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PCRES 2009-029PLANNING COMMISSION RESOLUTION 2009-029 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT PERMIT 08-907, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE PGA WEST GOLF VILLAS AND COMMUNITY RECREATION BUILDING CASE: SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22"' day of September, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 11, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permit 08-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 5`" day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; 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 Planning Commission Resolution 2009-029 Site Development Permit 08-907 Pyramid Project Management, LLC Page 2 Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permit 08-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring and Reporting Program be certified. 4. Architectural Design The architectural design aspects of the proposed Villas and Community Recreation Building provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality Planning Commission Resolution 2009-029 Site Development Permit 08-907 Pyramid Project Management, LLC Page 3 prevalent in the City. Although the modified Tuscan architecture and layout is relatively dissimilar to the existing surrounding PGA West residences, the style, as conditioned, is compatible with the existing community conditions in that they are all styles permitted in the PGA West Specific Plan. The articulated massing reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle, incorporating courtyards, balconies, and terraces. 5. Site Design The site design aspects of the proposed Villas community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The Villas and Community Recreation Building are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Villas, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture and existing site landscaping conditions. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; and Planning Commission Resolution 2009.029 Site Development Permit 08-907 Pyramid Project Management, LLC Page 4 2. That the Planning Commission does hereby recommend approval of Site Development Permit 08-907 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of September, 2009 by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES (QWSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 1 C;FNFRAI 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 2008-907. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2008-907 shall comply with the requirements and standards of Chapter 9 of the La Quinta Municipal Code ("LQMC"), Chapter 13 of the LQMC, and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 6, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Site Development Permit 08-907 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 Tentative Tract Map 36139 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. 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: PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 2 Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department • Riverside Co. Environmental Health Department Coachella Valley Unified School District Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction 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"), prior to the issuance of a grading or site construction permit by the City. 6. 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. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-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 PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 3 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)): 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 approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 4 8. Approval of this Site Development Permit 2008-907 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. 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. PROPERTY RIGHTS 10. 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. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing on -site private streets that access off -site private streets and open space/drainage facilities of the master development. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) - No additional off -site private street dedication is required. 2) Double Eagle Way - No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 11 Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map and as approved by the City Engineer. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the Site Development Permit 2008-807 site plan and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 13. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 6 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENT 15. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 16. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 17. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) - No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way - No additional off -site street widening is required except for the construction of the proposed cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 7 parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 18. All gated entries shall as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Tract Map No. 36139 dated August 2009 and as approved by the City Engineer. 19. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 8 Entry drives, main interior circulation routes, corner cutbacks, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b.. or the approved equivalents of alternate materials. 21. 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. 22. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive to Clubhouse) 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 24. 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. 25. The design of parking bays along Street A (Lot A of Lot 2) shall conform to LQMC Chapter 9.150 and in particular the following: PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 9 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. 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 to better evaluate ADA accessibility issues. D. Accessibility routes to adjacent development and within the 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 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Bays (Low Traffic) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 10 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. 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," refer to persons currently certified or licensed to practice their respective professions in the State of California. 30. 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). 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site SDP 2008-907 New Community Building Precise Grading 1 " = 20' Horizontal PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 11 F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 12 "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street'lmprovement Plans. 32. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the 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 Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 13 landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of Tentative Tract Map No. 36139, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map for Tentative Tract Map 36139 or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 14 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. 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. 40. 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 qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 41. 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 PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 15 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. 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 (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 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. 43. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46. 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 approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 16 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 48. 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 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 49. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 52. 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. 137-2008-001. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 17 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. 137-2008-001 . B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 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. UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. 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. 56. 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. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 18 CONSTRUCTION 57. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 58. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 59. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 61. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project, in particular, perimeter turf, tree/shrub, and wall plans along PGA Boulevard and Double Eagle Way. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 19 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 62. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 63. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 64. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 65. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 66. 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. 67. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 68. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 69. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 20 public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 70. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTM 71. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City . and the Agua Caliente THPO. 72. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 73. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. In the community building area, all freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. PLANNING COMMISSION RESOLUTION 2009-029 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC SEPTEMBER 22, 2009 PAGE 21 74. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 75. All signs shall be approved under a separate sign permit/program application. 76. The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site. 77. In order to accommodate tennis club members who are not Villas residents, the applicant shall install a pedestrian pathway leading from the Private Clubhouse parking lot directly to the tennis courts. The design and location of said pathway shall be shown on the Final Landscaping Plans and approved by the Planning Director. 78. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building permit within the Villas project. 79. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139.