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CC Resolution 2009-094RESOLUTION NO. 2009 - 094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION OF A SITE DEVELOPMENT PERMIT FOR A ± 13.79 BOUTIQUE HOTEL SITE (200 UNITS AND 259 KEYS) CONSISTING OF A ±25,000 SQUARE FOOT PARKING STRUCTURE AND 29 CONDOMINIMUM HOTEL UNIT BUILDINGS CONTAINING MEETING FACILITY, RESTAURANT, AND RESORT SPA CASE NO.: SITE DEVELOPMENT PERMIT 2007-886 TIME EXTENSION No.1 APPLICANT: LDD SILVERROCK LLC WHEREAS, the City Council of the City of La Quinta, California, did on the V day of November 2009, hold a duly noticed Public Hearing to consider the request of LDD SILVERROCK LLC for approval of a one year extension of time for architectural and landscaping plans regarding a boutique condominium hotel resort, on property more particularly described as: PORTION OF SECTIONS 6 AND 8, T6S, R7E, SBM WHEREAS, the City Council of the City of La Quinta, California did, on the 17th day of July, 2007, adopt Resolution 2007-069, approving Site Development Permit 2007-886, subject to Conditions; and, WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970." The City Council certified Environmental Assessments 2002-453 and 2006-568, prepared for the SilverRock Specific Plan 06-080, which was certified on July 18, 2006, of which this project is included. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approval a one year extension of said Site Development Permit: 1 . An extension of time is warranted because the findings as noted below can still be made and apply to this request. 2. No changes have been made to this Site Development Permit from its original approval and no new or changed environmental considerations exist. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.t, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 2 3. . The boutique condominium hotel project is consistent with the General Plan and SilverRock Resort Specific Plan, in that it is a designated tourist commercial use which is served by the surrounding golf course uses. 4. The project has been designed to be consistent with the applicable provisions of the City's Zoning Code, or amended as allowed in compliance with SilverRock Resort Specific Plan 2006-080. 5. The architectural design of the boutique condominium hotel project including, but not limited to the architectural style, building mass and scale, materials, colors, architectural details, building heights, roof style, and other architectural elements are compatible with the surrounding developments, previously approved and constructed phases of the SilverRock Resort, and with the quality of design prevalent in the City. The boutique hotel is suitably designed and conforms to the established theme of the project and overall resort. 6. The site design of the project including, but not limited to project entries, interior circulation, landscaping, pedestrian access, pedestrian amenities, screening of equipment, exterior lighting, layout, and similar site design elements are compatible with the previously approved and constructed phases, surrounding developments, and with the quality of design prevalent in the City. 7. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses including the golf course, and provide an overall unifying influence to enhance the visual continuity of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in'this case; 2. That it does hereby approve a one year time extension for Site Development Permit 2007-886 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.t, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3rd day of November 2009, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None L ON ADO City of La Quinta, California ATTEST: VERONICA MONTECiNO, City Clerk City of La Quinta,. California (CITY SEAL) APPROVED AS TO FORM: City Council Resolution 2009-094 She Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 4 CITY COUNCIL RESOLUTION 2009-094 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2007-886, TIME EXTENSION NO.1 LOWE DESTINATION DEVELOPMENT SILVERROCK, LLC - BOUTIQUE HOTEL ADOPTED: NOVEMBER 3, 2009 GFNFRAI 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. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC"), Specific Plan 2006-080, Tentative Parcel Map No. 33367 and any Disposition and Development Agreement (DDA) and Development Agreement (DA) entered upon between the applicant and the La Quinta Redevelopment Agency, a public body, corporate and politic (See related Conditions of Approval from _the Disposition and Development Agreement [DDA] and Development Agreerrfent [DAD. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. Site Development Permit 2006-886 shall comply with all applicable'conditions and/or mitigation measures for the following approvals: • Environmental Assessments 2002-543 and 2006-568 • Specific Plan 2006-080 • Tentative Parcel Map 33367 • Disposition and Development Agreement • Development Agreement 2006-012 4. This Site Development Permit time extension is valid for a one year period, to expire on July 17, 2010, unless an extension is applied for and granted by the City Council pursuant to Section 9.200.080 of the La Quinta Municipal Code. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 5 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: 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • 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 and 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 more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.calmphandbooks.com for use I their WSPPP preparation. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 6 C. 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. 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). A. 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 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 City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 7 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. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. Additionally, pursuant to the approved Tentative Parcel Map, there is a proposed north/south easement across the center of the Site Development Permit for an existing 18" lake equalizer line for the perpetual maintenance and reconstruction and per the approved DDA affecting this Parcel. 9. The applicant shall retain for private use all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Streets shall have a 28-foot travel width measured flow line to flow line where curb and gutter are proposed. Flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department. On -street parking is prohibited except for designated and striped parking stalls, 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 Engineering Department prior to recordation. 10. The applicant shall dedicate easement to the City of La Quinta for public and utility purposes_ and ingress and egress easement for public and emergency access. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. Direct vehicular access to Ahmanson Way is restricted, except for the access City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.t, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 8 point identified on Tentative Parcel Map No. 33367, or as otherwise conditioned in these conditions of approval. 13. Emergency vehicle ingress and egress access shall be provided from Avenue 52 via the existing Secondary Access Road. 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. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 16. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. The applicant shall be responsible for completing the roadway improvements within the site development permit and as required by the approved DDA and DA, subject to approved coordination by the Public Works Department. The applicant shall extend improvements beyond the site development permit boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 17. 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: Private Street (Commercial) 3.5" a.c./4.0" c.a.b. or the approved equivalents of alternate materials. 18. 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. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 9 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. 19. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Ahmanson Way): Full turn movements are permitted. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 21. 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. PARKING AREAS 22. 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. 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. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 23. 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 Stall/Access Aisles (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No. 1, Lowe Destination Dev, SilverRock, LLC. .Adopted: November 3, 2009 Page 10 Parking Stall/Access Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. 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. 24. 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 Section 13.24.040 (Improvement Plans), LQMC. 25. The following improvement plans shall be prepared and submitted by the applicant 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 as ply may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 "= 4' Vertical E. WQMP (Plan submitted in Report Form) NOTE: A through E shall be submitted concurrently. 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.t, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 11 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. "Commercial 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. 26. 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. 27. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer pursuant to Engineering Bulletin #09-01 and/or the latest revision. 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. 28. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. PRECISE GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. To obtain an approved grading permit, the applicant shall submit and obtain City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev. SilverRock, LLC. Adopted: November 3, 2009 Page 12 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 Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. 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. 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. 32. The applicant shall provide sidewalks and golf cart paths for internal circulation within the Site Development Permit as well as to facilities within Tentative Parcel Map No. 33367 on the Precise Grading Plan in the plan check process as required and approved by the City Engineer. 33. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. 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 (0.5') 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. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 13 DRAINAGE 36. Stormwater handling shall conform with the approved hydrology and drainage report for (the "SilverRock Resort" of the underlying development). Nuisance water shall be disposed of in an approved manner. 37. 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. A. 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. B. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. C. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. D. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. E. 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. F. 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 City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Day, SilverRock, LLC. Adopted: November 3, 2009 Page 14 Section 9.100.040(B)(7). G. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. H. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. J. 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. R7-2008-001. K. For post -construction urban runoff from New Development and Redevelopment 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. The applicant shall document and establish required association maintenance responsibilities within the recorded CC&R's. L. 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 38. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 39. 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 City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 15 purposes. 40. 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. CONSTRUCTION 41. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. MAINTENANCE 42. The as ply shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC and any Maintenance Agreement entered upon or required by the approved DDA and DA. 43. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 44. The applicant shall enter into easements or license agreements for the construction and continuous and perpetual maintenance of all walls and added landscaping that encroach onto the golf course. 45. The applicant shall make provisions for the treatment, protection, and maintenance of all natural wood utilized in the construction of the buildings. The future substitute of any natural wood with alternative or synthetic materials shall be reviewed and approved by the Planning Director prior to issuance of a building permit. FEES AND DEPOSITS 46. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 47, 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). City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 16 48. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code, if applicable. LANDSCAPING 49. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 50. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 51. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 52. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. NOTE: Plans are not approved for construction until signed by the Planning. Director. 53. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along streets. 54. The aoplicant 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, 5t" 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. 55. Measures shall be taken to replace and repair any landscaping or irrigation equipment which is damaged. 56. Any ground -mounted mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 17 height and/or density to fully screen such equipment above its horizontal plane. 57. Any building mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. 58. The applicant shall replace Chilean Mesquite, Bottle Trees, and California Pepper Trees with another similar canopy tree on the Final Landscaping Plans. 59. The design, materials, and colors of the covered parking canopies shall be consistent with the approved units and perimeter screening. Final designs for the covered parking canopies shall be reviewed by the Architecture and Landscaping Review Committee on the Final Landscaping Plans and approved by the Planning Director. 60. Brick pavers or similar decorative paving shall be installed leading from the project entry at Ahmanson Way to the Arrivals Court. Final designs shall be identified on the Final Landscaping Plans, reviewed by the Architecture and Landscaping Review Committee, and approved by the Planning Director. 61. Final Landscaping Plans shall identify enhanced landscaping for screening with significant foliage along all exposed perimeters of the parking structure. 62. The selected resort entry landscaping and wall design alternative (Sheet 8.07, 8.08, and 8.09), or combination of elements, shall be identified in the final landscaping plans provided for review by the Architecture and Landscaping Review Committee and shall be approved by the Planning Director. PLANNING DEPARTMENT 63. The hotel shall provide a shuttle service for guests to the golf clubhouse and future resort areas (hotels, commercial uses, restaurants, etc.) within the SilverRock Resort. 64. The applicant shall provide the Planning Department with three copies of the project's Codes Covenants and Restrictions (CC&Rs) and a deposit of legal fees in the amount of $2,000.00 for their review and approval. These items shall be provided to the City either prior to, or in conjunction with, the applicant's initial application for building permits. 65. The applicant shall offer for dedication an easement across the entire project site, including all units, to hold harmless the golf course and its players for any liability and damages resulting from golf course play. 66. The applicant shall enter into a construction and maintenance agreement with the City regarding construction adjacent to portions of the golf course lake prior to issuance of any grading and building permits. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 18 67. The applicant shall enter into a domestic Water and/or sanitation installation agreement with the Coachella Valley Water District prior to issuance of any grading and building permits. 68. The applicant shall have submitted and received approval from the City an operating agreement in accord with the Disposition and Development Agreement and Development Agreement prior to issuance of any grading and building permits. 69. The applicant shall apply for a Sign Program application for the project site prior to the issuance of any grading and building permits. 70. Any modifications to the phasing of construction shall be reviewed and approved by the Planning Director and Public Works Director. BUILDING AND SAFETY 71. If the design configuration of the buildings results in window or door openings in locations prohibited by the Building Code due to proximity to real property lines, the applicant shall prepare and have recorded a "no -build easement agreement" to create an unbuildable area as necessary, binding to both property owners. Such agreement shall be submitted for review and approval by the Building Official and the City Attorney prior to recordation, if required. OUTDOOR LIGHTING 72. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. An exterior lighting plan with photometric study and manufacturers cut sheets shall be approved by the Planning Director prior to issuance of first building permit for project. FIRE DEPARTMENT 73. Provide or show there exists a water system capable of delivering a fire flow 2500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 74. Fire apparatus access road shall be provided for every facility, building or portion of a building hereafter construction or moved into our within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approve route around the exterior of the building or facility. Exception: When the building is completely protected with an approved automatic fire sprinkler system modification may be made by the chief. - Pursuant to the above section a 200 foot hose pull from a fire access road will be acceptable. City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, LLC. Adopted: November 3, 2009 Page 19 75. Approved accessible on site fire hydrants shall be located not to exceed 330 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 165 feet from a fire hydrant, or as approved by the Fire Department. Fire hydrants shall provide the required fire flow. 76. 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. 77. 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. 78. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 79. Access lanes will not have an up, or downgrade of more than 12%. Access will not be less than 20 feet in width and have an unobstructed vertical clearance not less than 13 feet and 6 inches. For a three story building, the access lane will be not less than 30 feet in width. Access lanes will be designed to withstand the weight of 80 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 weather driving capabilities. 80. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 81. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. 82. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 83. 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" City Council Resolution 2009-094 She Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, U.C. Adopted: November 3, 2009 Page 20 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. 84. A rapid entry Knox Box shall be installed on the outside of the building. If the building/facility is protected with a fire alarm or burglar alarm system, the lock box will require "tamper" monitoring. 85. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. (lnsta0 a complete fire sprinkler system per NFPA 13R. A fire department connection that is 1 %2 " or 2 %2 " shall be wall mounted to the exterior of the building. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department Job card must be at the job site for all inspections). 86. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 87. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 88. A UL 300 hood/duct fire, extinguishing system must be installed over the City Council Resolution 2009-094 Site Development Permit 2007-886 Time Extension No.1, Lowe Destination Dev, SilverRock, L-C. Adopted: November 3, 2009 Page 21 cooking equipment. The extinguishing system must automatically shutdown gas and /or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 89. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 90. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 91. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 92. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 93. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CIVIC 609.0 94. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for ordering the Key Switch. Current plan check deposit based fee is $126.00. The applicant may contact the Fire Department at (760) 863-8886 for a guideline handout.