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CC Resolution 2017-001 SRR-Talus Hotel, Golf Course, Golf Villas; SDP2016-0009RESOLUTION 2017 — 001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2016-0009 SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR CONSTRUCTION OF A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, 10 GOLF VILLAS, AND A RESORT RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN CASE NUMBER: SITE DEVELOPMENT PERMIT 2016-0009 (SDP2016-0009) APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 27th day of December, 2016, hold a duly noticed Public Hearing to consider a request by SilverRock Development Company, LLC, for approval of a hotel, new golf course clubhouse, 10 golf villas, and a 66-unit condominium development generally located on the southwest corner of Jefferson Street and Avenue 52, more particularly described as: APNs: 777-060-056, 777-490-001, 777-490-003, 777-490-005, 777-490-006, 777-490-011, 777-490-013 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on December 16, 2016 for said Planning Commission Public Hearing as prescribed by the La Quints Municipal Code (LQMC). Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of January, 2017, consider SDP2016-0009. WHEREAS, at said meeting, 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 9.210.010 of the Municipal Code to justify approval of said SDP: 1. Consistency with General Plan and SilverRock Specific Plan The land use is consistent with the General Plan land use designation of Tourist Commercial. The proposed project is also consistent with the SilverRock Specific Plan, and implements the goals, policies and development standards of the Specific Plan. City Council Resolution 2017-001 Site Development Permit 2016-0009 Adopted: January 3, 2017 Page 2 of 3 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and/or SilverRock Specific Plan, as applicable. The SDP has been conditioned to ensure compliance with the zoning standards and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is consistent with Environmental Assessment 2014-1003 and no further environmental review is required. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, and roof style are compatible with the architectural style of SDP 2016-0005, and the quality of design prevalent in the city. 5. Site Design The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, and exterior lighting, are consistent with the SilverRock Specific Plan and with the quality of design prevalent in the city. 6. Landscape Design Project landscaping, including, but not limited to, the location type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and enhance the visual continuity of the project. The landscape design will be consistent with the established landscape guidelines for the SilverRock Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. City Council Resolution 2017-001 Site Development Permit 2016-0009 Adopted: January 3, 2017 Page 3 of 3 SECTION 2. That the City Council finds the above project to be consistent with Environmental Assessment 2014-1003 and no further environmental review is required. SECTION 3. That the City Council does hereby approve Site Development Permit 2016- 0009, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval and Exhibit A. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 3rd day of January, 2017, by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None (�::� 2r, LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clervi City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Attachment A: SilverRock Temporary Chain Link Fence Tradition to CVWD Canal ■ t 4 ,-1 .. Y Legend -1 Display Parcels roadsanno highways HM INTERCHANGE - INTERSTATE OFFRAMP ONRAMP VSHM [) counties [j cities hydrographyllnes waterbodles Lek.. RN.. 'IMPORTANT' Maps and data are to be used for reference purposes only, Map features source is often third party), accuracy, timeliness, or completeness of any of the data provided, responsibility of the use, are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the and assumes no legal responsibility for the information contained on this map. Any use of this product wfth respect to accuracy and precision shop be the sole Notes Approximately 6,300 lineal feet 632 1,265 Feat e REPORT PRINTED ON,,. 11=018 8:58:09 AM 0 Riverside County RCIT GIS CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 1 of 19 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on December 27, 2018 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) Design & Development Department Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • State Water Resources Control Board • SunLine Transit Agency • SCAQMD Coachella Valley CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 2 of 19 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 3 of 19 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. G. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post - construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 4 of 19 PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. Pursuant to the aforementioned condition, conferred rights shall include property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities. 10. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, crossings, or other encroachments will occur. 11. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 12. The applicant shall construct the following street improvements to conform with the General Plan and provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties and Development) for public streets. A. OFF -SITE STREETS 1) Construct right turn deceleration lane at all access points where there is a peak hour right -turn volume of 50 vehicles per hour. CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 5 of 19 The deceleration lane length shall be as specified in Engineering Bulletin 06-13. 2) Jefferson Street (Major Arterial) - Construct a traffic signal or roundabout at the entrance off Jefferson Street at such time that warrants are met. PARKING LOTS and ACCESS POINTS 13. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking stalls or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. A minimum of 20 feet on each side of approach drives shall be provided where divided by median islands and as approved by the City Engineer. 14. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 6 of 19 Major Arterial 5.5" a.06.5" c.a.b. Parking Lot & Aisles (Low Traffic) 3.0" a.04.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 15. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 16. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 17. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 18, Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 19. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 7 of 19 plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Mass Grading Plan B. On -Site Rough Grading Plan C. PM10 Plan D. Erosion Control Plan 1" = 100' Horizontal 1" = 40' Horizontal 1" = 40' Horizontal 1" = 40' Horizontal E. Final WQMP (Plan submitted in Report Form) NOTE: A through E to be submitted concurrently. F. On -Site Street Improvements/ Signing & Striping/ Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical (Separate Storm Drain Plans if applicable) G. On -Site Commercial Precise Grading 1" = 20' Horizontal (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Commercial Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. "On -Site Commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 8of19 curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. All On -Site Signing & Striping Plans shall show, at a minimum, Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of one (1) -foot of cover, or sufficient cover to clear any adjacent obstructions. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works "Plans, Notes and Design Guidance" section of the City website (www.la-quinta.org). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 22. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the FOR may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADTNG 23. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 9of19 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), E. A WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 26. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 10 of 19 Plan. 27. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six feet (6') adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 28. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 29. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.51 from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 30. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. 31. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 11 of 19 and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 32. Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2016-0001 SilverRock. Nuisance water shall be disposed of in an approved manner. 33. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3- hour, 6-hour or 24-hour event producing the greatest total run off. 34. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 35. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 36. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin or as approved by the City Engineer. CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: January 3, 2017 Page 12 of 19 37. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 38. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 39. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 40. The applicant shall obtain the approval of the City Engineer for the location of CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 13 of 19 all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 42. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 43. The City will conduct final inspections of habitable buildings only when the buildings have parking lot improvements and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 44. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 45. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 46. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 14 of 19 regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 47. The applicant shall submit final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department a letter stating he/she has personally inspected the installation and that it conforms with the -final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Design and Development Director shall review and approve any such revisions to the landscape plan. 48. All trees shall consist of, at minimum, 36-inch box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 49. A minimum of 50% of plantings classified "Shrubs, Perennials and Annuals" shall be provided as 5-gallon plants. This requirement shall be implemented on each Final Landscaping Plan submitted for review and approval to the City. MAINTENANCE 50. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 51. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 15of19 FEES AND DEPOSITS 52. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 53. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 54. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 55. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 56. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front access side of the building. PIV and FDC appliances shall not less than 40' from the building and within 50' of an approved roadway and no more than 200' from an approved hydrant. 57. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 58. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: January 3, 2017 Page 16 of 19 weather driving capabilities. 59. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 60. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 61. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. CALIFORNIA ENVIRONMENTAL QUALITY ACT (BIG HORN SHEEP FENCING 62. Intent. The intent of this condition is to protect Peninsular Big Horn Sheep from impacts related to the approximately 525 acres of property known as The SilverRock Resort pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan (MSHCP), the Mitigation Monitoring Program included in the Mitigated Negative Declaration and Addendum for the SilverRock Resort Specific Plan (SRR Mitigation Measures), that certain Development Agreement dated November 19, 2014, by and between the SilverRock Development Company, LLC (Developer) and the City (the DA), and that certain Purchase, Sale, and Development Agreement dated November 19, 2014, by and between Developer and the City (the PSDA). Immediate Construction of Temporary Fencing. Within 15 days after the decision SDP 2016-0009, if not already commenced, the City shall solicit bids for the construction of temporary fencing, and within 45 days of the bid solicitation, award a contract to the lowest responsible bidder. Within 21 days after the award to the lowest responsive and responsible bidder, construction of the temporary fencing shall commence. The completion of construction for CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 17 of 19 the temporary fencing shall be as soon as possible after commencing construction, not to exceed a period of 30 days for total construction. Prior to the issuance of any grading, demolition, construction, or building permit, the construction of the temporary fencing shall be completed. For purposes of this condition, "temporary fencing" or "temporary fence" means an 8-foot high fence between the SilverRock Resort development and hillside as identified in the SilverRock Resort Fence Location Site Plan attached as Exhibit "A" to this condition and incorporated by reference (Fencing Site Plan). The temporary fencing shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/or when the City transfers or disposes of any of the SilverRock Resort property adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for the construction and maintenance of the temporary fencing until such time as the permanent fencing or functional equivalent (as described below) is completed. The temporary fencing on City -owned property at SilverRock Resort shall be maintained by the City and on Developer -owned property shall be maintained by Developer until such time as the permanent fencing or functional equivalent is completed. Construction of Permanent Fencing or Functional Equivalent. Prior to the issuance of a "grand opening" of the SilverRock Resort as improved pursuant to the DA and PSDA, construction of the permanent fencing or functional equivalent shall be completed. For purposes of this condition, "permanent fencing or functional equivalent" or "permanent fence" means an 8-foot high fence or other barrier that prevents Big Horn Sheep from accessing SilverRock Resort, constructed of durable material or natural landscaping elements approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission, City and applicant in a location that, upon completion of construction, will be within one (1) to ten (10) feet of the temporary fence line as identified on the Fencing Site Plan, unless all approving parties agree to an alternative alignment. The permanent fence shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/or when the City transfers or disposes of any of the SilverRock Resort property adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for access, construction and maintenance of the permanent fence. The permanent fence on City -owned property at SilverRock Resort shall be maintained by the City and on Developer- CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 18 of 19 owned property shall be maintained by Developer. For purposes of this condition, "grand opening" of the SilverRock Resort means the opening to the general public of the new resort improvements consisting of the Luxury Hotel, Lifestyle Hotel, Conference and Shared Service Facility, Resort Residential Village, and dwelling units that are part of the Luxury Branded Residential Development, Lifestyle Branded Residential Development, Promenade Mixed - Use Development, or Resort Residential Village (all as those terms are defined in the PSDA). The anticipated date of the grand opening for reference purposes only is May 2019. Periodic Review for Environmental Impacts. After the completion of construction of the temporary fencing and until the completion of construction of the permanent fence, the City and applicant shall coordinate with the U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and/or Coachella Valley Conservation Commission (collectively, the other governmental agencies) to review the effectiveness of the temporary fencing and final design of the permanent fencing. If the review indicates that fence modifications, such as additional height or reinforcement, are required to protect bighorn sheep, the modifications shall be implemented. If review of environmental impacts advocates for a relocation of the temporary fencing or permanent fencing or use of some type of functional equivalent to protect Bighorn Sheep, the alternative location or method of protecting Bighorn sheep may be considered and used by the City and/or the applicant only if they are first approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission. Enforcement. This condition of approval may be enforced by the Appellants Sierra Club and Center for Biological Diversity pursuant to Appeal Condition of Approval CC-1 from ADMINISTRATIVE APPEAL 2016-0004, SRR SITE DEVELOPMENT PERMIT 2016-0005 ("Appeal Condition"). Enforcement shall be limited to an action in Superior Court to compel performance. 63. Prosopis Glandulosa (Texas Honey Mesquite) trees shall be removed from parking areas as a landscape option in the plan legend for SDP2016-0009. Texas Honey Mesquite trees shall be allowed in other areas at the applicant's discretion subject to proper installation design and maintenance. 64. Vertical landscape elements shall be included in landscape areas adjacent to three-story buildings of the lifestyle hotel in Planning Area 5 and the lifestyle branded condominiums in Planning Area 6 subject to appropriate material CITY COUNCIL RESOLUTION 2017-001 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2016-0009 SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLQ ADOPTED: January 3, 2017 Page 19 of 19 selection and suitability per the applicant, architect and landscape architect's discretion. These elements shall occur only on the parking sides of the elevations and shall not be required in any locations where views from the buildings to the adjacent mountains would be impacted or impaired. 65. Where materials such as precast and stone are used as accents on buildings, the applicant shall consider material colors that are complementary to the color hues of the adjacent mountains of the SilverRock Resort. 66. Room dimensions and square footages shall be prepared by the applicant for lifestyle hotel room options. 67. Applicant shall meet with city staff to review programming and operational aspects of the golf clubhouse to address concerns associated with the current design concept. The golf clubhouse concept shall be revised to reflect agreed upon programming changes resulting from the meeting, however, the program shall remain consistent with any applicable provisions of the Purchase, Sale, and Development Agreement between the city and SilverRock Development Company.