHOUT RIGHT OF SURFACE ENTRY.

APN: 766-080-001-6, 002-7
PARCEL D:

THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN;

EXCEPTING THEREFROM THAT PORTION OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE NORTH 00°07'45" WEST, ALONG THE WEST BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, 287.38 FEET TO A POINT ON THE ARC OF A CURVE; THENCE 94.73 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 05°57'51" WHOSE CHORD BEARS SOUTH 66°04'50" EAST, A DISTANCE OF 94.68 FEET; THENCE SOUTH 69°03'45" EAST, 679.03 FEET TO A POINT IN THE SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89°29'45" WEST, ALONG SAID SOUTH BOUNDARY, 720.12 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN 60TH AVENUE.

APN: 766-080-005-0
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EXHIBIT “A”
PARCEL E:

THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.

SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY.

APN: 766-080-004-9
PARCEL F:

PARCEL A OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 7, 2006, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND

MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND A PORTION OF PARCEL D OF THE LOT LINE ADJUSTMENT NO. 2002-390 RECORDED FEBRUARY 13, 2003 AS INSTRUMENT NO. 2003102524 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WHICH

IS INCLUDED WITHIN SAID PARCEL A, ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28;
THENCE SOUTH 89° 56' 35" EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 499.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 03' 25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 58° 08' 44" EAST A DISTANCE OF 765.93 FEET;
THENCE NORTH 77° 42' 02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID

PARCEL D AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 77° 42' 23" EAST;

THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 00° 14' 26" AN ARC DISTANCE OF 10.31 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28;
THENCE NORTH 00° 05' 52" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 616.74 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28;
THENCE NORTH 89° 56' 35" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 822.00 FEET TO THE TRUE POINT OF BEGINNING.

APN: 766-070-014
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EXHIBIT “B”
EXHIBIT “B”

SITE MAP
(Attached)
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EXHIBIT “B”
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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
• 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:
• 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. 80 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 3 March 2022
• 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 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 81 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 4 March 2022
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.
• 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 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
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EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 5 March 2022
• 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 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:
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EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 6 March 2022
• 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 and in conformance with Section 3.5.1 of the Development Agreement.

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 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 project will incorporate private security 84 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 7 March 2022
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.

The project setting best reflects what CAPCOA refers to as a suburban place type because it is characterized by dispersed, low-density, single-use automobile dependent land use patterns. The maximum reduction expected when combining multiple mitigation strategies for the suburban place type is 10 percent and requires a project to contain a diverse land use mix, workforce housing, and project‐specific transit, according to CAPCOA.

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

Project VMT is reduced by the following project design features/attributes, which are enforceable by the City pursuant to the terms of the Development Agreement, and are anticipated to collectively reduce project home-based VMT by approximately 6%. • The placement of different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non‐ auto modes of transport. For example, when residential areas are in the same 85 CLICK HERE to Return to Agenda
EXHIBIT C – DRAFT PROJECT DESIGN FEATURES
Coral Mountain Resort Exhibit C 8 March 2022
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, retail, and recreational 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 recreational amenities 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.
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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 AND PHASING PLAN
(Attached)
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EXHIBIT “H”
PROJECT COMPONENT LAND USE START COMPLETION*
MASTER SITE IMPROVEMENTS - Backbone N.A.

Developer “Backbone” improvements, including mass and
rough grading, and Infrastructure, including streets, utilities, and perimeter landscaping, Madison Entry Facility
Within 18 months of Vesting Date 3 years after Start Date

PLANNING AREA III RESIDENTIAL
Phase 1 – Parcels A, B, C, G, including “in-tract” developer master site improvements – utilities, streets, landscape; Within 36 months of Vesting Date 2 years after Start Date Amenities, including Main Club, Sports & Fitness Within 36 months of Vesting Date 2 years after Start Date Golf Maintenance Facility; Within 36 months of Vesting Date 2 years after Start Date Phase 2 – Parcels D, E, F, including “in-tract” developer master site improvements – utilities, streets, landscape;
Within 48 months of Vesting Date 2 years after Start Date Phase 3 – Parcels U, V, including “in-tract” developer master site improvements – utilities, streets, landscape;
Within 60 months of Vesting Date 2 years after Start Date Phase 4 – Parcels R, S, T, including “in-tract” developer master site improvements – utilities, streets, landscape;
Within 72 months of Vesting Date 2 years after Start Date Phase 5 – Parcels H, I, J, K, L, M, N, O, P, including “in-tract” developer master site improvements – utilities, streets, landscape;
Within 84 months of Vesting Date 2 years after Start Date Amenities at Coral Mountain, Bike Pump Track, observatory, gathering and dining areas, trail network completion Within 84 months of Vesting Date 2 years after Start Date

PLANNING AREA V NEIGHBORHOOD COMMERCIAL
Site Improvements and 5,000 SF market (including nonconditioned outdoor space) Within 84 months of Vesting Date 2 years after Start Date

PLANNING AREA VI GOLF COURSE
Phase 1 – Grading, Golf Course Construction Within 20 months of Vesting Date 2 years after Start Date *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.

Note: 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 up to five 1-year periods to be approved by the City Manager. **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. 92 CLICK HERE to Return to Agenda
EXHIBIT “H”
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Ordinance No. 613
Development Agreement 2023-1000
Project: Club at Coral Mountain
Adopted: March 19, 2024
(STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 613 which was introduced at a regular meeting on the 5th day of March, 2024, and was adopted at a regular meeting held on the 19th day of March, 2024, not being less than 5 days after the date of introduction thereof.

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the ___ day of ___________, 2024, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY

TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY

HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS

RECOMMENDATION
Adopt a Resolution to reaffirm adoption of the annual assessment for County Service Area 152 for Fiscal Year 2024/25, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels.

EXECUTIVE SUMMARY
• The City has an agreement with Riverside County (County) wherein the County assesses properties within the City for the maintenance and operations of street sweeping, flood control, retention basin, and other drainage facilities within La Quinta to improve overall storm water quality.
• These activities are required under the Clean Water Act and the National Pollutant Discharge Elimination System Program.
• The Council must annually adopt a resolution authorizing the County to assess City parcels and hold the County harmless for levying the assessments. • The per parcel assessment rate will remain unchanged from its original 1997 rate of $9.99 per Benefit Assessment Unit for the Fiscal Year 2024/25.

FISCAL IMPACT
County Service Area (“CSA”) 152 assessments generate approximately $300,000 per year.

These funds are held by the County and are designated for expenditures related to storm water pollution mitigation under the National Pollutant Discharge Elimination System (NPDES) permit. The City may request reimbursement for qualifying expenditures, such as retention basin maintenance, and the revenue is recognized in General Fund (Account No. 101-0000-43633, CSA 152 Assessments).

CONSENT CALENDAR ITEM NO. 4
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BACKGROUND/ANALYSIS
In 1991, the County enacted CSA 152 to provide funding for local jurisdictions to maintain flood control and storm drain facilities. In 1994, the City joined CSA 152, and in 1997 the Council approved the Benefit Assessment Unit rate of $9.99. The City/County Agreement is available for review in the Public Works Department.

Staff recommends the City’s continued participation in CSA 152 and to authorize the County to levy and collect these assessments for Fiscal Year 2024/25.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer 96 CLICK HERE to Return to Agenda
RESOLUTION NO. 2024 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR THE COUNTY SERVICE AREA 152 TO FUND
THE CITY’S STREET SWEEPING PROGRAM AND
OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND

FLOOD CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and
WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and
WHEREAS, the City is a co-permittee of Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit rate for the 1997-1998 Fiscal Year CSA 152 assessments; and
WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and
WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City’s flood control and drainage system to comply with the National Pollutant Discharge Elimination System Permit and to provide street sweeping within the City of La Quinta; and
WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and 97 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Riverside County Service Area (CSA) 152 – Fiscal Year 2024/24 Assessments Adopted: March 19, 2024

Page 2 of 3 ends

WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

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

Section 1. The City Council finds the foregoing recitals to be true and correct.

Section 2. The City Council finds and declares that the City’s CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments.

Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City’s CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City.

Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2024/2025 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996.

Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City’s application of reliance on or use of County Service Area 152.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of March 2024, by the following vote:

AYES:
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Resolution No. 2024 – XXX
Riverside County Service Area (CSA) 152 – Fiscal Year 2024/24 Assessments Adopted: March 19, 2024

Page 3 of 3 ends

NOES:

ABSENT:

ABSTAIN:

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 38793 LOCATED WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 54

RECOMMENDATION
Adopt a resolution approving Final Parcel Map 38793.

EXECUTIVE SUMMARY
• The owner of a vacant residential lot within the Madison Club is subdividing the property into two parcels.
• All conditions of approval for Tentative Parcel Map 38793 have been completed and the owner has requested approval of the Final Parcel Map. • Approving the final map is a ministerial action that is required after the conditions of approval have been satisfied.

FISCAL IMPACT
There is no fiscal impact to the City. No off-site improvements were required with this Final Parcel Map.

BACKGROUND/ANALYSIS
The project site is located on Peary Place within the Madison Club at the northwest corner of Monroe Street and Avenue 54 (Attachment 1). The owners are Never Had One Lesson, LLC and Shirley Place 26, LLC. The subject property previously consisted of two vacant residential lots that were merged in 2022. Tentative Parcel Map 38793 proposes to subdivide the 1.42 acre parcel into two parcels of 0.74 and 0.68 acres which was approved by Director’s decision on November 17, 2023.

Final Parcel Map 38793 (Attachment 2) has passed technical review by the City Surveyor and has been signed by the property owner; Staff recommends approval of the final map.

CONSENT CALENDAR ITEM NO. 5
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ALTERNATIVES
Staff does not recommend an alternative action.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/ City Engineer Attachments: 1. Vicinity Map

2. Parcel Map 38793
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RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL
OF FINAL PARCEL MAP NO. 38793
WHEREAS, Tentative Parcel Map No. 38793 was approved by Director’s decision on November 17, 2023, as permitted under the Subdivision Map Act, subject to conditions of approval; and
WHEREAS, the developer has completed the conditions of approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City Council does hereby grant approval of Final Parcel Map No. 38793, as referenced in the title of this Resolution, for the reasons set forth in this Resolution.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

Page 2 of 2 ends

APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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V I C I N I T Y M A P

NOT TO SCALE
PARCEL MAP NO. 38793
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE SUBMITTAL OF GENERAL PLAN AND

HOUSING ELEMENT ANNUAL PROGRESS REPORTS FOR CALENDAR YEAR 2023 TO THE STATE OFFICE OF PLANNING AND RESEARCH AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; CEQA: MAKE A

DETERMINATION THAT THIS ACTION IS NOT A PROJECT AS DEFINED IN SECTION 15378(b)(2) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
Authorize submittal of the General Plan and the Housing Element Annual Progress Reports to the State Office of Planning and Research and the Department of Housing and Community Development; and determine the action is not a project as defined in Section 15378(b)(2) of the California Environmental Quality Act.

EXECUTIVE SUMMARY
 State Law requires incorporated communities to adopt a General Plan that regulates the land development within the City’s boundaries and sphere of influence.  The 2035 La Quinta General Plan (General Plan) was adopted by Council on February 19, 2013.
 A General Plan Annual Progress Report (General Plan APR) and Housing Element Annual Progress Report (Housing APR) have been prepared in compliance with State regulations.
 Planning Commission reviewed the General Plan APR and Housing APR at their meeting on March 12, 2024, and recommended that Council authorize submittal to OPR and HCD.

BACKGROUND/ANALYSIS
General Plan APR
California Government Code Section 65300 requires the City to prepare and adopt a comprehensive, long-term General Plan. The General Plan addresses lands within the City’s boundaries and its sphere of influence (Attachment 1). Staff has presented General Plan progress reports to Planning Commission and Council every year since 2017.

The General Plan APR was prepared according to the guidelines established by the State Office of Planning and Research (OPR) and provides General Plan implementation status since adopted on February 19, 2013. The General Plan APR reviews all goals, policies, and programs for the mandated elements: Land Use, Circulation, Housing, Conservation, Open Space, Safety, and Noise. Additionally, the General Plan APR reviews all optional elements such as the Livable CONSENT CALENDAR ITEM NO. 6
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Community, Economic Development, Parks, Recreation, and Trails, Air Quality, Biological Resource and Cultural Resource elements. All goals/policies are listed with their current status. Updates to implementation efforts are highlighted in yellow in the General Plan APR (Attachment 2).

General Plan implementation occurs regularly by all City Departments through the development and implementation of City programs, and Planning Commission and Council review of development projects for consistency with the General Plan.

Housing APR
Preparing and submitting the Housing APR to HCD and OPR is required by all cities pursuant to SB 35 and AB 879, enacted in 2017. Codified as Government Code 65400, this legislation requires cities to prepare a Housing APR that outlines annual building activity, housing development applications received, and progress towards achieving a city’s Regional Housing Needs Allocation (RHNA) (Attachment 3). The allocations for the 2022-2029 cycle are as follows:

Very Low Low Moderate Above Moderate Total
420* 269 297 544 1,530
27% 18% 19% 36% 100%
*Extremely Low = 210. Half of the very low-income units are required to be for extremely low-income households.

The current report shows the City has exceeded its above moderate-income allocation goal for the 2022-2029 housing cycle. La Quinta’s adopted 2022-2029 Housing Element and current zoning identifies an inventory of sites that allow for affordable housing development, including recently acquired properties along the Highway 111 Corridor to provide for lower income allocations. A Housing Element amendment was approved in November 2023 which added three new sites for very low- and low-income housing (Attachment 4). The amendment was approved by HCD in February 2024. Additionally, the La Quinta Village Apartments project that was approved in November 2023, provides for 74 moderate income housing units.

ENVIRONMENTAL REVIEW
The General Plan APR and Housing APR are not subject to environmental review as the reports are not considered a project as defined in Section 15378(b)(2) of CEQA.

Prepared by: Cheri Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director Attachments: 1. La Quinta General Plan Map

2. General Plan Annual Progress Report

3. Housing Element Annual Progress Report Summary

4. Housing Element Site Inventory and Map
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Highway 111
Madison St
54th Ave
48th Ave
52nd Ave
Miles Ave
Airport Blvd
50th Ave
Monroe St
Fred Waring Dr Jefferson St
Washington St
58th Ave
60th Ave
Harrison St
Van Buren St
62nd Ave
Monroe St
Jackson St
OS-N
LDR
OS-N
LDR
MC
OS-R
OS-R
OS-R
OS-R
OS-N
OS-N
OS-R
OS-R
TC
LDR
LDR
OS-R
OS-R
OS-N
OS-N
OS-R
TC
LDR
OS-R
OS-R
LDR
OS-R
OS-R
LDR
LDR
OS-R
CG
OS-R
OS-R
TC
LDR
TC
LDR
MHDR
OS-R
OS-R
OS-R
MC
LDR
OS-R
OS-R
LDR
OS-R
LDR
MC
LDR
MHDR
TC
OS-R
OS-R
OS-R
LDR
OS-R
MC
CG
OS-R
OS-R
OS-R
OS-N
MC
LDR
OS-N
OS-R
OS-R
LDR
TC
OS-R
OS-R
OS-N
LDR
OS-R
OS-R
OS-N
MHDR
LDR
OS-R
OS-R
CG
MHDR
OS-R
OS-R
TC
MHDR
OS-R
CG
MHDR
CG
MHDR
MHDR
CG
CG
CG
CG
CG
CG
MHDR
LDR
LDR
TC
LDR
LDR
LDR
LDR
LDR
LDR
LDR
I
LDR
LDR
LDR
LDR
LDR
LDR
LDR
LDR
LDR
LDR
LDR
LDR
CG
LDR
CG
LDR
LDR
LDR
LDR
CG
LDR
MC
CG CG
CG
MHDR
CG
MC
CG
¯ 0 0.325 0.65 1.3 1.95 2.6
Miles
General Plan Designations
LDR Low Density Residential
MHDR Medium and High Density Residential
CG General Commercial
TC Tourist Commercial
VC Village Commercial
I Industrial and Light Manufacturing
MC Major Community Facilities
OS-N Open Space Natural
OS-R Open Space Recreation
ROW Street Rights of Way
Sphere of Influence and Planning Area
Riverside County Parcel Boundaries
City Limits

EISENHOWER DR

CALLE TAMPICO

WASHINGTON ST

AVENIDA BERMUDAS

CALLE TAMPICO

WASHINGTON ST
VC
OS-R
MC

OS-R MHDR
MC
OS-R
MC
CG
MHDR
VC
VC
VC
LDR
LDR
VC
LDR
VC
VC
OS-R
OS-R
LDR
LDR
LDR
LDR
VC
VC
VC
OS-R
OS-R
MC
VC
VC
VC
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
MHDR
VC
VC
VC
MC
MHDR
MHDR
MHDR
The Village Inset
Aug 2022
General Plan
J:\USERS\jhu\general plan\General_Plan.mxd
Preferred Land Use Map
ATTACHMENT 1
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GENERAL PLAN

ANNUAL PROGRESS
REPORT
ATTACHMENT 2
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i
Table of Contents
Section Page Number
Table of Contents i
List of Abbreviations ii
General Plan Elements
Land Use 1
Circulation 6
Livable Community 12
Economic Development 15
Housing 19
Parks, Recreation, and Trails 25
Air Quality 27
Energy and Mineral Resources 29
Biological Resources 30
Cultural Resources 31
Water Resources 33
Open Space and Conservation 34
Noise 36
Soils and Geology 37
Flooding and Hydrology 38
Hazardous Materials 40
Fire Hazards 41
Climate Change 42
Emergency Services 43
Water, Sewer, & Utilities 45
Public Facilities 47
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ii
List of Abbreviations
Abbreviation Meaning
ALRB Architecture and Landscape Review Board
GP General Plan
SOI Sphere of Influence
PUD Planned Unit Development
SP Specific Plan
CVWD Coachella Valley Water District
IID Imperial Irrigation District
CVMSHCP Coachella Valley Multi Species Habitat Conservation Plan CIP Capital Improvement Plan
STVR Short Term Vacation Rental
ALUC Airport Land Use Commission
ATP Active Transportation Plan
PAT Process Action Team
PMP Pavement Management Plan
CVAG Coachella Valley Association of Governments
LOS Level of Services
LQMC La Quinta Municipal Code
TSM Transportation Systems Management
JPA Joint Powers Authority
CEQA California Environmental Quality Act
TMO Transportation Management Organization
GHG Greenhouse Gas
BRT Bus Rapid Transit
NEV Neighborhood Electric Vehicles
GPS Global Positioning System
GIS Geographic Information Systems
EIR Environmental Impact Report
RHNA Regional Housing Needs Assessment
AHO Affordable Housing Overlay
LIHTC Transition Low Income Housing Tax Credit
HUD Housing and Urban Development
HCD California Department of Housing and Community Development EDA Riverside County Economic Development Agency
MVK Martha’s Village and Kitchen
CVRM Coachella Valley Rescue Mission
LIHEAP Low Income Home Energy Assistance Program
HERO Home Energy Renovation Opportunity
DRD Desert Recreation District
SCAQMD South Coast Air Quality Management District
TAC Toxic Air Contaminant
LED Light Emitting Diode
CNG Compressed Natural Gas
MBTA Migratory Bird Treaty Act
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iii
FY Fiscal Year
SB California Senate Bill
AB California Assembly Bill
NPDES National Pollutant Discharge Elimination System
dbA A-weighted Sound Level
CNEL Community Noise Equivalent Level
CM City Manager
EOP Emergency Operations Plan
EOC Emergency Operations Center
FEMA Federal Emergency Management Agency
CERT Community Emergency Response Team
DIF Development Impact Fees
ISO Insurance Services Office
CalOES California Office of Emergency Services
TOT Transient Occupancy Tax
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Policy/Programs Description Status
Goal LU-1
Policy LU-1.1 The Land Use Map shall implement the goals and policies of the Land Use Element and the other Elements of the General Plan. Complete and Ongoing. The Land Use Map is updated on a periodic basis to be sure the land use patterns in the City reflect the goals and policies of the General Plan.Program LU-1.1a Maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix. Complete and Ongoing. Zone Change and General Plan Amendment Proposals are reviewed for consistency. Updated Overall Zoning Map in 2022.Program LU-1.1b The Zoning Ordinance will include design standards in all zoning districts that assure high quality development. Complete and Ongoing. Design guidelines are in effect for the Highway 111 area. Specific Plans include separate design guidance approved by the Planning Commission and City Council. Citywide single-family residential design guidelines have been adopted.Policy LU-1.2 All land use decisions shall be consistent with all applicable General Plan policies and programs and shall uphold the rights and needs of property owners as well as those of the general public. Ongoing. Required by law and findings during project approval.Policy LU-1.3 The City Council shall review the City's Sphere of Influence every five years Ongoing. The General Plan was last updated in 2013 and the Sphere of Influence was considered then. The City is currently engaging in a study of the Sphere of Influence area to determine the feasibility of annexation.

Policy LU-1.4
No annexation affecting lands in the southern Sphere of Influence (also known as Vista Santa Rosa) shall occur until a Master Plan for this area has been adopted, unless the annexation is required for municipal purposes.

No annexations in this area have been proposed since adoption of the General Plan Update.

Program LU-1.4a The Master Plan for Vista Santa Rosa will include an active and aggressive community participation program to ensure that community character is reflected in the Plan. No master plan has been initiated due to limited interest by development community for annexation.Program LU-1.4b The Master Plan for Vista Santa Rosa can be initiated by the City or by property owners or developers who are willing to fund the project. No master plan has been initiated.Policy LU-1.5 All annexation applications by land owners shall include fiscal analysis that fully addresses the fiscal impact of the proposed annexation. Subsequently, all annexation applications shall also include a Development Agreement application or mechanism other that demonstrates how the annexation will be revenue neutral or revenue positive for the City.

Ongoing. No annexations have been proposed in the City since adoption of the General Plan Update. This policy will be applied to annexation requests. Applicants will be required to submit fiscal analysis and enter into development agreements when annexing properties. The City is currently engaging in a study of the Sphere of Influence area to determine the feasibility of annexation.

Goal LU-2
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.

Complete and Ongoing, Planned Unit Development (PUD) standards have been codified to further encourage mixed land use development. Encourage applicants to incorporate innovative, high quality design, amenities and mixed land uses in Specific Plans and Amendments.

LAND USE
Land use compatibility throughout the City.High quality design that complements the City. 1 116
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Policy LU-2.2
Specific Plans shall be required for projects proposing the integration of recreation, tourist commercial and residential uses; and for all projects proposing flexible development standards that differ from the Zoning Ordinance.

Ongoing. Specific Plans are available for new development, As an alternative, the PUD ordinance has been adopted to allow flexible development standards.

Program LU-2.2a Maintain detailed requirements for the preparation of Specific Plans in the Zoning Ordinance Complete. The Zoning ordinance has Specific Plan requirements. Case are reviewed to make sure they are in compliance with Specific Plan requirements in the zoning ordinance.Program LU-2.2b The Planning Director will determine substantial conformance in approved Specific Plans Ongoing. Planning staff reviews cases to determine which are substantially conforming. Design and Development Director has final approval.Program LU-2.2c The Planning Director has the authority to waive the need for a Specific Plan Amendment under the following circumstances: When changes to the land use allocation are less than 5%; When the off-site circulation pattern and turning movements will not be altered by the proposed change; When the change is considered minor in nature and does not conflict with the purpose and intent of the Specific Plan; or When no new land use is proposed.

Ongoing and case-by-case. Planning staff reviews cases to determine which need Specific Plan Amendments. Design and Development Director has final approval. Cases are reviewed during pre-application reviews to determine if specific plans are necessary.

Policy LU-2.3 The City's outdoor lighting ordinance will be maintained.

Ongoing. Standards are built into the Zoning ordinance to allow for the lighting ordinance to be maintained. Applicants prepare photometric study to prove compliance as required by application submittal requirements.

Policy LU-2.4 Planning for all major community facilities shall carefully consider the potential impacts to adjacent development, particularly residential development. Ongoing. Review of impacts required under CEQA unless exempt.Program LU-2.4a Maintain standards for municipal facilities, utility substations, schools and similar public facilities in the Zoning Ordinance. Complete. Section 13.24.110 of the Municipal Code discusses requirements for utilities, also Chapter 9.90 of the Municipal Code has standards for development of major community facilities.Policy LU-2.5 Public and utility projects shall be subject to the same standards as the development community.

Complete. Section 13.24.110 of the Municipal Code discusses requirements for utilities, also Chapter 9.90 of the Municipal Code has standards for development of major community facilities.

Policy LU-2.6 Participate in efforts to preserve and protect sensitive resources throughout the City and its Sphere of Influence, in support of the CVMSHCP.

Complete and Ongoing. Chapter 3.34 of the Municipal Code includes requirements for paying the local development mitigation fee in support of the CVMSHCP. Also addressed through CEQA process; review of locations of Conservation Areas. Add Conservation Areas on Permit Software mapping app.

Program LU-2.6a Maintain and enforce the Hillside Preservation Ordinance Ongoing. Section 9.110.070 has development standards for the Hillside conservation Overlay District in order to preserve hillsides. Add Hillside Conservation Overlay on Permit Software mapping app.

Program LU-2.6b Amend the Land Use Map as necessary to ensure the preservation of sensitive resources through the designation of open space. Complete. Open space areas are currently designated on the Zoning and General Plan Land Use Maps.Program LU-2.6c Encourage the use of native landscaping and "links" golf courses that preserve areas of natural terrain and native vegetation. Complete and ongoing. Section 8.13 of the Municipal Code includes regulations for water efficient landscaping which promotes the use of native landscaping.Policy LU-2.47 Continue to include park facilities planning in neighborhood planning efforts Ongoing. Zoning ordinance includes common area open space requirements.Program LU-2.7a Continue to utilize the Quimby Act to charge park fees and allow for park development. Ongoing. Quimby fees are collected prior to final Map recordation. Updated sheet on website with latest population factor reflected from 2010 Census data. 2 117
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Program LU-2.7b Incorporate park planning into annexation studies and annexation community outreach efforts. No annexations have been proposed in the City since adoption of the General Plan Update.

Goal LU-3
Policy LU-3.1 Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern. Ongoing. All applications are reviewed for compatibility with neighbors. Findings must also include compatibility. Program LU-3.1a Periodically review land use designations to assure that changes in the community and marketplace are met.

Ongoing. Currently, the land use designations are appropriate. Village Build Out Plan completed 2016. Continue researching changes in planning and development, such as changes in recreational preferences of residents and the aging population, and allow for changes in land use designations as necessary. Planning works with City Manager's office regarding Highway 111 land uses.

Program LU-3.1b Apply the City's discretionary powers and site development review process consistently to assure that subdivision and development plans are compatible with existing residential areas. Complete and Ongoing. The project review process allows for this. Plan check process to assure plans are following the standards.Policy LU-3.2 Density transfers may occur in Specific Plans when common area amenities and open space are provided. Complete. Currently, Specific Plans allow for a density transfer process.Policy LU-3.3 Maintain residential development standards including setbacks, height, pad elevations and other design and performance standards that assure a high quality of development in the Zoning Ordinance. Complete. Chapters 9.50 and 9.60 of the Municipal Code set forth residential development standards. Plan check process assures plans are following the standards. City-wide residential guidelines approved.Program LU-3.3a Provide incentives in the Zoning Ordinance for creative and high quality development; projects that reduce the dependence on automobiles; projects that incorporate trails and paths for pedestrians and bicycles; and projects that incorporate transit and alternative transportation facilities into their designs.

Complete. PUD and Mixed Use standards have been codified to further encourage mixed land use development and to allow for flexible development standards .

Goal LU-4
Policy LU-4.1 Encourage compatible development adjacent to existing neighborhoods and infrastructure. Ongoing. All applications are reviewed for compatibility with neighbors. Findings must also include compatibility. Program LU-4.1a Continue to use creative planning techniques, including the merger of small residential lots in the Cove, to encourage development in existing neighborhoods. Ongoing, Case-by-case basis.Policy LU-4.2 Capital improvement projects for developed areas in the City should be of first priority, to encourage infill development. Ongoing. CIP program identifies public projects that are planned for and prioritized by need.Program LU-4.2a Require necessary improvement/extension of intervening roadways and infrastructure to serve new development. Ongoing. Conditions of Approval are the method for instituting this program.

Goal LU-5
Policy LU-5.1 Use development incentives to achieve a mix of housing, including affordable housing. Ongoing and case-by-case. Density bonuses, Mixed Use, PUD and SP regulations allow for a mix of housing.Program LU-5.1a Monitor the progress made to achieve Housing Element mandated goals for the provision of housing and consider amendments to the General Plan when necessary to help achieve those goals. Ongoing. Yearly report is prepared evaluating housing in the City. Provide Annual reports to Planning Commission and City Council on progress towards Housing Element goals.

A broad range of housing types and choices for all residents of the City.Safe and identifiable neighborhoods that provide a sense of place.Maintenance and protection of existing neighborhoods. 3 118
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Policy LU-5.2 Consider changes in market demand in residential product type to meet the needs of current and future residents.

Ongoing. Trends in the market are being followed, such as less younger people are buying homes and are more interested in mixed use type development. Recent residential development modifications for Signature at PGA West, Rancho Santana, Stone Creek, Carmela, and numerous others have been considered and approved based on changing consumer demands.

Program LU-5.2a Periodically review and update, as needed, the standards of the Zoning Ordinance to allow for changes in residential product types without the need for a Specific Plan. Complete. PUD regulations have been added to the zoning ordinance to promote changes in housing types without going through the Specific Plan processProgram LU-5.2b Include detailed residential development standards in the Mixed Use Overlay zoning district. Complete. Section 9.140.090 of the Municipal Code includes regulations for Mixed Use residential development.

Goal LU-6
Policy LU-6.1 Commercial land use designations shall allow a full range of retail, office, resort and institutional businesses in the City. Complete. The commercial zones in the City allow for a full range of retail, office, resort and institutional businesses in the City.Program LU-6.1a As part of the update of the Economic Development Plan, review the Land Use Map regularly to assure that sufficient lands are designated for commercial uses which support the needs of the community and surrounding areas.

Ongoing.

Program LU-6.1b Encourage the integration of a wide range of support services at employment centers, including child care, occupational health, fitness facilities and convenience retail shops. Complete. Mixed use regulations have been added to the zoning ordinance to promote support services.Program LU-6.1c Maintain economic and demographic statistical data and make this data available to the development community and other interested parties. Complete and ongoing. City website has demographic data on it which is available for anyone to view and is updated on a regular basis as information is available.Policy LU-6.2 Maintain commercial development standards in the Zoning Ordinance including set backs, height, pad elevations and other design and performance standards that assure a high quality of development. Complete. Chapters 9.90 and 9.100 include development regulations for commercial development.Policy LU-6.3 Support and encourage the expansion of the resort industry as a key component of the City's economic base. Ongoing. New hotels are proposed for the Silverrock site and Short term vacation rental (STVR) program has been instituted, which collects TOT. A new hotel was constructed on Highway 111.Program LU-6.3a Provide standards for a broad range of tourist commercial land uses in the Zoning Ordinance. Complete. A variety of uses is provided for in Chapter 9.80 of the Municipal Code for tourist commercial development.Policy LU-6.4 Support the development of a broad range of non-polluting, carefully planned industrial uses. Complete. The Commercial Park district of the City allows for light industrial uses.Program LU-6.4a Include provisions for industrial development including development standards, permitted and conditionally permitted land uses in the Zoning Ordinance. Based on demand for industrial development which has been low. Develop new standards for Industrial zoning district upon consideration of a masterplan for the Vista Santa Rosa area.Policy LU-6.5 Industrial lands shall be located along major transportation corridors, and in areas that maximize all available infrastructure. Complete. Land Use map is consistent with this.Policy LU-6.6 Encourage the development of vocation and technical programs in the educational system to help the industrial sector find qualified local employees. No activity, limited demand in the City for industrial uses.

A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region. 4 119
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Policy LU-6.7 Consider the airport Master Plan in all development proposals adjacent to the Jacqueline Cochran Airport. Ongoing. Required by law.

Program LU-6.7a Standards for development adjacent to airports shall be developed which maximize the need for public safety. No activity. The Airport Land Use Commission has development regulations in place to accommodate public safety. This will be necessary for future projects in the Sphere of Influence adjacent to the Jacqueline Cochran Airport.Program LU-6.7b Projects located within the influence area of the Airport's Land Use Plan will include review and analysis of their conformance with the Land Use Plan in their application submittal. Ongoing. Projects sent to the ALUC if within a protection zone within the airport land use plan.

Goal LU-7
Policy LU-7.1 Encourage the use of mixed use development in appropriate locations. Ongoing and case-by-case.Program LU-7.1a Establish a Mixed Use Overlay for all the commercial zoning designations. Complete. Mixed Use Overlay adopted in 2016.Policy LU-7.2 Mixed Use developments within 300 feet of Highway 111 must include retail commercial development for at least 75% of the ground floor leasable area. Complete. Included in 2016 zoning update.Policy LU-7.3 Encourage the use of vacant pads in existing commercial development on Highway 111 for residential use. Ongoing and case-by-case basis. Highway 111 Corridor Plan contains implementation strategies to encourage this.Program LU-7.3a Amend the Zoning Ordinance to include standards for high density residential development within commercial zones. Complete. Added in 2016.Policy LU-7.4 Develop incentives for Mixed Use projects. Complete. Added with Mixed Use Overlay in 2016.

Program LU-7.4a Consider density bonuses, modified parking requirements, expedited entitlement and building permit processing and fee waivers for Mixed Use projects. Complete. Added with Mixed Use Overlay in 2016.Policy LU-7.5 Develop a Master Non-Motorized Transportation Plan for the Village. Complete and Ongoing. Complete Street improvements are constructed which include installing roundabouts, sidewalks, mid-block crossings and drainage improvements. Policy LU-7.6 Review and amend, as necessary, the Village Design Guidelines to allow maximum flexibility for Mixed Use projects. Complete. Village Design Guidelines were rescinded to allow more flexibility in design in the Village. Mixed Use Overlay standards apply to the Village Commercial District.Policy LU-7.7 Continue to allow off-site parking through the payment of in lieu fees in the Village, as well as other creative parking alternatives. Complete. Parking studies in the Village are conducted on a semi-annual basis to determine parking needs. Flexible standards added to zoning ordinance in 2016.Program LU-7.7a Plan for and fund a City parking structure in the Capital Improvement Program. Complete. Included in Capital Improvement Program (CIP).Policy LU-7.8 Encourage the expansion of transit service to meet commuter needs. Staff works with Sunline during project review process.Program LU-7.8a Expand transit opportunities on Highway 111 and to the Village to allow a broad range of services (including special event shuttle services). Coordinate with Sunline during Highway 111 and Village PAT discussions.

Innovative land uses in the Village and on Highway 111. 5 120
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Policy/Program Description Status
Goal CIR-1
Policy CIR-1.1 Maintain and regularly update a complete General Plan masterplan of roads, which includes provisions for as many modes of travel as possible. Complete and Ongoing. Currently in General Plan Program CIR-1.1.a Annual Monitoring of the roadway network, maintain a CIP Ongoing. New 5yr CIP approved in 2022.Program CIR-1.1.b Establish and maintain a roadway pavement program (PMP) with timelines and schedules for maintenance of existing roads and establish funding levels each fiscal year. Ongoing. Finalized 2021 PMP Update Program CIR-1.1.c The General Plan Traffic Impact Analysis and associated modeling shall be updated every two years or as determined appropriate by the City Engineer. No Activity. Update of traffic model has not occurred since 2012. Not needed at this time.

Policy CIR-1.2 General plan street classifications- Highway 111, Major Arterial, Primary Arterial, Secondary Arterial, Modified Secondary, Collector Complete. Currently in General Plan Policy CIR-1.3 PW standard plans setting forth roadway standards and specs shall be updated and maintained for ROW, lane dimensions and multi-use path design Complete and Ongoing. Engineering Bulletins and Standards. VMT criteria adopted June 2020 was added Policy CIR-1.4 PW director authorized to make consistency findings to permit modifications that do not compromise operational capacity of subject roadway or intersections Ongoing and Case-by-Case Policy CIR-1.5 Where the construction of multi-use paths is called for but is determined to be infeasible sidewalks shall be constructed along at least one side of these roadways. Ongoing. Implemented on a case by case basis and based on roadway improvements and available right of way Policy CIR-1.6 Maintain LOS-D, unless infeasible and/or conflict with other goals. Ongoing. City enforces this standard for developmentPolicy CIR-1.7 Allow flexible LOS standards in recognition of constraints on roadway expansion and as a means of creating streets that balance all modes of travel. Case-by-Case. At times this is permitted.

Policy CIR-1.8
LOS E and F conditions may be determined acceptable during peak travel periods and a level of service exemption or GP consistency determination may be approved if other feasible roadway improvements can be constructed and/or management programs implemented that mitigate for the loss and achieve acceptable LOS. Exemptions shall not affect the implementation of previously approved roadway and intersection improvements.

Case-by-Case. At times this is permitted.

Policy CIR-1.9
Coordinate and cooperate with Caltrans, CVAG, Riverside County and adjoining cities to assure adequate transportation infrastructure, systems management coordination, preservation of capacity and maximized efficiency along Washington Street, Jefferson Street, Highway 111, Fred Waring Drive, Harrison Street and other major roadways.

Ongoing. La Quinta is part of the CV Sync program, which will coordinate traffic signals along major corridors throughout the Coachella Valley.

CIRCULATION
A transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet current demands and projected needs of the City. 6 121
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Program 1.9.a
Maintain a liaison with adjoining cities, Caltrans, CVAG Riverside County planning and engineering staff to study and implement effective means of preserving and improving capacity along Washington Street, Jefferson Street, Highway 111, Harrison Street and other major roadways serving inter-city traffic. Strategies shall include but are not limited to synchronized signalization, consolidation of access drived and restriction of access, construction of additional travel and turning lanes, raised median islands, and other improvements to critical intersections.

Ongoing. Consultant traffic engineer cooperates with adjoining agencies, signal timing and other concerns. Street improvement projects between jurisdictions occur periodically. City participates in the CVSync project with CVAG.

Policy CIR-1.10 Establish and maintain minimum standards of roadway geometries, points of access and other improvements that facilitate movement of traffic onto and off of the roadway network. Complete and ongoing. City implements these standards.

Program CIR-1.10.a
Review new and redeveloping projects along all major roadways with the intent of limiting access and aligning and/or consolidating access drives in a manner which minimizes conflicting turning movements and maximizes the use of existing and planned signalized intersections.

Ongoing. Currently achieved with development review.

Program CIR-1.10.b
On Major Arterials the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 1,060 feet for commercial frontage. Intersection spacing may be reduced to 500 feet at the Whitewater Channel and La Quinta Evacuation Channel. The design speed shall be 55 miles per hour (mph). Left turn median cuts may be authorized if the proposed turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns: More than 250 feet on the approach left to a full turn; more than 150 feet on the exit leg from a full turn intersection; more than 275 feet between driveways. All access configurations shall be subject to City Engineer review and approval.

Ongoing. Currently achieved with development review.

Program CIR-1.10.c
On Primary Arterials the minimum intersection spacing shall be 1,060 feet. The design speed shall be 45 mph. Left turn median cuts may be authorized if the proposed turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between curb returns): More than 250 feet on the approach leg to a full turn intersection; More than 150 feet on the exit leg from a full turn intersection; More than 275 feet between driveways. All access configuration shall require City Engineer review and approval.

Ongoing. Implemented with development projects during development review.

Program CIR-1.10.d
On Calle Tampico, between Eisenhower Drive and Washington, and on Eisenhower Drive, between Calle Tampico and Avenida Bermudas, full turn intersections may be permitted at a minimum distance of 500 feet, if the intersection complies with an approved Corridor Signal Plan.

Ongoing. Implemented with development projects during development review.

Program CIR-1.10.e
On Secondary Arterials, the minimum intersection spacing shall be 600 feet. The design speed shall be 40 mph. Full access to adjoining property shall be avoided and shall exceed the following minimum separation distances (in all cases, distances shall be measured between curb returns): More than 250 feet on the approach leg to a full turn intersection; More than 150 feet on the exit leg from a full turn intersection; more than 250 feet between driveways.

Ongoing. Implemented with development projects during development review.

Program CIR-1.10.f
On Collectors, the minimum intersection spacing shall be 300 feet. The design speed shall be 30 mph. Access driveways shall exceed there following minimum separation distances (in all cases, distances shall be measured between the curb returns): -More than 250 feet on the approach leg to a full turn intersection; -more than 150 feet on the exit leg from a full turn intersection; -more than 250 feet between driveways.

Ongoing. Implemented with development projects during development review.

Program CIR-1.10g On Local streets, the minimum intersection spacing shall be 250 feet. The design speed shall be 25 mph. All access configurations shall be subject to City Engineer review and approval. Ongoing. Implemented with development projects during development review.

Program CIR-1.10h
Within subdivisions, private streets may be designed to provide a reduced minimum paved width of 28 feet with no onstreet or restricted on-street parking, subject to City Engineer and Fire Department approval, and in consideration of other improvements that encourage pedestrian and bicycle use.

Ongoing. Implemented with development projects during development review. Revised to 32 ft per new Fire Department regulations. 7 122
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Program CIR-1.10.i Standards for all City streets, intersections and other appurtenances shall be maintained in the City Municipal Code. Complete. Maintained in the LQMC Program CIR-1.10.j
The City Engineer shall establish and maintain a traffic-calming program that details acceptable traffic calming devices or concepts in residential neighborhoods. The City may review and finalize the 2008 "Neighborhood Traffic Management Program" for this purpose.

No official program in place, however, individual projects may implement traffic-calming strategies.

Program CIR-1.10.k Confer and coordinate with CVAG in efforts to secure state and federal funding sources for preservation and expansion of capacity on State Highway 111 and other important City arterials. Ongoing. Done as part of Capital Improvement Program (CIP) City has been identified to receive $4 million in earmark funding for Highway 111 contingent on passage of the Federal Budget.

Program CIR-1.10.l New streets, which are extensions of existing streets, shall carry the same name for their entire length. Ongoing. As needed for development projects Policy CIR-1.11 Apply Transportation Systems Management (TSM) strategies to intersections and roadway segments as a cost-effective means of optimizing the City's transportation infrastructure. Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.11.a Prepare a preliminary TSM assessment of candidate intersections and roadways, and prioritize projects for application of TSM solutions. Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.11.b As part of the five-year Capital Improvement Program, incorporate TSM projects into other roadway improvements and enhancement projects. Ongoing. Done as part of Capital Improvement Program (CIP) Program CIR-1.11.c Prepare project-specific TSM strategies that take advantage of simply and low-cost solutions first, and optimize the hierarchy of TSM solutions. Ongoing. Incorporated into City's practice 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.

Ongoing. Encouraged during development review process.

Program CIR-1.12.a Locate land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. Complete. General Plan identifies land use. Mixed Use overlay in place to encourage this. As of June 2020, city has a VMT policy-Traffic Engineering Bulletin updated to include the VMT policy.

Program CIR-1.12.b Encourage, and where appropriate require, mixed-use and contiguous commercial development to provide optimum internal connections between uses. Case-by-Case Program CIR-1.12.c New development shall provide pedestrian and bicycle connections to adjacent streets, and assure that infrastructure and amenities accommodate pedestrian and bicycle use. Ongoing and reviewed as part of development project review.

Program CIR-1.12.d Update and facilitate use of the City's home occupation ordinance as a means of reducing the need for travel. Home Occupation ordinance in effect and currently being used.

Program CIR-1.12.e Encourage major employers to evaluate telecommuting opportunities, either home-based or at local centers as well as part- time options for employees. No activity.

Policy CIR-1.13 Coordinate with the Coachella Valley Water District and its consultants regarding its flood control facilities to assure the accommodation of all-weather crossings along critical roadways. Ongoing. Plans for such facilities incorporated within CIP Program CIR-1.13.a Cooperate in the planning and development of all-weather crossings as part of the community's Master Drainage Plan implementation. Ongoing. Incorporated within CIP. Dune Palms Bridge project under construction. Avenue 50 Bridge project is starting the design phase.

Policy CIR-1.14 Private streets shall be developed in accordance with development of all-weather crossings as part of the community's Master Drainage Plan implementation. Ongoing on Case-by-case basis.

Program CIR-1.14.a Private street shall be developed in accordance with development standards set forth in the Municipal Code, relevant Public Works Bulletins and other applicable standards and guidelines. Ongoing. Enforced during development review process. 8 123
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Policy CIR-1.15 Truck routes shall avoid or minimize potential impacts to residential neighborhoods shall be designated and limited to those shown on Exhibit II-5. Ongoing. Truck Route Map enforced, permits need for oversized loads.

Policy CIR-1.16 Continue to implement the Image Corridor treatments throughout the City (See Exhibit II-4) and identify new image corridors for streets brought into the City through annexation. Ongoing and case-by-case. Implemented on a project by project basis Program CIR-1.16.a Standards for all Image Corridor shall be maintained in the City Municipal Code. Ongoing. Projects reviewed for General Plan Consistency by Staff, Planning Commission and Council.Program CIR-1.16.b Where applicable, Image Corridor standards shall be superseded by the Village Design Standards in that land designation. Village Design Guidelines rescinded. Image Corridor standards apply.Program CIR-1.16.c. Secure easements adjacent to public road right-of-way along Image Corridors to enhance view protection and corridor accessibility. Not actively securing easements but setbacks are enforced.

Policy CIR-1.17 In order to preserve the aesthetic values on the City's streets, optimum landscape setbacks shall be maintained along all designated General Plan Image Corridors and shall be identified in the City's Municipal Code. Complete. Currently in LQMC and enforced Policy CIR-1.18 Calle Cadiz, Calle Barcelona and Calle Amigo, in the Village area, shall be allowed to remain at a maximum 50-foot right-of- way. Complete Policy CIR-1.19 The City Engineer shall review individual development proposals located at critical intersections, and shall have the authority to request additional right-of-way if necessary. Case-by-case Policy CIR-1.20 Building height limits along City Image Corridors shall be identified in the City's Municipal Code. CompletePolicy CIR-1.21 Facilitate the design, installation and maintenance of a community locational/directional sign program to efficiently direct traffic to high use areas, including the civic center, parks, SilverRock golf course, Jacqueline Cochran Regional Airport, and other facilities and major attractions and destinations in and around the City.

Complete. Wayfinding signs installed. Further considerations are being evaluated by the City Manager's office.

Policy CIR-1.22
Coordinate and cooperate with the Riverside County Airport Commission (for the Jacqueline Cochran Airport) and the Palm Springs Regional Airport Authority to assure these airports continue to meet the City's existing and future transportation, commercial and emergency response needs.

Complete and Ongoing. Representation by Council and resident representative on airport committees Program 1.22.a Consult and coordinate with the County in updating the Jacqueline Cochran Regional airport Master Plan and encourage the expansion of facilities to accommodate commercial aircraft serving the eastern portions of the Valley. Ongoing. Councilmember sits on the Jacqueline Cochran regional airport authority- JPA.

Goal CIR-2
Policy CIR-2.1
Encourage and cooperate with Sunline Transit Agency on the expansion of routes, facilities, services and ridership especially in congested areas and those with high levels of employment and commercial services, and encourage the use of most energy efficient and least polluting transportation technologies.

Ongoing. Council person on Sunline Board; Done with development projects.

Program CIR-2.1.a Consult and coordinate with Sunline Transit Agency on immediate and long-term transit issues, and assure pro active representation on the Agency Board and its decision making process. Ongoing. Council person on Sunline Board; accomplished during development review of development projects.

Program CIR-2.1.b Initiate consultation and as necessary meet with Sunline staff to identify areas where additional routes and increased levels and types of transit service are warranted by existing and future development. Ongoing. Coordinated through the development review process.

A circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian networks. 9 124
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Program CIR-2.1.c
When reviewing development proposals, consult and coordinate with SunLine and solicit comments and suggestions on how bus stops and other public transit facilities and design concepts, including enhanced handicapped access should be integrated into project designs.

Ongoing. Coordinated through the development review process.

Program CIR-2.1.d When reviewing large-scale development proposals, consult and coordinate with Sunline to encourage the development of rideshare and other alternative, high occupancy transit programs for employers with sufficient numbers of employees. Ongoing. Coordinated through the development review process.

Program CIR-2.1.e
Encourage and proactively support the efforts of SunLine in organizing a Transportation Management Organization (TMO) among employers to provide an on-going information network, develop a rideshare plan, and determine opportunities for transit/shuttle operations.

Ongoing. Information network coordinated by City of La Quinta Human Resources with Sunline for city employees.

Program CIR-2.1.f Encourage SunLine to continue its efforts to utilize the most energy efficient and least polluting transportation technologies, including fuel cells, hybrid and other advanced technologies. Ongoing. Councilperson on Sunline Board has authority to advocate for this program.

Policy CIR-2.2
Encourage reduction of greenhouse has (GHG) emission by reducing vehicle miles traveled and vehicle hours of delay by increasing or encouraging the use of alternative modes and transportation technologies, and implement and manage a hierarchy of Complete Street multimodal transportation infrastructure and programs to deliver improved mobility and reduce GHG emissions.

Complete and ongoing. City has created complete streets and trails, bikability plans. City expanding guidelines/critera of master plan for golf carts on city streets. VMT policy adopted June 2020.

Program CIR-2.2.a
Create an interconnected transportation system that allows a shift in travel from private passenger vehicles to alternative modes, including public transit, golf carts/NEVs, ride-sharing, bicycling, bicycle-sharing, and walking. To the extent practicable apply the following: a. Ensure transportation centers that are multimodal, facilitate changes in travel modes, and are conveniently located. Convenient locations may be in the vicinities of: 1. Washington/Fred Waring/Via Sevilla 2. Miles/Adams 3 Adams/111/47th 4. 47th/Caleo Bay 5. Washington/ Calle Tampico 6. Eisenhower/Avenida Montezuma b. Support SunLine bus routes and service, to include Bus Rapid Transit (BRT) along Highway 111 and along Harrison Avenue. c. Expand golf cart/NEV routes, and bicycle routes to connect residential and activity centers with transportation centers. d. Support and encourage community car-sharing to provide "station cars" and/or golf carts/NEVs for short trips to/from transit centers. e. Include parking spaces for car-share vehicles at convenient locations accessible to public transit. f. Ensure transit stops are safe and sheltered, with adequate seating, lighting, trash receptacles, cleaning and maintenance. g. Implement transit-preferential measures such as transit signal priority and bypass lanes. h. Support "Smart bus"technology, using GPS and electronic displays at transit stops to provide customers with "real-time" arrival and departuretime information. i. Implement bicycle-preferential measures such as deployment of video detection at traffic signals, anddevelopment of bicycle stations at transportation centers. k. Adopt bicycle parking standards that accommodate at least 5% of project parking demand at all public and commercial facilities. l. Conduct bicycle and pedestrian safety educationalprogram to teach drivers, riders, and walkers the laws, riding protocols, routes, safety tips, and "healthy community"benefits.

Ongoing. Working with CVAG and other agencies to implement. Adding bike lane markings during slurry seal projects. City expanding golf cart/NEV routes and bicycle routes to connect residential and activity centers with road and restriping projects. Participating in regional multi-modal path construction projects.

Program CIR-22.b Modify the Zoning Ordinance to encourage integrated, shared and reciprocal parking design and management as a means of better matching parking availability with varying parking demand distributed during the day. Complete. Zoning Ordinance allows shared parking but does not include guidance for reciprocal parking design. Reviewed on a case-by-case basis with design review.

Program CIR-2.2.c
The City's Zoning Ordinance shall be amended to specifically address vehicular and pedestrian interconnection between adjacent commercial properties in order to facilitate access between adjacent or nearby businesses and increase efficiency and safety. Zoning Ordinance amendments shall also address opportunities to provide direct pedestrian access between commercial and adjacent residential development.

Zoning ordinance only provided provisions for connectivity in mixed use overlay projects. However, staff reviews on a case-by-case basis and encourages connectivity where possible.

Program CIR-2.2.d
Promote ridesharing programs that shift demand to the greatest available source of unused travel capacity - empty seats in private vehicles. Require the designation of parking spaces for ride-sharing vehicles at employment and activity centers in conditions of approval.

Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine. 10 125
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Program CIR-2.2.e Adopt a comprehensive parking policy that encourages the use of alternative transportation, including requiring new commercial and retail developments to provide preferred parking for electric vehicles and vehicles using alternative fuels. Building code requires spaces to be marked for Clean Air Vehicles and to be built for electric vehicle charging capacity. City will continue to follow guidance of California Building Code (CBC) in requirements for alternative parking Program CIR-22.f Modify the Zoning Ordinance to incorporate parking space maximums. Complete. Implemented with 2017 Zoning Text Amendments.

Program CIR-22.g Modify the Zoning Ordinance to recognize and provide a parking credit program for developments that provide spaces and facilities for golf carts, NEVs and bicycles. Complete and ongoing. Parking credit program in mixed use overlay develop a credit program for other developments and include in Municipal Code.

Program CIR-2.2.h
During consideration of the Zoning Ordinance updates, explore opportunities for Transit Oriented Development Overlay Zones within one-quarter mile radii of intersections where existing or future bus lines intersect, including at Highway 111/Adams and Highway 111/Harrison Street.

Complete. Mixed Use Overlay adoption in 2016.

Policy CIR-2.3
Develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi-use paths to places of employment, recreation, shopping, schools, and other high activity areas with potential for increased pedestrian, bicycle, golf cart/NEV modes of travel Case-by-case. City coordinates with CVAG for development of the CVLINK and Avenue 48 and Music Line Program CIR-2.3.a
Maintain and periodically update the Circulation element master plan of bikeways, golf cart routes and multi-use paths, and develop or require the development of secure bicycle and golf cart/NEV storage facilities, and other supporting facilities which increase bicycle and golf cart/NEV use.

Ongoing. City recently updated golf cart/NEV map and corresponding municipal code section.

Program CIR-2.3.b
The construction of bikeways shall conform to the Caltrans manual "Planning and Design Criteria for Bikeways in California." Bikeways shall be a minimum of 6 feet in width. Alternative designs required by constraints may be acceptable, as approved by the Public Works Director.

Ongoing. Staff ensures conformance based on new and planned bikeways. Design and construction of bikeways conform to acceptable state and federal standards Program CIR-2.3.c Sidewalks shall be provided on both sides of all arterial, secondary and collector streets, except where there is a multi-use path on one side. Complete. This is the current standard enforced.

Program CIR-2.3.d Golf carts shall be permitted on designated routes, as depicted in Exhibit II-7 and Exhibit II-8, and on all public local streets. Specific street crossings for golf carts from the cove onto collector and arterials shall be designated by the City Engineer. Complete. Signs identify golf cart access on arterial streets with 8 ft bike lanes Policy CIR-2.4 The City shall set an example for the community in the implementation of ridesharing programs and those that encourage the use of alternative modes of travel by City employees. Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine.

Program CIR-2.4.a
To the extent practical, prepare and implement a ridesharing plan for City employees to serve as an example for area employers. This plan should include meaningful incentives for employees to walk, bike, or rideshare to complete their work commutes.

Ongoing. The Human Resources Division coordinates potential ridesharing opportunities for city employees with SunLine. No incentives available. 11 126
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Policy/Program Description Status
Goal SC-1
Policy SC-1.1 Continue to work with the CVWD on water conservation measures. Ongoing. Regular contact with CVWD applications and landscape plans routed to CVWD for plan checkProgram SC-1.1a Review the Landscape Ordinance every two years, and update as necessary to maintain consistency with State and CVWD standards. Complete. Currently the landscape ordinance is in compliance with CVWD and State standards. It is also reported to the state annually.

Program SC-1.1b
Develop joint incentive programs with CVWD for water conservation programs, including landscaping retrofits for individual homes and master planned projects, irrigation improvements and indoor plumbing fixtures. Consider allocating City funds to these incentive programs on a matching basis with CVWD.

No activity.

Policy SC-1.2 Reduce water consumption at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality Element). No activity. Review GHG plan to assure water consumption reduction is consistent.Program SC-1.2a Implement quantifiable water conservation measures at all City facilities. Ongoing. City hall currently implements low flow fixtures in all areas that use water.Program SC-1.2b Consider financial incentives for new development and existing homes and projects as funds allow. Complete and ongoing. Incentives are included in the Mixed Use Zoning OverlayProgram SC-1.2c Aggressively pursue grants and other outside funding sources for City-funded and private sector water conservation improvements. No activity. Policy SC-1.3 Encourage the use of more environmentally friendly storm water management techniques such as bioswales, permeable surfaces and other methods as they are developed, in all new development. Ongoing. Currently the design and development department reviews this in design review or pre application reviewsProgram SC-1.3a The Public Works Department shall prepare and distribute materials on environmentally friendly storm water management techniques for new development. Ongoing. Policy SC-1.4 Reduce Greenhouse Gas emissions at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality element). No activity. Encourage applicants to incorporate energy saving measures, solar planels into developments. Title 24 requires these measures as well.Program SC-1.4a Require all new development proposals to demonstrate consistency with the Greenhouse Gas Reduction Plan. No activity. Program SC-1.4b Revise the Transportation Demand Ordinance to current standards, and implement it with all new qualifying projects. Complete. Included in Zoning Code update 2017Program SC-1.4c Develop programs to encourage and incentivize the installation of energy efficient appliances and fixtures, green roofs, white roofs and solar panels on residential, commercial, institutional and resort buildings. No activity. Since IID is the electricity provider, they have incentives for energy efficiency for buildingsPolicy SC-1.5 All new development shall include resource efficient development principles. Ongoing. Design and Development encourages energy efficiency in design with applications and is required by Title 24.

LIVEABLE COMMUNITY
A community that provides the best possible quality of life for all its residents. 12 127
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Program SC-1.5a All new development shall be constructed to meet or exceed Cal Green Building Codes. Ongoing. The Building Division staff plan checks for developments to meet Title 24 codes. 2022 Cal Green Code adopted.

Program SC-1.5b Amend the Zoning Ordinance to provide incentives and development standard concessions for mixed use or energy efficient design. Complete. PUD ordinance and Mixed Use Overlay was passed to allow for more mixed use projects.Program SC-1.5c New development projects shall include vehicular, pedestrian and bicycle connections to the greatest extent possible, both through the project and connecting adjacent projects. Ongoing. Encouraged during initial submittals and checked via plan check on a project by project basisProgram SC-1.5d New commercial and mixed use projects shall incorporate useable public spaces, and interconnect those public spaces consistent with resource efficient design principles. Ongoing. Encouraged during initial submittals and checked via plan check on a project by project basisPolicy SC-1.6 Expand the City's alternative transportation network.

Ongoing. Planning and Engineering Services consistently working towards expanding alternative transportation network. Currently golf cart and bike routes are marked with special markings to alert residents of interconnecting routes. Prepare for autonomous vehicles and Citywide Active Transportation Plan.

Program SC-1.6a Assess the current gaps in the City's multi-use path and sidewalk system, and program improvements to connect those gaps into the Capital Improvement Program. Ongoing. City Council includes $25,000 in yearly budget for sidewalks including gapsProgram SC-1.6b Encourage existing walled communities to include pedestrian gates and paths to adjacent development to improve connectivity. No activity.Program SC-1.6c Expand the Golf Cart Routes to interconnect throughout the City to the greatest extent possible. Completed. Staff updated the City's Golf Cart Map in late 2020.

Program SC-1.6d Work with SunLine Transit Agency to expand service into La Quinta neighborhoods ahead of demand. Ongoing. Interagency review required during development review process with Sunline to determine where service is neededPolicy SC-1.7 Encourage the retrofitting of existing buildings and projects with resource efficient design principles to the greatest extent possible. Ongoing and case-by-caseProgram 1.7a Amend the Zoning Ordinance to provide incentives for the redevelopment of existing projects to include residential development, pedestrian and other design features. Complete. Planned Unit Development (PUD) ordinance and Mixed Use Overlay was passed to allow for more mixed use projects.Program 1.7b Develop an enhanced program for the processing of entitlements for redevelopment projects which incorporates substantial resource efficient components, or propose conversion to mixed use. No activity. Identify potential code amendments that would allow faster development review process.Program 1.74c Develop a financial incentive program for creative redevelopment of commercial projects into mixed use projects, particularly those that provide added economic development to the City. Complete and Ongoing. PUD ordinance and Mixed Use Overlay was passed to allow for more mixed use projects. Limitations to financial incentives due to loss of redevelopment.Policy SC-1.8 Expand the City's participation in Healthy City programs. Ongoing. Wellness center has programs available for residents. Also work with FIND Food Bank to provide food through Mobile Markets at park/school sites and to senior and low-income apartments.Program SC 1.8a Implement Healthy City principles throughout the community, to the greatest extent feasible.

Ongoing. Maintenance and expansion of bicycle infrastructure. Village Active Transportation improvements currently constructed. City provides guides for trails and City park facilities. City provides reduces rebates for Fritz Burns pool and SilverRock golf course to residents. 13 128
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Program SC 1.8b Coordinate park and trail improvement plans to assure connectivity between parks and the neighborhoods they serve. Ongoing. Public Works Department reviews park and trail plans on a regular basis.

Program SC-1.8c Encourage farmers' markets outside the Village, accessible to all parts of the City. No activity. Community Services Department will work with new certified farmer’s market on other opportunities for locations outside the Village area.Program SC-1.8.d Plan and implement a community garden project at the Civic Center. Monitor its success, and implement at other City parks if successful. Ongoing. Wellness Center has raised garden beds available and is working with the library and other local organizations to find volunteer group to start and maintain a community garden program.Program SC-1.8e Work with Desert Sands and Coachella Valley school districts to improve food selection in lunch programs, exercise programs, and Safe Routes to School programs. No activity. Community Services Department will continue to work with local school districts to find outreach programs/resources with other local agencies. 14 129
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Policy/Programs Description Status
Goal ED-1
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. Complete and Ongoing. General Plan Map adopted with General Plan Update in 2013. City considers proposed changes to General Plan land use map with development projects on a case-by-case basis.

Program ED-1.1.a Use the City's GIS capabilities to annually monitor the remaining capacity of vacant and under-utilized lands to assure that sufficient inventory exists to address market needs. Ongoing. Planning maintains GIS database and coordinates with the City Manager's office on mapping needs.

Program ED-1.1.b
Development proposal review for commercial development shall include consideration of the proposal's compatibility with surrounding existing uses, its efficient and revenue-generating use of the land, and its compatibility with the City's Economic Development Plan Ongoing. Staff, Planning Commission, and Council review development proposals and are required to make findings regarding compatibility with surrounding uses. The City Manager's office analyzes new commercial development proposals. Updating Economic Plan with Strategic Plan.

Policy ED-1.2 Support and assist in the retention of existing businesses, and the recruitment of new businesses.

Ongoing. City Manager's office conducts regular business outreach and marketing assistance. There are limited resources to assist existing and new businesses due to elimination of redevelopment.

Program ED-1.2.a Continue to annually update and implement the City's Economic Development Plan Ongoing. In Process of new Strategic Plan incorporating Economic Development Plan.Program ED-1.2.b Participate, where feasible and justifiable, in public/private partnership or other means for the retention of existing businesses, and the development of new projects which generate significant economic activity.

Ongoing. Public/private partnership occur on a case-by-case basis.

Program ED-1.2.c Focus marketing and publicity efforts on the commercial and resort sectors, as revenue generation sources. Ongoing. City Manager's office coordinates with businesses and resorts on marketing and publicity.

Program ED-1.2.d
Every five years, in the Economic Development Plan, complete an analysis of existing commercial projects to identify under-performing locations, and develop strategies and public/private partnership to improve or redevelop these projects.

Ongoing. Monitoring of existing commercial projects and underperforming locations conducted by City Manager's office.

Program ED-1.2.e
Establish a program to regularly monitor City costs and revenues based on existing development and projected development allowed under the Land Use Map. Consider amendments to the Land Use Map to increase revenue generation potential, based on the cost revenue analysis and sound economic forecasting.

Plan for implementation alongside Strategic Plan.

ECONOMIC DEVELOPMENT
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 15 130
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Program ED-1.2.f Improve and enhance the City's application process for commercial development proposals Complete and Ongoing. Strategic plan to address.

Policy ED-1.3 Encourage the expansion of the Village as a specialty retail, dining, and residential destination.

Ongoing. The City Manager's office markets city owned properties for future development. The City adopted the Village Build Out Plan EIR to streamline environmental review of development projects. The City adopted Village Code amendments that allow for a reduction of on-site parking on a case-by-case basis.

Program ED-1.3.a:

Maintain, in the Zoning Ordinance, standards and guidelines that encourage the development of a pedestrian-friendly, interconnected neighborhoods with a balance of residential and commercial development Complete and Ongoing. A Zoning Consistency Analysis was performed and the Zoning Map has been brought into compliance with the General Plan map. The Zoning Code includes standards for pedestrian friendly interconnected neighborhoods.

Program ED-1.3.b Include the Village in the Mixed Use Overlay in the Zoning Ordinance Complete. Mixed Use Overlay adopted and includes the Village Commercial Zoning District.Program ED-1.3.c Continue to sponsor and support special events in the Village and at the Civic Center, as a means of attracting visitors to the area. Ongoing. The City leads or supports Village events on a regular basis.

Policy ED-1.4 Support and facilitate the reuse and redevelopment of commercial projects on Highway 111 Ongoing. Staff coordinate with the auto dealerships on landscape and signage improvements. The Mixed Use Overlay was adopted that provides opportunities for redevelopment with a combination of commercial and residential. The City conducted and completed a visioning effort for the Highway 111 corridor. Currently implementing Highway 111 Specific Plan.

Program ED-1.4.a As provided in the Land Use Element establish comprehensive standards for Mixed Use development in commercial zones. Complete. A Mixed Use Overlay was adopted in 2016 for all commercial districts.

Program ED-1.4.b
Development proposals for the reuse and redevelopment of existing projects shall be encouraged to implement creative design, include pedestrian access, and facilitate transit and alternative transportation.

Ongoing. Planning staff encourages creative designs, pedestrian access and alternative transportation for all development projects. The Mixed Use Overlay encourages these design elements for potential projects.

Policy Ed-1.5 Projects proposed on commercial land shall be evaluated for their job creating and revenue generating potential. Ongoing. City Manager's office requests fiscal analysis for proposed commercial developments and Staff considers job creating and revenue generation during entitlement findings.

Program ED-1.5.a The City may require the preparation of fiscal impact analyses for commercial projects when deemed appropriate in the application review process. Ongoing. Staff will require fiscal impact analyses when deemed appropriate for commercial projects.

Policy ED-1.6 Assure that all revenues due to the City are collected Ongoing. The Finance Department requires that all revenue due to the City are collected. The Finance Department currently working to ensure residential development projects that require remitting mitigation payment to the City are doing so. 16 131
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Program ED-1.6.a Establish and maintain a comprehensive program to enforce the payment of transient occupancy tax, sales tax, and other fees and licenses to the City. Ongoing. The City ensures collection of payments due to the City. The City has an existing professional contract to ensure homes used for short term rentals are licensed and operate in compliance with the City's short term rental requirements.

Policy ED-1.7
All annexation applications by land owners shall include a fiscal analysis that fully addresses the fiscal impacts of the proposed annexation. Subsequently, all annexation applications shall also include a Development Agreement application or other mechanism that demonstrates how the annexation will be revenue neutral or revenue positive for the City.

Ongoing. This policy will be applied with annexation requests. There are currently no annexation requests and limited inquiries to the City.

Policy ED-.18 Aggressively lobby for the passage of legislation that restores redevelopment funds to local jurisdictions, or provides other equivalent economic development tools Ongoing. The City has an existing contract with a lobbyist consistent with this policy.

Goal ED-2
Policy Ed-2.1 Actively pursue the build out of the SilverRock Resort Ongoing. Purchase and Sale Agreement executed with the SilverRock Development Company for development of the SilverRock Resort. Site Development Permits have been approved for the 140 room Montage hotel, 200 room Pendry hotel, Golf Course Clubhouse, 10 golf villas, 29 Montage branded single-family residential units, 66 Pendry branded condominium units, shared services and meeting facility. Entitlements for Montage and Pendry have been approved. Grading has started and building permits have been approved and vertical construction is underway.

Program ED-2.1.a
Through the City's Economic Development Plan, annually review the land use allocation within SilverRock's Specific Plan to assure that future development meets market need and generates a long term revenue stream for the City.

Ongoing. The City Manager's office reviews the SilverRock Specific Plan annually to assure the development meets market need and generates long-term revenue stream for the City.

Program ED-2.1.b Continue to promote professional and amateur golf tournaments, activities and events that publicize SilverRock in the local, state and national media. Ongoing. The City's Manager's Office marketing team assist to promote golf tournaments and other events on a regular basis.

Policy ED-2.2 Support increased room occupancy at the City's existing hotels and resorts.

Ongoing. The City has created a branding and marketing program to attract tourists and increase hotel room occupancy. The City has also implemented a transit occupancy tax incentive program with the City's hotels.

Program ED-2.2.a Continue to participate in co-op marketing and include the City's resorts and hotels in City-sponsored marketing and advertising efforts. Ongoing. The City engages businesses and resorts in City-sponsored marketing. The City collaborates with Coachella Valley Visitor's Bureau to promote the City of La Quinta as a tourist destination.

Program ED-2-2.b Incorporate short term vacation rentals into the City's transient occupancy tax revenues Complete. The City has implemented a short term vacation rental program and collects transient occupancy tax revenues. Ongoing plans for analysis of TOT rate and ROI for revenues.

Program ED-2.2.c Consider incentive programs for hotel remodeling and refurbishing, tied to increased transient occupancy tax revenue generation in the future. No action.

The continued growth of the tourism and resort industries in the City 17 132
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Policy ED-2.3 Actively pursue the development of additional hotel properties in all economic ranges, to accommodate all segments of the visitor market. Ongoing. Hotel uses are encouraged in commercial districts and in potential land use amendments. 18 133
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Policy/Program Description Status
Goal H-1
Policy H-1.1Program 1.1.a
To address the City’s RHNA allocation for extremely low income households, 15% of units on the City’s land on Highway 111 (site #13) will be assigned to extremely low income households. The City shall negotiate very low income units for all other projects on sites identified in the Vacant Land Inventory (Table II-50) individually to reach the target of 210 units during the planning period.

Highway 111 Specific Plan in progress and will account for lower income RHNA units.Properties being acquired to plan for future housing opportunities along Highway 111 Corridor. Multiple recently purchased properties are actively being prepared for future affordable housing projects, including recently acquired 5 Acre, 6 Acre, and 15 Acre parcels being put forward for noticing as Surplus Land.

Program 1.1.b The City will merge its parcels in the Village (as listed in Table II-51) to facilitate the consolidation of these lots for sale through the Surplus Land Act. Currently noticed as Surplus Land and closed on 03/06/24.Program 1.1c To encourage the development of housing for extremely low, low and special needs residents, the City will develop a program of incentives for the subdivision of larger sites, to include application fee waivers, DIF fee reductions and expedited processing. The City will contact the owners of the three sites listed in Table II-50 and encourage that they subdivide the land and take advantage of the City’s incentive program.

Existing incentives in Municipal Code being advertised as incentive for properties to develop affordable housing and mixed use developments that alleviates challenges such as parking, setback, and density bonuses.

Policy H-1.2Policy H-1.3Policy H-1.4
Goal H-2
Policy H-2.1Program H-2.1.a: Accessory Dwelling Units (ADU) The City will modify its Zoning Ordinance to comply with State law regarding ADUs and JADUs and provide for the reduced parking standards, setbacks and other incentives included in the law. The City shall establish a program to encourage the building of ADUs and JADUs, with a goal of 2 new units per year throughout the planning period, and monitor their development to gauge if they are affordable alternatives for housing. The program will include tracking annual permits, an annual survey of rents in ADUs, and whether any ADUs are accepting housing subsidy or restricting their units to very low or low income households.

Zoning amendments completed October 2022. Tracking program is underway.

HOUSING
Provide housing opportunities that meet the diverse needs of the City’s existing and projected population.Assist in the creation and provision of resources to support housing for lower and moderate income households.

Identify adequate sites to accommodate a range of product types, densities, and prices to address the housing needs of all household types, lifestyles, and income levels. Provide new housing choices by increasing affordable housing supply in higher opportunity areas and throughout the community, and improve housing mobility through encouraging various housing options such as accessory dwelling units and creative housing solutions.Focus housing growth within existing City boundaries until it is necessary to pursue annexation or development in planning areas for affordable housing.Direct new housing development to viable areas where essential public facilities are provided and employment opportunities, educational facilities, and commercial support are available.The City shall promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, source of income, veteran or military status, or other characteristics protected by the California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and any other applicable state and federal fair housing and planning law.Increase housing choices for lower and moderate income households in areas of higher need and throughout the community. Address disproportionate housing needs and alleviate disproportionate cost burdens on lower and moderate income households by providing more affordable housing units. 19 134
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Program H-2.1.b: City-owned
Lots
Aggressively pursue development of the City’s central-city properties (sites 8 and 13) to generate up to 168 units of extremely low, very low and low income units on these parcels. To implement this program, the City will establish a schedule for Requests for Proposals and include incentives. These incentives may include elimination of Development Impact Fees, financial assistance in the form of land contributions, and density bonuses as provided in the Zoning Ordinance. In addition, the City will consider affordable housing for other City-owned lots in the Village when marketing the land for development, including mixed use projects that combine retail and residential uses. Wherever possible, include 15% affordable units in these projects City developing RFP to be issued in Q4 of FY 24/25, will pursue 70%+ affordability with multiple parcels of land acquired to generate up to 300 units of income restricted developments.

Program H-2.1.c: Creative Housing Solutions
In order to expand the variety of housing options for extremely low and low income households in the City, study, research and pursue the amendments to the Zoning Code and subdivision ordinance that would be required to allow creative housing solutions, including “tiny homes,” prefabricated or “kit” homes, shipping container conversions, and other options available in the market as they arise. Present the findings of the research to the Planning Commission and Council for their consideration. This program could generate up to 4 units per year in creative housing solutions.

Not underway yet
Policy H-2.2Program H-2.2.a: Density Bonus Amendments
Revise the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 2345 as it pertains to Density Bonus requirements. Completed October 2022.

Policy H-2.3Program H-2.3.a: Collaborative Partnerships The City shall continue to meet with affordable housing development entities to discuss types of incentives available and requirements for obtaining assistance, discuss appropriate sites for housing for extremely low, low and special needs residents, and foster professional collaboration between the City and affordable housing stakeholders. This program could result in 2 new partnership projects during the planning period.

Working on a project by project basis. Currently working with multiple developers to discuss feasibility of projects on several sites.

Program H-2.3.b: Mixed-Use in the Highway 111 Corridor
In order to take advantage of the high density residential permitted in the Mixed Use overlay, develop a menu of incentives, including reduction in development fees, density bonuses and other provisions for the inclusion of affordable housing units in Mixed Use projects within the Highway 111 Plan area. This program could result in 100 to 300 new units of affordable housing in the Corridor.

The Affordable Housing Overlay currently implemented is sufficient at this time to attract development along the Highway 111 Corridor for key parcels recently purchased by the Housing Authority for future development.

Program H-2.3-c: Affordable Housing Renter-to-Owner Transition There are many resources that the City, nonprofits, or for-profit developers may utilize to subsidize the construction and maintenance of affordable housing. This program, in conjunction with Program H-2.3.a, could result in 2 new partnership projects during the planning period. Some of the most prominent resources are described below.

Completed and periodically updating with information every quarter: www.laquintaca.gov/residents/local-resources/affordable-housing Program H-2.3.d: Sweat Equity and Shared Equity
Continue to work with organizations that offer sweat and shared equity housing programs to lower and moderate income households in La Quinta, with a goal of assisting 2 to 4 households annually. Sweat equity and shared equity programs provide lower and moderate income households with ownership assistance. Sweat equity refers to the exchange of time and effort, usually in the form of construction activities, for an affordable ownership opportunity.

Meeting with various outreach organizations such as Lift to Rise, Habitat for Humanity, CVHC, and property managers of existing affordable housing developments to discuss opportunities to assist residents and future housing projects.

Support public, private, and nonprofit efforts in the development of affordable housing.Pursue a variety of forms of private, local, state, and federal assistance to support development of affordable housing throughout the community. 20 135
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Goal H-3
Policy H-3.1Program H-3.1.a
All properties listed in the Affordable Housing Inventory for extremely low, very low and low income units shall have the Affordable Housing Overlay applied. Further, the AHO text shall be amended to allow 30 units per acre and to allow 3 story development. The analysis that accompanies the Zone text amendment shall demonstrate that the development standards being applied to the AHO, including setbacks, height and parking requirements, allow a density of 30 units per acre. Consistent with Government Code Section 65583.2(h) and (i), the AHO will permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density of 20 units per acre and development standards that permit at least 16 units per site.

Completed October 2022.

Policy H-3.2Policy H-3.3: Priority Water and Sewer Service Route the adopted Housing Element to the CVWD and notify them of changes and future updates to the Housing Element. In compliance with state law, the Coachella Valley Water District (CVWD) must create procedures to provide priority water and sewer service to lower income residential project. The law also prohibits the denial or conditioning the approval of service without adequate findings, and requires future water management plans to identify projected water use for lower income residential development.

Completed-Housing Element sent to CVWD.

Program H-3.3.b: Encourage Lot Consolidation
Although not on the Site’s Inventory, several small lots in the Village Commercial would have improved development potential through lot consolidation. The Village Build Out Plan and Zoning Code amendments have been completed to encourage consolidation. The City continues to market its land in the Village, and will also work with private land owners and developers to assemble larger holding to allow multi-family projects which increase the number of residents in the Village. The City will consider potential incentives including fee deferral or reductions, parking requirement reduction, and relief from various other development standards that could potentially increase the cost of the project, resulting in 1 new project per year.

Ongoing, case by case as city staff reviews projects in the Village. Currently supporting multiple vacant properties for development that are both privately and City owned, will update once developments move forward based on available funding.

Goal H-4
Policy H-4.1Policy H-4.2Policy H-4.3Policy H-4.4
Create a regulatory system that does not unduly constrain the maintenance, improvement, and development of housing affordable to all La Quinta residents.Conserve and improve the quality of existing La Quinta neighborhoods and individual properties, including targeting areas of higher need and concentration of lower income households.

Coordinate the development of affordable housing throughout the community with the provision of key utilities to ensure prompt and adequate service.Remove unnecessary regulatory constraints to enable the construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. Enhance neighborhoods that presently provide affordable housing with drainage, lighting and landscape amenities, and parks and recreation areas, including targeting areas of higher need and concentration of lower income households. Employ government and non-government resources to preserve and revitalize neighborhoods and communities and thereby provide protection against disinvestment-based displacement.Encourage the retention and rehabilitation of existing single-family neighborhoods and mobile home parks that are economically and physically sound.Promote financial and technical assistance to lower and moderate income households for housing maintenance and improvements.Protect the quality of La Quinta's neighborhoods through the rehabilitation of both affordable and market-rate homes. 21 136
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Program H-4.4.a-Housing
Condition Survey & Monitoring
Complete an inventory of housing conditions (updated approximately every five years) to enable the City to properly target Code Compliance and rehabilitation resources. To better understand the City’s housing needs the quality and condition of the housing stock must be inventoried on a regular basis. The inventory should focus on older neighborhoods, such as those south of Calle Tampico, west of Washington Street, and north of Highway 111.

Completed with staff taking appropriate action for internal discussion and preparation of assistance to areas in need of compliance review.

Program H-4.4.b: Habitat for Humanity Residential Rehabilitation Program Complete the Memorandum of Understanding with Habitat for Humanity to implement the “Brush with Kindness” program. The program will be implemented by Habitat volunteers who will donate time for repair and maintenance programs, including yard work, weed abatement, window replacements, roof repairs, and air conditioning repair. Residents will be prioritized to focus on seniors, veterans, the disabled, low and very low income residents, and those in affordably-designated homes. The first-year City contribution will be $40,000, and the annual amounts will be reviewed every year based on the success of the program.

Due to a lack of performance capabilities by local program providers, staff evaluating alternatives with County of Riverside and others.

Program H-4.4.c: County of Riverside Home Repair Grant
Refer code violators and interested parties to the County of Riverside for home repair grants. The County of Riverside Economic Development Agency Home Repair Program provides lower income households with up to $6,000 for home repairs such as a new roof, new air-conditioner, or a handicap ramp. As a jurisdiction in Riverside County, lower income La Quinta households are eligible for this grant.

In discussion with County of Riverside to consider Mobile Home Park residents eligibility.

Program H-4.4.d: Rehabilitation Resources List
Provide a rehabilitation resources list on the affordable housing and code compliance pages of the City’s website. Use the list, in online or printed form, as a reference for code violators. Lower and moderate income homeowners may need assistance in affording important home repairs and improvements. The City can assist these households by compiling and sharing a listing of local, state, and federal programs offering rehabilitation assistance.

Provided at the Affordable Housing webpage.

Goal H-5
Policy 5.1Policy 5.2Program 5.2.a
Collaborate and coordinate with government agencies (e.g. Fair Housing Council of Riverside County) and nonprofit groups (e.g. Habitat for Humanity) to support outreach and expansion of lending programs for homeownership among minority populations. Advertise workshops and webinars held by these organizations on financial resources for homeownership on the City website, under News page and Directory of Services (see Program H-5.2.c). This program could result in homeownership for 5 minority households annually.

Refer all affordable housing residents and property management organizations to these resources.

Program 5.2.b: Fair Housing Referrals
Continue to refer up to 10 tenants and landlords annually to the Fair Housing Council of Riverside County. Provide information on fair housing resources on the City’s website and at City Hall. Identify and coordinate with local nonprofits, service organizations and community groups that can assist in distributing fair housing information. Fair housing organizations provide dispute resolution and legal assistance to tenants and landlords in conflict. Such services are particularly important for lower and moderate income households unable to afford counsel.

Refer all affordable housing residents and property management organizations to these resources.

Program 5.2.c: Directory of Services
Maintain the online directory of services and information to provide La Quinta residents with contact information for community organizations and service providers that address special needs. While numerous services are available to special needs and lower income households, it can be difficult to readily have access to these resources. A directory provides the contact information necessary to seek housing assistance.

Completed and on website.

Provide the regulatory framework to create an environment in which housing opportunities are equal.

Provide equal housing opportunities for all persons.

Encourage and support the enforcement of laws and regulations prohibiting discrimination in lending practices and in the sale or rental of housing. 22 137
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Policy 5.3
Program H-5.3.a: Regional Facilities for the Homeless
Continue to support and collaborate with the Coachella Valley Association of Governments Homelessness Committee efforts to maintain a regional homeless facility that provides housing as well as supportive services. The Strategic Plan created by the Homelessness Committee establishes a continuum of care for the Coachella Valley.

City continues to coordinate with CVAG, Martha's Village and Kitchen, and Coachella Valley Rescue Mission.

Policy 5.4Program H-5.4.a: Low Barrier Navigation Centers Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers. Modify the definition of “homeless shelter” to include this use. Completed October 2022.

Program H-5.4.b: Zoning Amendments for Emergency Shelters, Transitional and Supportive Housing Revise the Zoning Ordinance to require that homeless shelters only be required to provide parking for employees; and that Transitional and Supportive Housing be permitted uses in the Medium, Medium-High and High density residential zones.

Completed October 2022.

Policy 5.5
Goal H-6
Policy H-6.1Policy H-6.2Policy H-6.3Policy H-6.4Policy H-6.5Program H-6.5.a: Going Green La Quinta Program Implement green goals, policies, and programs that accurately represent the City’s direction in resource conservation and minimizing greenhouse gas emissions. Implement design standards for residential and commercial structures that encourage solar protection to directly result in energy conservation.

Ongoing on case by case basis
Program H-6.5.b: Energy Conservation Partners
Continue to meet with and seek insight from utilities, service providers, and other entities involved in energy conservation efforts appropriate for La Quinta. In working toward a sustainable La Quinta, the City and its residents will need to collaborate with utilities and service providers. Partnerships with the Coachella Valley Water District, Imperial Irrigation District, Southern California Gas, Burrtec Waste and Recycling Services, Sunline Transit District, Coachella Valley Association of Governments, Southern California Association of Governments and other entities will be an important component of making La Quinta a more livable city.

Ongoing including staff and council members serving on local board of Energy Conservation committees.

Program H-6.5.c: Energy Efficiency Programs
Investigate all potential energy efficiency programs and provide a list of programs on the City’s Going Green website. In addition to programs that may become available through IID, investigate other opportunities, including state and federal incentives, and promote them on the Going Green website.

Ongoing including staff and council members serving on local board of Energy Conservation committees.

Facilitate housing development and rehabilitation that conserves natural resources and minimizes greenhouse gas emissions. Encourage and enforce green building regulations or incentives that do not serve as constraints to the development or rehabilitation of housing.Focus sustainability efforts on measures and techniques that also assist the occupant in reducing energy costs; therefore reducing housing costs.Use and encourage emerging technologies to reduce high demands for electricity and natural gas including use of passive solar devices and where feasible other renewable energy technologies (e.g., biomass, wind, and geothermal).Encourage support services for the Coachella Valley’s homeless populations through referrals and collaborative efforts with non-profits and other jurisdictions.Assist in the creation of a continuum of care for the homeless population and those transitioning into permanent housing. Improve quality of life for disabled persons by facilitating relief from regulatory requirements that may create barriers to accessible housing and promoting universal design.Promote higher density and compact developments that increase energy efficiency and reduce land consumption.

Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. 23 138
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Program H-6.5.d:

Weatherization Assistance
Encourage low income homeowners or renters to apply for IID and SCG programs, including free energy audits, home weatherization, and utility rebate programs by advertising available programs on the City’s website and at City Hall.

Newsletters periodically sent to eligible neighborhoods and in the City's Items of Interest, the City's website, and social media. 24 139
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Program/Policy Description Status
Goal PR-1
Policy PR-1.1 Expand or modify community services to meet the health, well-being, and recreational needs of the community. Ongoing. Cultural Campus and Fritz Burns Park Master plans have been completed and both projects are in design. Parking lot resurfacing at the top of the cove has been completed as well as Cove Oasis improvements.

Policy PR-1.2 Continue to provide a minimum standard of 5 acres of parkland for every 1,000 residents.

Complete. Not including SilverRock, the City maintains over 236 acres of parks and open space. Current population is 41,000 or 201 acres. Staff to continue to monitor park acreage with new development Program PR-1.2.a Annually review parks and recreational facilities as part of the City's long-range planning. Ongoing. Public Works Department does this monthly and examined as part of the annual budget process.

Program PR-1.2.b
Identify those areas where residents live more than one-half mile from a public or private park, nature preserve, or other recreational area and identify acquirable parcels of land that could be developed into parks within underserved areas.

Complete and Ongoing. 2007 Community Services Master Plan identifies park service radius. North La Quinta and Cove communities are adequately served. Private communities are not directly served and include their own private amenities. There have been no significant population changes since the 2007 Community Services Master Plan.

Policy PR-1.3 Identify all viable financing mechanisms for the funding of construction, maintenance, and operation of parks and recreational facilities. Complete and Ongoing. Public Works Department monitors funds available from Quimby park fees, Art in Public Places funds, and the General Fund.

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. Ongoing. Construction plans reviewed through Engineering and Building permitting Policy PR-1.5 Coordinate with partner agencies and neighboring communities to expand recreational opportunities and access to recreational facilities.

Ongoing. City works with Desert Recreation District, Boys and Girls Club, YMCA, County, Coachella Valley Water District, and youth sports associations to expand recreational opportunities. Coordinated additional trailhead improvements at the top of the Cove with CVWD. Contracted with DRD to provide year-round pool programming and operations. Contracted with Action Park Alliance for year-round X Park programs and operations.

Program PR-1.5.a Continue to work with adjacent cities and the County of Riverside on the Regional Bicycle Trails Master Plan and future regional sports facilities Ongoing. Staff works with CVAG on the regional non-motorized transportation plan and CV Link. Continue Bike lane Striping and pavement management. Coordinate bike lane continuity with adjacent cities. Staff works with CVAG on Avenue 48 Art and Music Line Project currently in design.

PARKS RECREATION TRAILS
A comprehensive system of parks, and recreation facilities and services that meet the active and passive needs of all residents and visitors. 25 140
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Program PR-1.5.b Continue to explore the potential for the joint use of recreational facilities with the Desert Sands and Coachella Valley Unified School District. Complete. The City has a partnership with the Desert Sands Unified School District for joint use of Sports Complex and Paige Middle School fields. City also works with County and DRD for shared events and programs.

Program PR-1.5.c Continue to work with adjacent cities and the Coachella Valley Water District to utilize the Whitewater Channel as an intercity trail opportunity. Ongoing. City and CVAG working together to begin La Quinta portion of CV Link improvements. The connection under the Adams street bridge has already been completed. Dune Palms bridge will accommodate CV Link as well as planning for additional connectors.

Policy PR-1.6 Encourage patterns of development that promote safe pedestrian and bicycle access to schools, public parks, and recreational areas. Ongoing. Pavement Management Plan that is coordinated with our Capital Improvement Program. Planning staff, Planning Commission and Council evaluate development projects to address safe connections.

Policy PR-1.7 Identify opportunities to integrate public health concerns into parks and trails planning. Ongoing. Park and trail planning implementation ensures positive public health outcomes. Replacement of the exercise stations at La Quinta Park is underway.

Policy PR-1.8 Promote a healthy and active lifestyle for all residents. Ongoing. Wellness Center facility and programs promote this policy. Community Resources provides events and programs for healthy and active lifestyles.

Program PR-1.8.a Strive to provide residents with affordable access to fitness facilities such as the public pool, fitness center, and golf course.

Complete. SilverRock golf access available at discounted rate to residents at $55 versus $135 nonresident. Wellness Center fitness facility discounted at $75 for annual membership or $5 daily drop-in rate. Fritz Burns pool discounted at $2 for children and $3 for adults. Community Resources provides events and programs for healthy and active lifestyles. Fritz Burns pool was expanded to year-round operations.

Program PR-1.8.b Promote the consumption of healthy foods by encouraging healthful foods to be sold at concessions in all public buildings and parks. Ongoing. At annual meeting with sports association staff encourages health food options for concession stands. Human Resources provides opportunities and programs for staff and Community Resources provides opportunities and programs for the public.

Program PR-1.8.c Promote and improve public access to farmers markets and grocery stores that sell fresh produce and healthy foods. Complete. Farmer's Market in Old Town initiated by City of La Quinta. Fresh produce and healthy foods available in various stores near Cove and Highway 111. City staff participates with a booth at the Farmers Market. 26 141
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Policy/Program Description Status
Goal AQ-1
Policy AQ-1.1 Coordinate with the South Coast Air Quality Management District to assure compliance with air quality standards. Case by case basis when AQMD Permits are required.

Program AQ-1.1.a Particiapate in monitoring, managing, and eforcing SCAQMD rules for criteria pollutants, TACs, GHGs and all other regional air pollutants of concern. CEQA mitigation measures when required. Dust control plans when grading occurs. Implementation of the City of La Quinta GHG Reduction Plan Policy AQ-1.2 Work to reduce emissions from residential and commercial energy use by encouraging decreased consumption and increased efficiency. Implementation of the 2022 building code Program AQ-1.2.a
Work directly with the major utility providers, including The Gas Company, Imperial Irrigation District and the Coachella Valley Water District to develop incentives and rebates to encourage energy savings, subject to funding availability.

Contact with utilities has been sporadic.

Program AQ-1.2.b Encourage Imperial Irrigation District to diversify and expand the use of alternative energy sources. No activity.Policy AQ-1.3 Work to reduce emissions from mobile sources by encouraging a decrease in the number of vehicle miles traveled. Implementated by following Muni Code Chapter 6.12 Mobile Source Air Pollution Reduction Program AQ-1.3.a Work with Sunline Transit Agency to expand public transportation routes. SunLine is included in project reviews, and provides comments.Program AQ-1.3.b Encourage public and private schools to establish alternative transportation programs for students. No private schools have been developed. Village traffic calming completed.Program AQ-1.3.c Adopt and implement a Transportation Demand Management Ordinace for businesses with 50 or more employees. Fulfilled by Ordinace No. 550. Muni Code Chapter 9.180 "Transportation Demand Management" Program AQ-1.3.d Expand routes for golf carts and other neighborhood electric vehicles and plan for access and recharging facilities at retail, recreational, and community centers. Highway 111 Corridor Plan completed. Includes golf cart access and parking. Potential for golf cart path extensions to include CV Link.

Program AQ-1.3.e Expand pedestrian and bicycle routes and provide safe and convenient access to retail, recreational, and community centers. Highway 111 Corridor Plan completed. Traffic calming in Village completed.

Program AQ-1.3.f
Facilitate mixed use development concepts in specific identified areas of the community to allow the combination of residential and non-residential uses, such as live-work-shop designs, as described in the Land Use Element.

Village Master Plan and EIR complete. Highway 111 Corridor Plan includes mixed use opportunities.

Program AQ-1.3.g Where permitted by the Land Use plan, and where appropriate, encourage high density residential development within walking distance to commerical, educational and recreational opportunities. Highway 111 Corridor Plan completed. Centre @ La Quinta residential project approved next to Walmart. City has purchased properties along Highway 111 Corridor for mixed use development.

AIR QUALITY
A reduction in all air emissions generated within the City. 27 142
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Policy AQ-1.4 Protect people and sites that are especially sensitive to airborne pollutants (sensitive receptors) from polluting point soucres. Case by case basis when CEQA is processed for projects.

Program AQ-1.4.a Uses such as manufacturing, auto body shops, and other point source polluters should be reasonably separated from sensitive receptors. Ordinance 550 modified auto uses and limits them to commercial zones.

Policy AQ-1.5 Ensure all construction activities minimize emissions of all air quality pollutants. All development projects must be in compliance with CEQA requirements.Program AQ-1.5.a All grading and ground distrubance activities shall adhere to established fugitive dust criteria. All development projects must be in compliance with CEQA requirements.Program AQ-1.5.b Fugitive Dust Control Plans shall be reviewed and approved for development projects. All development projects must be in compliance with CEQA requirements and PM-10 rules.Policy AQ-1.6 Proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA. All development projects must be in compliance with CEQA requirements.Policy AQ-1.7 Greenhouse gas emissions associated with a development project shall demonstrate adherence to the City's GHG Reduction Plan. No activity. Enforced through CEQA.

Policy AQ-1.8 The City shall adopt a comprehensive greenhouse gas reduction plan that sets forth reduction targets, timelines, and measures to achieve targets. Adopted with General Plan. Update required.

Program AQ-1.8.a Implement the GHG reduction measures detailed in the GHG Reduction Plan. City has replaced three gas vehicles with all electric vehicles.Program AQ-1.8.b Establish a comprehensive database to maintain an inventory of city government resource use and conservation with interdepartment access. Tyler Asset Management Software to be procured FY23/24 Program AQ-1.8.c
Coordinate with Burrtec to establish and implement programs that divert wastes from landfills, such as the composting of food waste and plant debris and the expanded re-use and recycling of materials, to reduce methane emissions.

Annual reporting per State requirements.
28 143
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Policy/Program Description Status
Goal EM-1
Policy EM-1.1 Strongly encourage conservation of energy sources. case-by-case Program EM-1.1.a Review and amend, as appropriate, Zoning Ordinance procedures and standards to include site orientation, solar control and use of passive heating and cooling techiniques. No activityPolicy EM-1.2 Support the use of alternative energy and the conversion of traditional energy sources to alternative energy. Ongoing.Program EM-1.2.a Encourage installtion of alternative energy devices on new and existing development. Programs may include City-funded incentive programs; matching fund programs with IID, The Gas Company and alternative energy providers, as well as other programs as they become available.

CIP - 201313 - Citywide Preventative Maintenance Plan Improvements - Phase II is meant to install newer systems to more energy efficient resulting in energy cost reductions.

Program EM-1.2.b As funding and applicability allows, incorporate Compressed Natural Gas (CNG), hybird or electric vehicles into the City fleet as vehicles are replaced with a target to complete the converson by 2035. City has procured three all electric vehicles and has installed 2 EV charging stations at the Maintenance and Operations yard to increase electric vehicle usage. Program EM-1.2.c Continue participation in the Sunline Transit Agency, and promote the use of alternative fuel technologies for its buses. Sunline Transit Agency continues to provide public transportation via two service lines, Line 111 and Line 70. All busses are CNG and there is a hydrogen cell bus.Program EM-1.2.d As appropriate, incorporate LED or other energy-efficient lighting in signals and lights throughout the City. Implemented.Program EM-1.2.e Explore opportunities to provide a CNG and other alternate fuel fueling station in the City. City has installed 20 electric vehicle charging stations installed city wide, and is exploring a grant that would allow the installation of additional charging stations.Program EM-1.2.f Implement, as appropriate, energy-efficient improvements in City buildings and facilities using Energy Efficiency Conservation Block Grant or similar funds. CIP - 201313 - Citywide Preventative Maintenance Plan Improvements - Phase II is meant to install newer systems to more energy efficient resulting in energy cost reductions.

Goal EM-2
Policy EM-2.1 Preserve mineral resources identifed by the Department of Mines and Geology to the greatest extend possible. No activity Program EM-2.1.b
Review and amend the Zoning Ordinanace as appropriate to require that mineral extraction occuring in the city be subject to the requirements of the California Surface Mining and Reclamation Act (SMARA), and the City's Zoning procedures.

Section 16.02.010 provides for this

ENERGY AND MINERAL RESOURCES
The sustainable use and management of energy and mineral resources.The conservation and thoughtful management of local mineral deposits to assure the long-term viability of limited resources. 29 144
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Policy/Program Description Status
Goal Bio-1
Policy Bio-1.1 Continue to implement the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Enforced by the City through building permits.

Program Bio-1.1.a Building permits shall not be issued for projects required to pay the MSHCP local development mitigation fee until such time as the fee has been paid to the City. Enforced by the City through building permits. Program Bio-1.1.b For lands identifed by the MSHCP as slated for conservation within the City, the Planning Department will refer land owners and developers to the Coachella Valley Association of Government and/or Coachella Valley Conservation Commission for guidance and permitting assistance.

Ongoing as development projects come in.

Program Bio-1.2.c Prior to the issuance of any ground disturbing permit for fallow lands outside Conservation areas, the City will require a protocol compliant survey for burrowing owl. Enforced through CEQA process.Policy Bio-1.3 Publicly owned conservation lands, including those for the MSHCP, shall be designated as Open Space on the Land Use Map. Currently designated as such. Policy Bio-1.4 Comply with the requirements of the Migratory Bird Treaty Act (MBTA) Enforced through CEQA process.Program Bio-1.4.a Throughout the City, prior to the removal of vegetation on development site between March and August, a qualified biologist shall determine wheter any bird nests or young occur on the site, and if they occur, provide mitigation measures compliant with the MBTA.

Enforced through CEQA process.

Policy Bio-1.5
Comply with the regulatory requirements of the California Department of Fish and Game, the US Army Corps of Engineers, and the Regional Water Quality Control Board as they relate to "waters of the State of California" and/or "waters of the United States." Enforced through CEQA process.

Program Bio-1.5.a Prior to the initiation of any project within any defined blueline stream as identifed on Exhibit III-3, the City will require that consultation and/or permitting by CDFG be demonstrated in writing. Enforced through CEQA process.Policy Bio-1.6 Native desert plant materials should be incorporated into new development project to the greatest extent possible. Invasive, non-native species shall be discouraged. Enforced through landscape plan checks.Policy Bio-1.7 Sensitive habitat areas, including conservation areas for the MSHCP, should be buffered from urban development to the greatest extent possible. Enforced through CEQA process.Program Bio-1.7.a Use zoning standards and the design review process to assure that adequate buffers are provided in environmentally sensitve areas. Enforced through CEQA process.

BIOLOGICAL RESOURCES
The protection and preservation of native and environmentally significant biological resources and their habitats. 30 145
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Policy/Program Description Status
Goal CUL-1
Policy CUL-1.1 All reasonable efforts should be made to identify archaeological and historic resources in the City. Ongoing. Enforced through CEQA process.Program CUL-1.1.a Any development application for a vacant site, or a site previously or currently used for agricultural purposes, shall be accompanied by a Phase I archaeological and/or historic analysis conducted by a qualified archaeologist. Such analysis shall be paid for by the project proponent.

Ongoing. Enforced through CEQA process.

Program CUL-1.1.b City staff will maintain open channels of consultation with local Native American tribes, the Eastern Information Center at the University of California, Riverside, the Historical Society, and the Coachella Valley History Museum. Ongoing. Enforced through CEQA process, SB18 and AB52.Program CUL-1.1c City staff shall maintain a database of known prehistoric resources in the City. No Activity Program CUL-1.1.d The City shall update its historic inventory at a minimum of every 10 years, subject to available funding. Ongoing. Historic inventory completed in 2023.Policy CUL-1.2 Assure that significant identified archaeological and historic resources are protected. Ongoing. Enforced through CEQA process.Program CUL-1.2.a The City will be proactive in the protection of archaeological and historic resource preservation funding, including regional, state and federal funds. No Activity, City is not a Certified Local Government.Program CUL-1.2.b Consider the use of all potential sources of funding for archaeological and historic resource preservation funding, including regional, state and federal funds. No Activity, City is not a Certified Local Government.Program CUL-1.2.c Encourage owners of qualified historic buildings to take advantage of tax credits and other programs for the preservation and restoration of historic structures. Case-by-caseProgram CUL-1.2.d Continue to implement the Historic Preservation Ordinance. Complete and ongoing. Historic preservation ordinance amended in 2016.

Policy CUL-1.3 Educate the public about the City's history and paleontology. Ongoing. The La Quinta Museum hosts historical programs Program CUL-1.3.a Encourage property owners and others to nominate qualified properties to the City's historic inventory. Case-by-caseProgram CUL-1.3.b Continue to support efforts at curation and exhibition of the City's history. Ongoing. Implemented by La Quinta Museum. City sponsors a permanent exhibit of the City's History at City Hall beginning in 2017.Program CUL-1.3.c Consider expanding collections to include paleontological resources. Ongoing. Implemented by La Quinta Museum.Program CUL-1.3.d Encourage the Desert Sands and Coachella Unified School Districts to include local history and tribal history in the community. No ActivityPolicy CUL-1.4 Make all reasonable efforts to identify paleontological resources in the City. Ongoing. Enforced through CEQA process on a case by case basis.

CULTURAL RESOURCES
The protection of significant archaeological, historic, and paleontological resources which occur in the City. 31 146
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Program CUL-1.4.a Any development application for a vacant site located on soils identified as Lake Cahuilla Beds or Pleistocene shall be accompanied by a Phase I paleontogical analysis conducted by a qualified geologist or paleontologist. Ongoing. Enforced through CEQA process.

Program CUL-1.4.b
As part of the geotechnical analysis conducted for grading and building permits, soil borings shall be examined by a qualified geologist or paleontologist to assure that no Pleistone or older soils occur at depth in areas to be excavated. Monitoring shall be required if Pleistone or older soils will be impacted by excavations.

Ongoing. Conditions of Approval will be required for development projects that require soil borings for geotechnical analysis to be examined by qualified geologists or paleontologists.

Policy CUL-1.5 All reasonable efforts should be made to preserve paleontological resources in the City. Ongoing. Enforced through CEQA process.Program CUL-1.5.a Significant paleontological resources identified on a site shall be professionally collected, catalogued and deposited with a recognized repository. Ongoing. Enforced through CEQA process. 32 147
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Policy/Program Description Status
Goal WR-1
Policy WR-1.1 Support the Coachella Valley Water District in its efforts to supply adequate domestic water to residents and businesses. Ongoing. Continue coordination with CVWDProgram WR-1.1.a The City shall continue to implement its Water Efficient Landscaping Ordinance and Building Codes, and update them as needed to meet or exceed State standards for water efficiency and conservation. Ongoing. Water efficient landscape ordinance updated in 2016. Implemented with new or revised landscape plans.Program WR-1.1.b Continue to work with CVWD to implement independent and joint programs, rebates, and discounts that promote water conservation. No activity. No resources available to supplement CVWD rebate programs.Policy WR-1.2 Support the Coachella Valley Water District in its efforts to recharge the aquifer. Ongoing. Continue coordination with CVWDProgram WR-1.2.a Support CVWD's efforts to increase recharge at its La Quinta facility and elsewhere in its district. Ongoing. Continue coordination with CVWDProgram WR-1.2.b Work with CVWD to implement new or improved recharging techniques in golf course and lake design, turf and agricultural irrigation recharging techniques in golf course and lake design, turf and agricultural irrigation methods, and the use of tertiary treated water for irrigation and other uses.

CVWD continues to expand tertiary treatment. Project approvals limit water feature and similar high consumption uses.

Policy WR-1.3 Support the Coachella Valley Water District in its efforts to expand tertiary treated (i.e. reclaimed)water distribution. Ongoing. Continue coordination with CVWDProgram WR-1.3.a Work with CVWD to provide tertiary treated water for future recreational facilities and landscaping irrigation to the greatest extent possible. Ongoing. Continue coordination with CVWDPolicy WR-1.4 Protect stormwater from pollution and encourage its use to recharge the aquifer. Ongoing. City enforces NPDES requirementsProgram WR-1.4.a Implement federal, regional and local standards pertaining to the discharge and treatment of pollutants in surface water for all development projects. Ongoing. City enforces NPDES requirementsProgram WR-1.4.b Coordinate with CVWD in its review of projects which impact drainage channels. Ongoing. Continue coordination with CVWDProgram WR-1.4.c Require on-site retention for new development projects to the greatest extent possible, to provide added recharge of the aquifer. Ongoing. New developments are required to provide on-site retention. Policy WR-1.5 Development within drainage areas and stormwater facilities shall be limited to recreational uses such as golf courses, lakes, sports or play fields and similar uses. Ongoing. Watercourse or open space designation allow only for golf courses, lakes, sports or play fields and similar uses. Policy WR-1.6 Encourage the use of permeable pavements in residential and commercial development projects. Case-by-case. Encouraged when development applications are submitted.

WATER RESOURCES
The efficient use and conservation of the City's water resources. 33 148
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Policy/Program Description Status
Goal OS-1
Policy OS-1.1 Identify and map lands suitable for preservation as passive and active open space. Ongoing. None identified beyond what is shown in GP Land Use Map.Program OS-1.1.a Identify lands suitable for preservation as natural open space on the General Plan Land Use map. Ongoing. None identified beyond what is shown in GP Land Use Map.Program OS-1.1.b Confer with adjoining communities and other responsible agencies to periodically review and update information on regional open space, and to coordinate preservation efforts. Ongoing. Coordinated through CVAGPolicy OS-1.2 Continue to develop a comprehensive multi-purpose trails network to link open space areas. Interactive trail map in place. Participation in CV Link ongoing Program OS-1.2.a Coordinate with, and obtain approval from, local utility providers, including the Coachella Valley Water District, to use flood control and utility easements as a trails network which links open space and recreation areas. Ongoing. CV Link plans under way on CVWD bank.Program OS-1.2.b Explore opportunities for additional trails connectivity adjacent to and along watercourses, irrigation canals, and flood control improvements. Ongoing. CV Link plans under way on CVWD bank.Policy OS-1.3 The City shall encourage community involvement and volunteerism in open space maintenance and improvement as a means to leverage local funds, improve open space and increase public awareness of the City's Open Space areas.

Ongoing. City supports local programs that increase public awareness of the City's Open Space areas and support trail clean up activities.

Goal OS-2
Policy OS-2.1 Unique and valuable biological resources should be preserved as open space, to the greatest extent practical. Ongoing. Implemented through the CEQA process.Policy OS-2.2 Where appropriate, geological hazard zones, including but not limited to earthquake fault lines, areas susceptible to liquefaction, floodways, and unstable slopes should be preserved as open space. Ongoing. Implemented through the CEQA process. Site-specific geotechnical reports required Policy OS-2.3 Encourage the preservation of open space in privately owned development projects. Ongoing. Implemented with individual development applications.Program OS-2.3.a Utilize flexible development standards, density incentives, and/or other means to encourage the provision of open space in new planned developments. Complete. Planned Unit Development entitlements requires Open Space.

Goal OS-3
Policy OS-3.1
To the greatest extent possible, prohibit development on lands designated as open space which are elevated and visually prominent from adjacent developed areas or are located within or in close proximity to areas identified as critical wildlife habitat.

Complete and ongoing. Implemented through the Hillside Preservation Ordinance.

Program OS-3.1.a Continue to implement the Hillside Preservation Ordinance. Ongoing. City legally required to enforce this ordinance.

OPEN SPACE AND CONSERVATION ELEMENT
Preservation, conservation and management of the City's open space lands and scenic resources for enhanced recreational, environmental and economic purposes. Good stewardship of natural open space and preservation of open space areas. Preservation of scenic resources as vital contributions to the City's economic health and overall quality of life. 34 149
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Program OS-3.1.b Minimize the loss of open space resources. Ongoing. Implemented through the CEQA process.

Policy OS-3.2 Any development that is permitted within areas designated as Open Space should minimize grading for structures and access and should be visually subordinate to and compatible with surrounding landscape features. Ongoing. Implemented through Hillside Preservation Ordinance.Policy OS-3.3 Explore and utilize a variety of measures to preserve privately owned properties within hillside and alluvial fan areas, including private covenants, deed restrictions, and land transfers. Ongoing. Implemented through Hillside Preservation Ordinance.Program OS-3.3.a Identify agencies and property owners which hold fee simple title to properties located in hillside and alluvial fan areas, and encourage agreements which assure that such lands remain undeveloped in perpetuity. Ongoing. Implemented through Hillside Preservation Ordinance. 35 150
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Policy/Program Description Status
Goal N-1
Policy N-1.1 Noise standards in the City shall be consistent with the Community Noise and Land Use Compatibility scale described in this Element. Complete. Ordinance No. 550 was adopted on November 15, 2016. The amendment was implemented in order to comply with the General Plan 2035 EIR.Program N-1.1.a Propose to City Council an amendment to the Municipal Code (Section 9.100.210) to allow 65 dBA CNEL for sensitive land uses. Complete. Implemented by Ordinance No, 550.Policy N-1.2 New residential development located adjacent to any roadway identified in Table IV-4 as having a building out noise level in excess of 65 dBA shall continue to be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the Community Noise and Land Use Compatibility scale.

Ongoing. Implemented through the CEQA process.

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.

Ongoing. Implemented through the CEQA process.

Program N-1.3.a Provide accommodation for special events in the public interest, such as concerts and festivals, which may temporarily exceed the maximum allowable decibel level. Ongoing. Enforced through Special Event Permit process. Applied to American Express golf tournament and concerts, etc.Policy N-1.4 All Mixed Use projects shall be required to submit a noise impact analysis in conjunction with the first Planning Department application, which demonstrates compliance with the City's noise standards. Ongoing. Implemented through the CEQA process.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. Ongoing. Implemented through the CEQA process.Policy N-1.6 The City may require remedial noise control plans and/or improvements for areas experiencing noise in excess of adopted City standards. No activity. Not needed at this time. Program N-1.6.a Remedial improvements will be included in the Capital Improvement Program. No activityPolicy N-1.7 Noise impact analysis shall be included in all City Capital Improvement Plan (CIP) and developer-required roadway widening projects to demonstrate compliance with City noise standards. Ongoing. Implemented through CEQA process.Policy N-1.8 Maintain a truck route plan restricting truck travel to arterial roadways. Ongoing. Enforced by Engineering Division NOISE
A healthful noise environment which complements the City's residential and resort character. 36 151
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Policy/Program Description Status
Goal GEO-1
Policy GEO-1.1 The City shall maintain and periodically update an information database and maps that identify local and regional geologic and seismic conditions. The Building Division relies on the California Building Code and ASCE 7 for local and regional geologic and seismic conditions (Reference “ASCE 7 Hazard Tool”)Program GEO-1.1.a The City shall periodically confer with the California Division of Mines and Geology, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the database. No activityPolicy GEO-1.2 The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechinical hazards described in this Element, prepare detailed geotechnical analyses that include mitigation measues that minimize such hazards.

Ongoing. Implemented through the CEQA process, by Building Codes and Public Works Dept. review.

Policy GEO-1.3 The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. Ongoing. Implemented through the CEQA process, by Building Codes and Public Works Dept. review.Program GEO-1.3.a The Building and Safety Department shall review and determine the adequacy of soils and/or other geotechnical studies conducted for proposed projects and enforce the implementation of mitigation measures. Building Division reviews geotechnical reports in relation to structures per the most current version of the California Building Code.Policy GEO-1.4 The City shall require that all new structures be built in accordance with the latest adopted version of the Building Code. Ongoing. Enforced by Building Division.Policy GEO-1.5 The City shall continue to require that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use, according to law. Ongoing, Case-by-case.Policy GEO-1.6 The City shall coordinate and cooperate with public and quasi-public agencies to ensure that major utilities continue to be functional in the event of a major earthquake. Ongoing. Enforced through EOP.Program GEO-1.6.a The City shall maintain working relationships and strategies between the Public Works Department, utility providers, and other appropriate agencies to strengthen or relocate utility facilities and take other appropriate measures to safeguard major utility distribution systems.

Ongoing. Enforced through EOP.

SOILS AND GEOLOGY
Protection of the residents' health and safety and of their property, from geologic and seismic hazards. 37 152
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Policy/Program Description Status
GOAL FH-1
Policy FH-1.1 The City shall monitor and update its 2009 Master Drainage Plan every 5 years, or as needed, to reflect changes in local and regional drainage and flood conditions. Public Works currently monitors Policy FH-1.2 The City shall coordinate efforts to update floodplain mapping in all areas of the City, particularly those where potential flood impacts are not yet known. Public Works currently monitors, recently updated maps in General Plan.Program FH-1.2.a The City shall coordinate and cooperate with CVWD in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary. Implemented as development applications are submitted. Policy FH-1.3 The City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. Implemented as development applications are submitted.Program FH-1.3.a New development shall continue to be required to construct on-site retention/detention basins and other necessary stormwater management facilities that are capable of managing 100-year stormwater flows. Implemented as development applications are submitted. Policy FH-1.4 The City shall coordinate with CVWD regarding the implementation of measures which protect bridge crossings from the scouring and erosive effects of flooding. Continued coordination with CVWD. Program FH-1.4.a The Public Works Department will work with CVWD to inspect bridge crossings for scour damage during and after significant flooding events. Continued coordination with CVWD.Program FH-1.4.b The City shall coordinate with the appropriate state agencies to participate in the state’s bridge scour inventory and evaluation program. Public Works currently monitors Policy FH-1.5 The City shall coordinate with CVWD to minimize the potential for the occurrence of inundation from levee or water tank failure, including seismically induced inundation. Continued coordination with CVWD.

Program FH-1.5.a
The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural safety of the levees around Lake Cahuilla and along the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel.

Continued coordination with CVWD.

Program FH-1.5.b
The City shall annually request a status update from the Coachella Valley Water District of their monitoring of the structural integrity of above-ground water tanks and reservoirs, and where needed, the implementation of bracing techniques to minimize potential structural damage and/or failure.

Continued coordination with CVWD.

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

Ongoing, reviewed with development projects.

Policy FH-1.7 New critical facilities shall not be constructed within the boundaries of the 100-year flood plain. Village Master Plan of Drainage updated in 2016-2017.

FLOODING AND HYDROLOGY
Protection of the health, safety and welfare of the community from flooding and hydrological hazards. 38 153
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Policy FH-1.8 Development within drainage areas and stormwater facilities shall be limited to recreational uses such as golf courses, lakes, sports or play fields, and similar uses. Watercourse or open space designation allow only for golf courses, lakes, sports or play fields and similar uses.

Policy FH-1.9 The City shall periodically monitor and update, as needed, evacuation routes to ensure safe ingress and egress for residents and emergency vehicles in the Cove and southern neighborhoods in the event of a major flood. Implemented by Emergency Operations PlanProgram FH-1.9.a The City shall provide maps and other information concerning evacuation routes to residents of the Cove, Riverside County Fire Department, Sheriff’s Department and other appropriate agencies. Ongoing. 39 154
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Policy/Program Description Status
GOAL HAZ-1
Policy HAZ-1.1 The storage, transport, use and disposal of hazardous materials shall comply with all City, County, State and federal standards. Ongoing. Burrtec Waste & Recycling Services provides an e-waste disposal program and the Riverside County 24-hour hotline provides the LQ residents with proper disposal facilities. Program HAZ-1.1.a Continue to coordinate with all appropriate agencies to assure that local, State and federal regulations are enforced. Ongoing. Coordinated through fire departmentProgram HAZ-1.1.b Development plans for projects which may store, use or transport hazardous materials shall continue to be routed to the Fire Department and the Department of Environmental Health for review. Ongoing. Implemented through the CEQA process.Program HAZ-1.1.c The City’s Emergency Services Division shall maintain a comprehensive inventory of all hazardous waste sites within the City, including underground fuel storage tanks. City and County of Riverside Environmental Health Hazardous Waste division keeps inventory. Policy HAZ-1.2 To the extent empowered, the City shall regulate the generation, delivery, use and storage of hazardous materials. Ongoing. Implemented through Fire & Police, County Environmental Health. County of Riverside Environmental Health Hazardous Waste division keeps inventory for City. Regulation happens at initial permitting process only, but not on regular basis.

Program HAZ-1.2.a All facilities which produce, utilize, store or transport hazardous materials shall be constructed in strict conformance with all applicable Building and Fire Codes. Ongoing. Implemented through building plan checksPolicy HAZ-1.3 Support Household Hazardous Waste disposal. Ongoing. coordinate with burrtec Program HAZ-1.3.a Continue to work with the County to assure regular household hazardous waste disposal events are held in and around the City. Regular events scheduled in cooperation with Burrtec, CVAG. Program HAZ-1.3.b Educate the City’s residents on the proper disposal of household hazardous waste through the City’s newsletter and by providing educational materials at City Hall. Ongoing. Burrtec provides an e-waste disposal program and the Riverside County 24- hour hotline provides La Quinta residents with proper disposal facilities.

HAZARDOUS MATERIALS
Protection of residents from the potential impacts of hazardous and toxic materials. 40 155
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Policy/Program Description Status
GOAL FIRE-1
Policy FIRE-1.1 The City shall minimize the exposure of the community and its property to the impacts of wildland and structural fires. Ongoing.

Program FIRE-1.1.a
The City shall require and enforce active vegetation management in the open space areas and urban areas. The City shall coordinate with the Fire Department and Homeowner Associations to ensure adequate maintenance of landscape and open areas and minimize potential fire hazard from overly dry or dead vegetation and debris.

Ongoing. Code enforcement has an active weed abatement program.

Program FIRE-1.2.a
The City shall require future development in the vicinity of Moderate or Very High Fire Hazard Severity Zones to comply with Riverside County Fire Department safety recommendations for fuel modification plans and clearance/defensible space around property.

Ongoing with review of development applications.

Program FIRE-1.3.a The City shall adhere to the guidelines set forth in the County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan and the City’s Local Hazard Mitigation Plan. Ongoing.

Program FIRE-1.4.a
Through the City’s existing partnership with HERO and Ygrene, the City shall disseminate information on use of metal or tile roofing, minimum of dual-pane windows, and fire retardant materials that reduce potential risk and damage in a fire event.

Ongoing.
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Fire Hazards
Protection of the community and its property from the unreasonable risk of wildfire. 41 156 CLICK HERE to Return to Agenda
Policy/Program Description Status
GOAL CLI-1
Policy CLI-1.1 The City shall identify and assess population vulnerabilities to the impacts of climate change and related hazards in the City. Ongoing, planned completion with 2028 LHMP.

Program CLI-1.1.a
The City shall incorporate a full vulnerability assessment in its next update of the Local Hazard Mitigation Plan (LHMP) according to Phase 2 of the California Adaptation Planning Guide. Information should be gathered during annual monitoring and update of the LHMP in this five year cycle.

Ongoing, planned completion with 2028 LHMP.

Program CLI-1.1.b The City shall review and circulate findings of the vulnerability assessment with applicable City departments to carry out necessary actions to protect the vulnerable populations, assets, and functions. Ongoing during LHMP preparation and subsequent updates.

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

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

Ongoing with development review process.

Policy CLI-1.3 The City shall conduct effective communication on climate change adaptation to reach all segments of the community and encourage active participation at all levels. Ongoing Program CLI-1.3.a
Consider disseminating current information and/or key updates on climate change adaptation on the City website such as under Local Resources, during the annual community workshop, and other local events including farmer’s market.

Ongoing
Program CLI-1.3.b Ensure a sound and effective emergency communication system as planned in the LHMP and Emergency Operations Plan, and consider new media streams such as widely used mobile applications by the community.

Ongoing, City uses text platform such as Nixle to disseminate information regarding emergencies.

CLIMATE CHANGE
Protection of the health, safety and welfare of the community through building adaptation and resiliency to climate change. 42 157 CLICK HERE to Return to Agenda
Policy/Program Description Status
GOAL ES-1
Policy ES-1.1 The City shall continue to work with the Riverside County Fire Department to accurately forecast future needs and provide adequate and timely expansion of services and facilities based on service capabilities and response times. Ongoing. Fire Department participates in project review with City staff for development projects. Program ES-1.1.a Maintain the Fire Facilities component of the City’s Development Impact Fee to assure that new development pays its fair share of future fire stations. Ongoing. Currently enforced.

Policy ES-1.2 New development proposals shall continue to be routed to the Fire Department to assure that project access and design provide for maximum fire and life safety. Ongoing. Fire Department participates in project review.Policy ES-1.3 The City shall continue to work with the Fire Department to maintain or improve the current ISO rating in order to reduce insurance premiums for City residents and businesses. Fire Department coordinates fire rating with ISO, based on facilities and response times.Policy ES- 1.4 The City shall coordinate with adjacent jurisdictions to consider joint funding of fire facilities based upon service area. Complete and ongoing. Existing reciprocal agreements in placePolicy ES-1.5 The City shall continue to work with the Riverside County Sheriff’s Department to accurately forecast future needs and provide adequate and timely expansion of services and facilities. Ongoing. City does this on an annual basis and with new development proposals.Policy ES-1.6 New development proposals shall continue to be routed to the Police Department to assure that project access and design provide for defensible space and maximum crime prevention while maintaining City design standards and codes.

Ongoing. Police Department participates in project review.

Policy ES-1.7 The City shall coordinate with the Sheriff’s Department to assure that community-based policing and community programs that encourage resident participation are implemented to the greatest extent possible. Ongoing. Part of contract review with sheriff. A community service officer is contracted for this purpose.Policy ES-1.8 The City should maintain an emergency response program consistent with State law, and coordinate with surrounding cities, Riverside County and other emergency service providers. Ongoing. Enforced by the EOC, quarterly Operational Area Planning Committee Meetings, and bi-monthly Riverside County Emergency Managers Association meetings.Program ES-1.8.a Periodically review and update the Emergency Operations Plan to address the City’s growth in population and built environment, as well as new emergency response techniques. Ongoing. Implemented by Public Safety Department.Program ES-1.8.b Coordinate all emergency preparedness and response plans with neighboring cities, the County of Riverside, local health care providers and utility purveyors, and the California Emergency Management Agency (CalEMA). Ongoing, City coordinates with Cal OES now instead of CalEMA. Enforced by the EOC, quarterly Operational Area Planning Committee Meetings, and bi-monthly Riverside County Emergency Managers Association meetings. Program ES-1.8.c Continue coordinated training for City Emergency Response Team members, Community Emergency Response Team (CERT) volunteers, and related response agency personnel. Ongoing. Continued training at City. The basic 20 hour FEMA CERT training course is offered year round thru County of Riverside Emergency Management Dept.

EMERGENCY SERVICES
An effective and comprehensive response to all emergency service needs. 43 158
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Policy ES-1.9 Critical facilities, such as police and fire stations, hospitals and clinics, schools and utility substations, should be sited away from identified hazard areas. Complete. General Plan Land Use Map implements this.

Program ES-1.9.a Review and amend, as appropriate, development regulations to ensure critical facilities are not located in an area identified in the General Plan as a hazard area. Case-by-casePolicy ES-1.10 The City should provide education programs and literature to its residents, business people and property owners on earthquake preparedness, fire safety, flooding hazards and other emergencies. Ongoing. Public Safety Department is responsible for this.Program ES-1.10.a Maintain and distribute emergency preparedness information and handouts at City Hall, the Senior Center and Library, and at community events. Additionally, the City’s website and other media resources shall be utilized to inform and educate residents and business owners on emergency preparedness matters.

Ongoing. Public Safety Department provides information and training to the public.

Program ES-1.10.b
The Emergency Services Division will continue to coordinate city-wide emergency response exercises as appropriate, as well as training programs for City staff and Community Emergency Response Team (CERT) volunteers, and will publicize training sessions to City residents and business owners.

Ongoing. Continued training at City. The basic 20 hour FEMA CERT training course is offered year round thru County of Riverside Emergency Management Dept. 44 159
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Policy/Program Description Status
GOAL UTL-1 Domestic water facilities and services which adequately serve the existing and long-term needs of the City.

Policy UTL-1.1 The City should coordinate with the Coachella Valley Water District to assure that sufficient water supplies are available to sustain current and future development. Ongoing. CVWD participates in project review.Program UTL-1.1.a Work with the Coachella Valley Water District to expand the availability of tertiary treated water, non-potable canal water, and encourage its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas.

Ongoing. CVWD continues to expand tertiary treatment. Project approvals limit water features and similar high consumption uses.

Program UTL-1.1.b
Continue to work with CVWD on water conservation programs (such as landscaping conversion and smart irrigation control) to reduce domestic water use, which will result in the need for fewer domestic water facilities and services to adequately serve the existing and long-term needs of the City.

Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses.

Policy UTL-1.2 The City should encourage the conservation of water.

Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses.

Program UTL-1.2.a Develop programs, both in conjunction with the Coachella Valley Water District and independently, to allow and encourage the retrofitting of existing water-intensive appliances and irrigation systems in existing development. No Activity. Limited resources to support these programs.Program UTL-1.2.b City and private sector development projects shall implement water efficient landscaping plans which meet or exceed current water efficiency standards. Ongoing. Water efficient landscaping ordinance; building code requirements. All landscape plans must be approved by CVWD. Water efficiency certification is required of landscape businesses.Policy UTL-1.3 New development shall reduce its projected water consumption rates over “business-as-usual” consumption rates. Ongoing. Water efficient landscape ordinance requires water efficiency.Policy UTL-1.4 Review and amend Development Standards to require that all new development demonstrate a reduction of domestic water consumption equivalent to, or exceeding, the CalGreen Tier One standards in effect at the time of development.

Ongoing. Water efficient landscape ordinance requires water efficiency.

GOAL UTL-2 Sanitary sewer facilities and services which adequately serve the existing and long-term needs of the City.

Policy UTL-2.1 All new development should be required to connect to sanitary sewer service. Ongoing. This is a requirement.Program UTL-2.1.a Review and amend Development Standards and Review Procedures to ensure coordination with the Coachella Valley Water District and assurance that existing sewer service along with the extension of sewer service is capable of meeting the needs of current and forecasted development.

Ongoing. All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system.

WATER, SEWER, & UTILITIES
45 160
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Policy UTL-2.2 Septic systems for the treatment of sewage should be replaced with sanitary sewer service throughout the City.

All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system. Continued coordination with CVWD regarding status of septic tanks.

Program UTL-2.2.a Coordinate with the Coachella Valley Water District and encourage the elimination of septic systems where they occur within the City. All new projects located in proximity to sewer are required to connect or expand sewer systems in order to be part of the exisiting sewer system. Continued coordination with CVWD regarding status of septic tanks. 46 161
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Policy/Program Description Status
GOAL PF-1
Policy PF-1.1 The City shall expand or modify municipal services to meet the needs of the community. Ongoing. Annually with City Budget.Policy PF-1.2 Periodically evaluate the demand for municipal services and facilities, and include construction and expansion of these facilities to assure timely completion. Ongoing. Implemented through DIF and CIP. Annually with City BudgetProgram PF-1.2.a The City will annually review municipal facilities as part of its Capital Improvement Program planning. Ongoing. CIP updated annually.Policy PF-1.3 The City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities. Ongoing. Implemented for each CIP project.Program PF-1.3.a The Development Impact Fee program shall be monitored regularly to assure it is providing current and effective funding contributions to the City. Ongoing. DIF update scheduled for this year.Policy PF-1.4 The design and construction of municipal facilities shall comply with all the processes and development standards that apply to privately constructed facilities. Ongoing. Implemented as projects are constructed.Policy PF-1.5 The City shall continue to coordinate with the County of Riverside to assure that library facilities and services are expanded as demand warrants. Ongoing. Community Resources Department regularly coordinates with the library.Policy PF-1.6 The City shall coordinate with the Desert Sands and Coachella Valley Unified School Districts and encourage the Districts to plan for and construct new schools to meet demand. Ongoing. Community Resources coordinates with school districts.Program PF-1.6.a Development proposals will continue to be routed to the appropriate District for review and comment early in the planning and entitlement process. Ongoing. School Districts are provided project plans and opportunity to comment.Program PF-1.6.b The City shall continue to support the payment of school impact fees by all eligible new development projects. Ongoing. School fees must be paid prior to building permit issuance.Program PF-1.6.c The City shall modify the Land Use Map to show new school facilities as Major Community Facilities as new schools are developed. Ongoing. Included in Land Use Map.Policy PF-1.7 The City shall continue to explore the potential for the joint purchase or use of recreational facilities with the Desert Sands and Coachella Valley Unified School Districts, as well as the Coachella Valley Recreation and Park District.

Ongoing.

PUBLIC FACILITIES
Public facilities and services that are available, adequate and convenient to all City residents. 47 162
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CITY OF LA QUINTA - HOUSING ELEMENT ANNUAL PROGRESS REPORT 2023 CALENDAR YEAR
The Housing Element Annual Progress Report (APR) was prepared to identify the City’s progress in satisfying its share of the regional housing needs and Housing Element programs. This report was prepared to be consistent with the guidelines by the State Department of Housing and Community Development (HCD). The APR includes the following information:

1. Housing Development Applications Submitted (Table 1) a. Includes data on housing units and developments for which an application was submitted and deemed complete during the 2023 Calendar Year; b. Applications are for discretionary entitlements or building permits.

Table 1
2023 Housing Development Applications Submitted
New Building
Construction Plan
Applications
New Entitlement
Project
Applications*
Single Family
Detached 7 64
Single Family
Attached 0 20
2-4 Units 0 5
5+ Units 0 0
Mobile Homes 0 0
Total Number of
Units
7 89
*Entitlement project applications received in 2023 include the following:

1. McQuaid Studio – 5 units

2. Andalusia – 64 units

3. The Fountains of La Quinta – 20 units

2. Annual Building Activity Report Summary (Table 2)
a. Includes data for very low, low, moderate and above moderate-income housing and mixed-income projects;
b. Includes data on net new housing units and developments that have received an entitlement, building permit, or certificate of occupancy during the 2023 Calendar Year.

ATTACHMENT 3
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Table 2
2023 Annual Building Activity Report Summary
Very Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
Total
Number of
Units
Single Family
Detached 0 0 0 257 257
Single Family
Attached 0 0 0 0 0
2-4 Units 0 0 0 0 0
5+ Units 0 0 0 56 56
Mobile Homes 0 0 0 0 0
Accessory
Dwelling Units
0 0 0 5 5
Total Number
of Units
0 0 0 318 318

3. Regional Housing Needs Allocation Progress (Table 3) a. Provides a summary of permitting activity in the current planning cycle (2022- 2029);
b. Includes permitting activity, by affordability, for the 2023 Calendar Year.

The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned La Quinta a share of the region’s new housing units that should be constructed in the 2022-2029 planning period to satisfy regional housing needs. SCAG determined the City’s share of RHNA to be 1,530 units.

Table 3
City’s Progress in Meeting its Share of RHNA for Period 2022-2029 Reporting
Year
Very Low Low Moderate Above
Moderate
Total
2021
(October
through
December)
0 0 0 66 66
2022 0 0 0 526 526
2023 0 0 0 318 318
Total Units 0 0 0 910 910
Projected
Need (RHNA) 420 269 297 544 1,530
Remaining
Need 420 269 297 0 986
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4. Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net Loss Law
a. Includes information regarding a shortfall of housing sites identified in the housing element, an unaccommodated need of sites or identification of additional sites or is identifying additional sites required by No Net Loss law pursuant to Government Code Section 65863;
b. There is no shortfall of sites identified in the Housing Element. An amendment to the Housing Element was reviewed and approved by HCD in February 2024 which added three sites to the inventory. These have already been reported to HCD and since there is no pending net loss, there is no need to identify sites in this report.

5. Program implementation Status
a. Includes status/progress of housing element program and policy implementation; b. This information is included in Attachment 2.

6. Commercial Development Bonus Approved
a. Pertains to commercial development that has agreed to contribute affordable housing through a joint project or two separate projects encompassing affordable housing where a development bonus has been implemented through an agreement with the City;
b. The City does not have any projects in this category to report for Calendar Year 2023.

7. Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites (Optional report)
a. May be used to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, if any;
b. The City does not have any projects in this category to report for Calendar Year 2023.

8. Multifamily Units Converted to Moderate Income
a. May be used to report multifamily units that have been converted to deed restricted moderate income housing to receive RHNA credit. b. The City does not have any projects in this category to report for Calendar Year 2023.

9. Locally Owned Lands from the Housing Element Sites Inventory a. Cities are required to include a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year;
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b. The City has no such sites.

10. Locally Owned Surplus Sites
a. Cities are required to create an inventory of surplus lands and all lands in excess of its foreseeable needs, if any, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the city that the city or any of its departments, agencies, or authorities owns or controls;
b. Four parcels at La Fonda and Desert Club Drive are included on the surplus land inventory.

11. Lot Splits Applied For or Units Constructed (SB9)
a. Cities are required to report how many units were approved, permitted or constructed pursuant to SB9 (2021) which requires the city to ministerially approve either or both of the following:
i. A housing development of no more than two units (duplex) in a singlefamily zone. ii. The subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split), as specified.
b. The City has no such units to report for Calendar Year 2023.

12. Student Housing Development with a Density Bonus Approved a. Student housing developments meeting the following requirements are to be reported:
i. Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:

1. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.

2. The applicable 20-percent units will be used for lower income students.

3. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 166 CLICK HERE to Return to Agenda
percent of the area median income for a single-room occupancy unit type.

4. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
b. The City has no such units to report for Calendar Year 2023.

13. Local Early Action Planning (LEAP) Reporting
a. Recipients of LEAP grants shall annually report on the status of proposed uses on those funds;
b. A breakdown and status of those funds are as follows:
i. Housing Element Update Consultation ($70,000) – Task Complete; ii. Rezoning/Upzoning Analysis ($40,000) – Task Currently Ongoing; iii. Sample Site Planning Affordable Housing ($40,000) – Task Currently Ongoing.
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150
Table II-50
Vacant Land Inventory
Map
Key APN Acres Existing GP Existing
Zoning
Projected
Density
Projected
Yield
Very Low, Low and Moderate Income Sites
1 646-070-016 13.84 MHDR RMH
(AHO) 20 280
2*
770156007 0.23 VC VC 14 4
770156010 0.39 VC VC 14 5
770181009 0.36 VC VC 14 5
3 (City
Owned)
773078005 0.11 MC/VC MC/VC 14 1
773078006 0.11 MC/VC MC/VC 14 1
773078007 0.11 MC/VC MC/VC 14 1
773078016 0.12 MC/VC MC/VC 14 2
773078017 0.12 MC/VC MC/VC 14 2
773078034 1.11 MC/VC MC/VC 14 15
4 77004012 7.6 MHDR RMH 9 64
5 (City
Owned) 600030018 5.1 CG CR(AHO) 36 180
6** 609051002 4.78 MHDR RM 12 57
7 604-032-042 1.88 MHDR RMH 12 22
8 (City
Owned) 600-030-010 2.72 of 11.29
MHDR RMH 19 52
9 600-390-024 15.14 CG CP/CR 18 273
10*
600080001 0.19 MHDR RM 10 2
600080002 0.19 MHDR RM 10 2
600080003 0.19 MHDR RM 10 2
600080004 0.19 MHDR RM 10 2
600080005 0.19 MHDR RM 10 2
600080006 0.19 MHDR RM 10 2
600080007 0.19 MHDR RM 10 2
600080008 0.19 MHDR RM 10 2
600080009 0.21 MHDR RM 10 2
600080041 2.4 MHDR RM 10 24
11 643-020-025 4.81 CG CR 26 126
12* 600340050 4.46 MHDR RM 8 36
600340051 13.01 MHDR RM 8 104
13 (City
Owned) 600-020-057 6.42 CG CR 18 116
Total Very Low, Low and Moderate Income Sites 1,373
*Moderate income site
**Site 6, listed above in this inventory of sites, is the "substitute" Site 6 considered and approved by the La Quinta City Council during its November 21, 2023, public hearing on General Plan Amendment 2022-0002 related to the La Quinta Village Apartments project; Applicant: Irwin Partners Architects
ATTACHMENT 4
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151
Table II-50
Vacant Land Inventory
Map
Key APN Acres Existing GP Existing
Zoning
Projected
Density
Projected
Yield
Above Moderate Income
Sites Acres Existing GP Existing
Zoning
Projected
Density
Projected
Yield
15 Various 40.76 LDR/OS-R RVL/PR 3 90
16 Various 37.43 LDR RL/PR 3 60
17 Various 29.56 LDR RL 3 94
18 Various 20.72 LDR RL 3 57
19 Various 33.07 LDR RL 3 85
20 Various 28.76 LDR RL 3 70
Total Above Moderate Sites 456
Total All Sites 1,829
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT

SERVICES WITH IN-SITE LANDSCAPE ARCHITECTURE TO PROVIDE ADDITIONAL

ENGINEERING DESIGN AND ELECTRICAL LOCATING SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02

RECOMMENDATION
Approve Amendment No. 3 to the Agreement for Contract Services with IN-SITE Landscape Architecture to provide additional engineering design to prepare a water quality management plan, expanded parking lot design, and electrical locating services for the Fritz Burns Park Improvements Project No. 2021-02; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
• Fritz Burns Park (Park) is located on the corner of Avenue 52 and Avenida Bermudas (Attachment 1) and currently contains:
o Swimming pool
o Children's play area
o Picnic tables and benches
o Restrooms
o 4 tennis courts
o 16 pickleball courts
o Skate park
o Dog park
o Parking lot and off-street
parking
• The La Quinta community identified additional amenities at the Park as a priority during the 2021 annual Community Workshop.
• A Draft Master Plan was prepared, and community outreach was conducted for the Fritz Burns Park Improvements Project (Project).
• On September 19, 2023, Council approved the Fritz Burns Park Master Plan (Master Plan), authorized the design phase, and approved Amendment No. 2 with In-site Landscape Architecture (IN-SITE) to provide engineering design services for the Project.
• The proposed Amendment No. 3 includes additional engineering design to prepare a water quality management plan (WQMP), expanded parking lot design, and provide existing electrical locating services.

CONSENT CALENDAR ITEM NO. 7
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FISCAL IMPACT
The Capital Improvement Program (CIP) currently includes funding for this Project in the amount of $6,350,000. Funds are available in the Project budget (401-0000-60185 2021-02D) for the proposed amendment in the amount of $20,730 for additional engineering design to prepare a WQMP, expanded parking lot design, and provide existing electrical locating services, in addition to the existing master planning, engineering design, and construction support services agreement amount of $440,610, for a total contract amount of $461,340.

The cost estimate per construction phase is:

Construction Phase Cost Estimate
Phase 1 $3,672,539
Phase 2 $390,517
Phase 3 $1,367,126
TOTAL $5,430,182
The proposed project budget is as follows:

Proposed Budget
Master Plan / Design $461,340
Project Management $60,000
Construction $5,430,182
Inspection/Testing/Survey $75,000
Contingency $323,478
TOTAL $6,350,000

BACKGROUND/ANALYSIS
The total Project area is 7.5 acres, located on the southeast corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City to serve as a noncommercial public space. The property currently has a regional Park and is adjacent to the City’s Corporate Yard and Fire Station No. 32. The Park contains a swimming pool, children's play area, picnic tables and benches, restrooms, four (4) tennis courts, sixteen (16) pickleball courts, a skate park, a dog park, parking lot and off-street parking.

The La Quinta community identified additional amenities at the Park as a priority during the 2021 annual Community Workshop. Subsequently, funding was included in the fiscal year (FY) 2021/22 CIP to provide master planning services, in FY 2022/23 CIP to provide design services, and in FY 2023/24 CIP for the construction phase.

Following a request for proposals in 2022, IN-SITE was selected to provide master planning services for this Project and a draft Master Plan was prepared.

Community outreach was conducted, and feedback was incorporated into the Master Plan.
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In September 2023, Council approved the Master Plan, Amendment No. 2 for engineering design and construction support, and authorized the design phase. The approved Master Plan identified four (4) phases to implement additional amenities, the first phase included the conversion of two (2) tennis courts to eight (8) pickleball courts, and the replacement of the existing shade structures over the pickleball and tennis courts. This first phase was completed as a maintenance project in June 2023. The improvements for the three (3) remaining construction phases are outlined below:

Phase 1:
 Plaza with accessible play element, seating, and shade;  Expanded playground with new equipment, shade, lighting, and drinking fountains;
 Restroom building;
 Tree-lined promenade with seating and picnic tables;
 Bicycle racks and tune-up station.

Phase 2:
 Modified existing parking lot;
 New expanded parking lot with tree islands and improved on-street parking along Francis Hack Lane;
 Electric Vehicle charging stations.

Phase 3:
 New water playground with wading pool;
 Expanded pool deck with shade and seating;
 Expanded pool equipment area.

The proposed Amendment No. 3 includes additional engineering design to prepare a water quality management plan, expanded parking lot design, and provide existing electrical locating services.

ALTERNATIVES
Council may elect to amend or not to approve Amendment No. 3.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Fritz Burns Park Improvements Project Master Plan

2. Amendment No. 3 with IN-SITE Landscape Architecture
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ATTACHMENT 1
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AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES

WITH INSITE LANDSCAPE ARCHITECTURE (CONTRACTING PARTY)
This Amendment No. 3 (“Amendment 2”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 20th day of March, 2024, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and IN-SITE Landscape Architecture, a California Corporation (“Contracting Party”).

RECITALS
WHEREAS, on or about May 4, 2022, the City and Contracting Party entered into an Agreement to provide Master Planning for Fritz Burns Park Improvement Project No. 2021-02, for a total not to exceed amount of $79,375. The Initial Term of the Agreement expired on June 30, 2023; and
WHEREAS, on or about June 27, 2023, the City and Contracting Party executed Amendment No. 1 to the Agreement and mutually agreed to amend Section 3.4 Term, to extend the term of the Agreement for one additional two-year term from July 1, 2023, through June 30, 2025 (“Extended Term”); and
WHEREAS, on or about September 20, 2023, the City and Contracting Party executed Amendment No. 2 and mutually agreed to amend Section 1.1, Scope of Services, of the Agreement to provide additional services to include preliminary engineering and construction support services and section 2.1 Contract Sum of the Agreement and increase the total compensation by an additional amount of $361,235, for a grand total not to exceed amount of $440,610; and
WHEREAS, The City and contracting Party mutually agree to amend Section 1.1, Scope of Services, of the Agreement to provide additional services to include additional engineering design to prepare a water quality management plan, expanded parking lot design, and provide electrical circuit mapping services as identified in Exhibit A – Project Assignment, included in this Amendment No. 3; and
WHEREAS, The City and contracting Party mutually agree to amend Section 2.1 Contract Sum of the Agreement and increase the total compensation by an additional amount of $20,730 for the additional engineering design to prepare a water quality management plan, expanded parking lot design and existing electrical locating services, included in this Amendment No. 3 as Exhibit B, for a grand total not to exceed amount of $461,340.

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

ATTACHMENT 2
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1. Section 1.1 is amended to read as follows:

Section 1.1 – Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the Master Planning for Fritz Burns Park Improvements Project No. 2021-02 as detailed in Exhibit A “Scope of Services” included in the Agreement, as well as additional engineering design to prepare a water quality management plan, expanded parking lot design, and provide electrical circuit mapping services, as specified in “Exhibit A” and incorporated herein by this reference (the “Services”).

2. Section 2.1 is amended to read as follows:

Section 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Four Hundred Sixty-One Thousand Three Hundred and Forty Dollars ($461,340) (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

In all other respects, the original Agreement shall remain in effect. 176 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA INSIGHT Landscape Architecture
a California municipal corporation
_______________________
JON McMILLEN, City Manager Tim Jachlewski
City of La Quinta, California President
Dated:___________________ Dated:______________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Scope of Services
Additional Civil Engineering and WQMP Scope:
• Phase 2 Improvements:

Additional modifications to the parking lot, including offsite parking on Francis Hack Lane and additional landscape islands.
• Water Quality Management Plan (WQMP):

Sub-consultant (Dudek) will prepare a WQMP for the proposed improvements. The purpose of the WQMP is to document the permanent development improvements that will be utilized to reduce the short and long-term impacts to water quality for receiving water bodies downstream of the project site.

The WQMP will be prepared in accordance with the requirements of the Regional Water Quality Control Plan (RWQCP) and typical County requirements and will include background project information, priority project determination, project specific stormwater analysis and quality characteristics, water quality threat determinations (including evaluation of pollutants of concern for downstream watersheds), and LID and water quality BMP’s that are proposed for implementation in the final design of the project.

The WQMP will also include provisions for ongoing maintenance of the proposed BMP’s. The WQMP will be submitted to the City for review and final approval in digital format.

Additional Electrical Circuit Mapping Scope:
• Trace lighting and electrical circuits throughout Fritz Burns Park. • Label circuits and their corresponding origination panels. • Map circuits on topography survey.
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section

2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four Hundred Sixty-One Thousand Three Hundred and Forty Dollars ($461,340) (the “Contract Sum”), comprised of $79,375 for Master Planning services as detailed in Exhibit B of the Agreement, $361,235 for engineering design and construction services as detailed in Amendment No. 2, and $20,730 for additional engineering design to prepare a water quality management plan, and existing electrical circuit mapping services as detailed in enclosed Exhibit B to this Amendment No. 3.

The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Compensation for additional services identified in Exhibit A:
• Additional Civil Engineering and Water Quality Management Plan: $10,230.00 • Electrical Circuit Mapping Services: $10,500.00

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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: APPROVE CHANGE ORDER ESTIMATE FOR CONTRACT WITH ORTIZ CONSTRUCTION, INC., APPROVE AMENDMENT NO. 13 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC., AND AUTHORIZE

AMENDMENT REQUEST TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AGREEMENT FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05

RECOMMENDATION
Approve Change Order Estimate for contract with Ortiz Construction, Inc. in the amount of $124,944, approve Amendment No. 13 to Professional Services Agreement with Bengal Engineering, Inc. in the amount of $45,200, authorize staff to submit an amendment request to the Coachella Valley Association of Governments reimbursement agreement for the Dune Palms Road Bridge Improvement Project No. 2011-05; and authorize the City Manager to execute the change order and amendments.

EXECUTIVE SUMMARY
• The Dune Palms Road Bridge Project (Project) (Attachment 1) is currently in construction to replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC).
• As the contractor is constructing the roadway improvements associated with the northbound bridge section of the Project, staff recommends completing the roadway widening to ultimate condition on the eastern side of Dune Palms Road between Highway 111 and the bridge.
• The Change Order Estimate for the construction contract with Ortiz Construction, Inc., includes additional quantities of bid items to complete the widening to the ultimate General Plan condition (Attachment 2).
• Amendment No. 13 to the Professional Services Agreement (PSA) with Bengal Engineering, Inc., (Bengal) authorizes engineering design to amend the current roadway improvement plans and to provide additional construction support services on a time and materials basis (Attachment 3).
• The road widening improvements are not eligible for Highway Bridge Program Funding but as part of the Coachella Valley Association of Governments (CVAG) CONSENT CALENDAR ITEM NO. 8
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Regional Transportation Plan (RTP) in the Transportation Project Prioritization Study (TPPS) they are eligible for funding.
• Staff requests approval to submit an amendment request for the existing Dune Palms Bridge Agreement with CVAG to provide 75% of the cost for the road widening improvements.

FISCAL *
The Project has an approved budget of $29,756,245. The following is the updated project budget per phase:

Phase Project Budget
Engineering/Design $2,095,200
Right of Way $1,570,554
Construction $22,017,430
Const. Engineering $2,764,651
Utility Agreement (IID) $65,750
Contingency $1,242,660
Total Costs: $29,756,245
The CVAG amendment request is for 75% of the additional road widening costs, including design and construction. Sufficient funds are available for the Bengal amendment in the amount of $45,200 and the construction contract change order estimate of approximately $124,944 in the existing project budget.

BACKGROUND/ANALYSIS
The Project is currently in construction to replace the existing low water crossing with an allweather access bridge on Dune Palms Road at the CVSWC. The contractor is preparing to construct the roadway improvements associated with the northbound bridge section of the Project. Staff recommends widening the eastern side of Dune Palms Road on the northbound bridge approach, from Highway 111 to the bridge, to its ultimate General Plan condition as part of the Project.

This segment of Dune Palms Road is part of the RTP and is included in the CVAG TPPS with a 2015 ranking of 9 on a scale of 0 to 15 (15 is the highest need). The TPPS uses distinct evaluation criteria and scores to form a ranking list of the regionally significant roadway segments for the nine municipalities and the County of Riverside in the Coachella Valley area. The ranking list is used to determine which roadways have the greatest need evaluated from current conditions and is used in funding decisions. 182 CLICK HERE to Return to Agenda
Completing the road widening as the contractor is constructing the roadway improvements associated with the northbound bridge section will provide overall cost savings. The City will not need to construct and remove temporary improvements in the future to widen the road to its ultimate condition. Constructing the ultimate condition at this time will also offer improved safety for bicycles and pedestrians on the east side of Dune Palms Road and provide a better link to the adjacent CV Link improvements.

The road widening improvements are not eligible for HBP funding, but they are eligible for CVAG regional transportation funding. Staff requests approval to submit a request to CVAG, to amend the existing Dune Palms Bridge Reimbursement Agreement for 75% of the cost for the design and construction of the road widening improvements.

The proposed construction change order estimate from Ortiz Construction, Inc., includes the additional quantities of bid items estimated to construct the road widening improvements. The final change order will be submitted based on the actual quantities required to complete the improvements.

Proposed Amendment No. 13, if approved, will allow Bengal to continue to provide construction support through the construction phase and amend the current roadway improvement plans to include the Dune Palms Road widening from Highway 111 to the bridge.

Additional construction support is warranted to accommodate time expended on the resolution of the water main construction to satisfy CVWD Record Drawing information, and additional construction time due to delays caused by Tropical Storm Hilary in August 2023 and other subsequent storms.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map

2. Ortiz Construction, Inc. Change Order Estimate

3. Bengal Engineering Inc. Amendment No. 13
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Dune Palms Bridge

PROJECT LOCATION
HIGHWAY 111
Vicinity Map
AVENUE 48
ATTACHMENT 1 184 CLICK HERE to Return to Agenda
Bid
Item #
Unit
New
Quantity
Original
Quantity
Change Bid Unit
Price
Extension Comments
5, 91 Sawcut & Remove AC Pavement SF 3,482 677 2,805 $ 1.80 $ 5,049.00 8, 92 Clearing and Grubbing (C & G Removal) LS See Below 12 Suitable Backfill Material CY 47 - 47 $ 300.00 $ 14,100.00 96 Cold Mill AC Pavement SF 2,607 2,241 366 $ 1.00 $ 366.00 97, 14 Asphalt Concrete (4.5 ") SF 23,898 19,848 4,050 $ 3.20 $ 12,960.00 98 Asphalt Concrete (0.10') SF 2,607 2,241 366 $ 0.85 $ 311.10 15, 99 Class 2 Aggregate Base SF 23,898 19,848 4,050 $ 1.90 $ 7,695.00 17, 100 6" AC Dike LF 118 486 (368) $ 23.00 $ (8,464.00) 18, 101 6" Curb & Gutter LF 568 - 568 $ 22.00 $ 12,496.00 19, 102 8" Median Curb LF 881 - 881 $ 19.00 $ 16,739.00 20, 103 Concrete Sidewalk (5.5') SF 3,476 3,853 (377) $ 16.00 $ (6,032.00) 22, 105 Colored Stamped Median SF 1,787 - 1,787 $ 16.00 $ 28,592.00 46, 108 Signing EA 4 - 4 See Below
Pavement Markings (Bike Legend) EA 3 - 3 See Below
Pavement Markings (Turn Arrows) EA 2 - 2 See Below
146 Crack Seal and Slurry Seal SF 54,857 73,184 (18,327) $ 0.35 $ (6,414.45) Subtotal (Items from Engineer's Qty's) $ 77,397.65 These Items to be paid per original Bid Unit Prices Description

QUANTITIES FROM ENGINEER'S COVER SHEET
ATTACHMENT 2
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Bid
Item #
Unit
New
Quantity
Original
Quantity
Change Bid Unit
Price
Extension Comments
Clear and Grub LF 198 - 198 $ 16.00 $ 3,168.00 Curb & Gutter Removal AC Walkway (4") SF 525 - 525 $ 14.85 $ 7,796.25 No Headers, backing, etc. 9, 93 Excavation CY 384 - 384 $ 60.00 $ 23,040.00
Raised Median Curb - Sawcutting and AC Patch LF 881 - 881 $ 12.00 $ 10,572.00 Concrete Purchase (price increases) CY 90 - 90 $ 33.00 $ 2,970.00 Subtotal (Additional Items) $ 47,546.25
TOTALS $ 124,943.90
Bid
Item #
Unit
New
Quantity
Original
Quantity
Change Bid Unit
Price
Extension Comments
Traffic Control & Maintenance Time and Materials
Testing (QA/QC) By City
Signage and Pavement Markings TBD - Dependent on Schedule and Traffic Configuration Mobilizations - Asphalt Paving Subcontractor prices include 2 move-ins for the entire project - additional move-ins will be $17,750.00
Mobilizations - Concrete Curbs, Gutters, Flatwork Subcontractor prices include 2 move-ins for the entire project - additional move-ins will be $1,750.00
Description

CONDITIONS / QUALIFICATIONS
Description

ADDITIONAL QUANTITIES
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AMENDMENT NO. 13 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING. INC.

This Amendment No. 13 to Professional Services Agreement with Bengal Engineering ("Amendment No. 13") is made and entered into as of the 20th day of March 2024 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation ("Consultant").

RECITALS
WHEREAS, on or about July 1, 2014, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, Project No. 2011-05. The term of the Agreement expires on June 30, 2023; and WHEREAS, Amendment 1, executed on or about March 24, 2015, previously amended Scope of Services, and Contract Sum to include additional Utility Pothole, Data Collection, and Noise Modeling work and to remove Section 7 Consultation Work Objective, resulting in a net contract sum decrease in the amount of ($2,233.00); and WHEREAS, Amendment 2, executed on or about December 1, 2015, previously amended Scope of Services and Contract Sum to include additional Cultural and Architectural Survey, resulting in a net contract sum increase in the amount of $7,800.00; and
WHEREAS, Amendment 3, executed on or about July 7, 2016, previously amended Scope of Services and Contract Sum to revise the Traffic Technical Memorandum and Noise Study and to prepare and process an Air Quality Report, resulting in a net contract sum increase in the amount of $31,678.00; and WHEREAS, Amendment 4, executed on or about July 13, 2016, previously amended Scope of Services and Contract Sum to include the development of Three Conceptual Grade Control Structure Alternatives, resulting in a net contract sum increase in the amount of $16,100.00; and
WHEREAS, Amendment 5 executed on or about June 13, 2016, previously amended Scope of Services and Contract Sum to include additional Hydrology and Hydraulic Study to address concerns expressed by the Coachella Valley Water District, resulting in a net contract sum increase in the amount of $19,900.00; and WHEREAS, Amendment 6, executed on or about October 27, 2016, previously amended Scope of Services and Contract Sum to include an Extended Archeological Phase I Work Plan (XPl) as directed by Caltrans Environmental, resulting in a net contract sum increase in the amount of $9,583.00; and
ATTACHMENT 3
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WHEREAS, Amendment 7, executed on or about April 20, 2017, previously amended Scope of Services and Contract Sum to include the Field Work for the Extended Archeological Phase I Work Plan required by Caltrans, resulting in a net contract sum increase in the amount of $96,449.00; and
WHEREAS, Amendment 8, executed on or about October 16, 2018 previously amended Scope of Services, Contract Sum, and Agreement Term to include additional engineering services related to Coachella Valley Water District Equilibrium Slope and Scour Determination, Environmental Permitting, Right of Way Acquisition, and preparation of Water, Sewer and Landscape Plans; and
WHEREAS, Amendment 9, executed on or about April 28, 2020, amended the Scope of Services to include additional engineering services related to design accommodations for connector trails and artistic CV Link Project components, design of CVWD access accommodations and additional project management, resulting in a net contract sum increase in the amount of $53,310.00; and WHEREAS, Amendment 10, executed on or about June 28, 2021, amended Section 3.4 Term of the Agreement to extend the contract term through June 30, 2023 ("Extended Term"); and
WHEREAS, Amendment 11, executed on or about June 14, 2022, amended the Scope of Services to include Constructability Review in Phase III and shift $8,000 in funding from Phase I and II to Phase III Constructability; and WHEREAS, Amendment 12, executed on or about May 2, 2023, amended the Contract Sum to replenish the Construction Support Services task, resulting in a net contract sum increase in the amount of $50,000 and amended section 3.4 Term of the Agreement to extend the contract term through December 31, 2024 ("Extended Term"); and
WHEREAS, the City and Contracting Party mutually agree to execute Amendment 13 to amend the Scope of Services to revise the roadway improvement plans to include the proposed widening of Dune Palms Road between Highway 111 and the bridge, and to replenish the Construction Support Services task, resulting in a net contract sum increase in the amount of $45,200 as identified in Exhibit B, attached hereto and made a part hereof, and amend section 3.4 Term of the Agreement to extend the contract term through June 30, 2025 ("Extended Term").

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:
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Section 1.1 – Scope of Services is amended to include the additional services to be provided by Consultant as outlined in “Exhibit A”, attached hereto and made a part hereof.

Section 2.1 – Contract Sum is amended to read as follows:

For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount up to but shall not exceed One Million, Five Hundred Ninety-Four Thousand, Four Hundred Forty-Three Dollars ($1,594,443.00) (the "Contract Sum") for the life of the Agreement encompassing initial terms and Amendments 1 through 13, except as provided in Section 1.6. Construction Support shall be paid on a time and materials basis as requested by City Staff.

Exhibit B -Budget is amended as attached in "Exhibit B", attached hereto and made a part hereof.

Section 3.4 – Term is amended to read as follows:

Unless earlier terminated in accordance with the provisions in Article 8.0 of the Agreement, the term of this Agreement shall commence on July 1, 2014 and terminate on July 31, 2018 (“Initial Term”); the term of this agreement was extended via Amendment No. 8 until July 31, 2021 (“Extended Term”); and via Amendment No. 10 until June 30, 2023 (“Extended Term”); and via Amendment No. 12 until December 31, 2024 (“Extended Term”); notwithstanding any provisions to the contrary in effect prior to the date of this Agreement No. 13, the Extended Term of this agreement shall remain in full force and effect until June 30, 2025 (“Extended Term”).

In all other respects, the Original Agreement shall remain in effect. 189 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 13 to the Professional Services Agreement on the respective dates set forth below.

CITY OF LA QUINTA a California CONSULTANT:

Municipal corporation Bengal Engineering, Inc.
______
Jon McMillen, City Manager Scott Onishuk, P.E.

Principal in Charge
Dated: _____________________ Dated: _____________________ ATTEST:

Monika Radeva, City
Clerk City of La Quinta,
California
APPROVED AS TO FORM:

William H. Ihrke, City
Attorney City of La
Quinta, California
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Exhibit A
Scope of Services
Consultant will provide additional construction support on a time and materials basis as requested by City Staff and as specified in the original scope of work.

Consultant will provide amended roadway improvement plans, widening Dune Palms Road, south of the channel to the ultimate street width, including a raised median between Corporate Centre Way and Highway 111, as part of an amended Phase 2 Task 4, Under Final Design as follows:

Task 4A: Amended Roadway Improvement Plans
Consultant will amend the approved roadway improvement plans to include the proposed widening of Dune Palms Road, between Highway 111 and the bridge. The amended roadway improvement plans include modifications to the following sheets:
• Sheet 2, Construction Notes and Quantities
• Sheet 4, Removal & Existing Utility Sheet
• Sheet 7, Street Improvement Plan
• Sheet 13, Signing and Striping Plan
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Exhibit B
Budget
The following represents the contract total of One Million, Five Hundred Ninety-Four Thousand, Four Hundred Forty-Three Dollars ($1,594,443.00) after the consideration of Amendments 1 through 13.

Base Contract Amount: $1,176,781.00
Amendment No. 1: ($2,233.00)
Amendment No. 2: $7,800.00
Amendment No. 3: $31,678.00
Amendment No. 4: $16,100.00
Amendment No. 5: $19,900.00
Amendment No. 6: $9,583.00
Amendment No. 7: $ 96,449.00
Amendment No. 8: $89,875.00
Amendment No. 9: $53,310.00
Amendment No. 10: $0.00
Amendment No. 11: $0.00
Amendment No. 12: $50,000.00
Amendment No. 13: $45,200.00
Contract Total: $ 1,594,443.00
• Additional Construction Support: $40,000
• Amended Roadway Improvement Plans: $5,200
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City of La Quinta
CITY COUNCIL MEETING: March 19, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND

FOOD BANK TO PROVIDE MOBILE MARKET AND NON-PERISHABLE FOOD KITS

TO SENIORS AND LA QUINTA RESIDENTS

RECOMMENDATION
Approve Agreement for Contract Services with FIND Food Bank to provide a mobile market and non-perishable food kits to seniors and La Quinta residents; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• In July 2020, the City entered into an agreement with FIND Food Bank (FIND) to provide funding to support food distribution to seniors, low/fixed income residents, and those in need due to the COVID-19 pandemic.
• The partnership evolved into providing food to La Quinta’s affordable housing sites, senior communities, and residents.
• Approving the proposed agreement (Attachment 1) enables FIND to continue food distribution services through fiscal year 2024/25.

FISCAL IMPACT
The cost to continue food distribution services is $60,000 per fiscal year. Funds are available in the Grants Account (Account No. 101-3001-60510).

BACKGROUND/ANALYSIS
In March of 2020, the COVID-19 pandemic created a surge for needed food resources for La Quinta residents. Food insecurity affected homebound and isolated seniors, adults and families who lost stable jobs, and children who lost access to free/reduced meals due to school closures. It was during this time that the City entered into a partnership with FIND to support food distribution services and direct service to low/fixed income senior housing complexes. Since then, the City has partnered with FIND to offer mobile food markets and provide food delivery directly to residents of Hadley Villas, Washington Street Apartments, Vista Dunes Courtyard Homes, Coral Mountain Apartments, and Wolff Waters Place. Approving the proposed agreement enables FIND to continue providing much needed food resources to these communities and La Quinta residents. Additionally, beginning April 2024, FIND will host a mobile market from the La Quinta Library parking lot, providing an easily accessible location for individuals to obtain additional food resources.

CONSENT CALENDAR ITEM NO. 9
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ALTERNATIVES
Council may elect to modify or not approve of the Agreement.

Prepared by: Michael Calderon, Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Agreement for Contract Services
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and FIND FOOD BANK a non-profit organization, with a place of business at 83775 Citrus Ave, Indio, California 92201 (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the storage, preparation, and delivery of non-perishable food kits for seniors and La Quinta residents, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

ATTACHMENT 1
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 196 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Sixty Thousand Dollars ($60,000) per fiscal year, for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 197 CLICK HERE to Return to Agenda
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Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 1, 2024, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for up to five (5) years upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Debbie Espinosa, President/CEO
Telephone No. (760) 755-3663
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Christina Calderon, Community Services Deputy Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.
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4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 200 CLICK HERE to Return to Agenda
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Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.

5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

6. INDEMNIFICATION.

6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 201 CLICK HERE to Return to Agenda
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generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 202 CLICK HERE to Return to Agenda
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copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 203 CLICK HERE to Return to Agenda
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of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.

8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 204 CLICK HERE to Return to Agenda
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the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 205 CLICK HERE to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS.

10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City:

CITY OF LA QUINTA
Attention: Christina Calderon
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

FIND FOOD BANK, INC.

Debbie Espinosa
83775 Citrus, Ave
Indio, California 92201

10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
207 CLICK HERE to Return to Agenda
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:

FIND FOOD BANK
a non-profit organization

DEBBIE ESPINOSA
President/CEO
Date: ____________________________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
208 CLICK HERE to Return to Agenda
Exhibit A

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La Quinta City CouncilMarch 19, 2024

La Quinta City Council
March 19, 2024