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CC Resolution 2011-037RESOLUTION NO. 2011 - 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING A SECOND, ONE- YEAR EXTENSION OF TIME TO ALLOW DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: SITE DEVELOPMENT PERMIT 2006-852 APPLICANT: CROWNE POINTE PARTNERS LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 171" day of May, 2011, hold a duly -noticed Public Hearing to consider the request of Crowne Pointe Partners LLC., for a second, one-year time extension of Site Development Permit 2006-852, to allow a 264-unit residential condom inium/townhome project, consisting of 83 Courtyard duplex units, 79 Manor triplex units, and 102 Village townhome units, including a guard gatehouse and two common area pools, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, the City Council of the City of La Quinta, California, did, on the 1"day of April, 2008, and continued to the 15" day of April, 2008, conduct a duly -noticed Public Hearing, and after conducting said Hearing did approve said Site Development Permit by adoption of City Council Resolution 2008-028, subject to conditions; and, WHEREAS, said Site Development Permit was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 3`d day of August, 2010, conduct a duly -noticed Public Hearing, and after conducting said Hearing, did approve the initial one-year time extension for said Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 2 of 17 Site Development Permit by adoption of City Council Resolution 2010-055, subject to amended conditions; and, WHEREAS, the La Quinta Planning Department prepared a Subsequent Environmental Impact Report (' SEIR") State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, which was presented to and certified by the La Quinta City Council on April 15,2008 by adoption of City Council Resolution 2008-024 and in advance of any action on the project applications; and, WHEREAS, the La Quinta Planning Department did cause to be published a City Council Public Hearing notice in The Desert Sun newspaper, on the 60' day of May, 2011, announcing said Hearing on the requested time extension as prescribed by the La Quinta Municipal Code, with said hearing notice having been mailed to all property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the La Quinta City Council did make the following mandatory finding to justify approving a one-year time extension for this Site Development Permit: 1. The requested one year extension of time for Site Development Permit 2006- 852 is justifiable and appropriate, given the circumstances of the project. The ongoing economic conditions, which were becoming evident even as the project approval process continued, have effectively delayed or halted most residential development, and only now are signs of a limited recovery becoming evident. 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 grant approval of a second, one-year extension of time, to April 15, 2012, for Site Development Permit 2006-852, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17' day of May, 2011, by the following vote, to wit: AYES: Council Members Evans and Henderson NOES: Council Member Sniff ABSENT: Council Member Franklin and Mayor Adolph ABSTAIN: None c ' IL NDA EVANS, Mayor ro Tem City of La Quinta, California ATTEST: VERONICA ONTECINO, CMC, City City of La uinta, California (CITY SEAL) APPROVED AS TO FORM: / - /�- --l-k - W. KATH RINE JEN O , City--A-ftorriey City of La Quinta, CWrifornia CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit is granted a one-year extension of time, and shall expire on April 15, 2012, unless granted any subsequent time extension(s) pursuant to Title 9 of the La Quints Municipal Code (§9.200.080; Permit expiration and time extensions). 3. Site Development Permit 2006-852 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Tentative Tract Map 33226 • Development Agreement 2006-011 In the event of any conflict(s) between approval conditions end7er provisions of these approvals, the Planning Director shall determine, -precedence in conjunction with Condition 63, if applicable to the circumstances of any such conflict. 4. Except as set forth herein, prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region) • Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • State Water Resources Control Board Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 5 of 17 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 improvement plans for City approval. A California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the California Regional Water Quality Control Board's (CRWQCB) acknowledgment of the applicant's Notice of Intent (NOI) and Waste Discharge Identification (WDID) number, prior to the issuance of a grading or building permit by the City. 5. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. 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 as required 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 eight handicapped parking stalls. F. Golf cart parking areas shall be provided at various locations in the development, in particular in close proximity to the Village common pool areas. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Planning Department. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off-street parking provisions of the CC & R's subject to City Resolution 2011-037 Site Development Permit 2006-852, Extension N2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 6 of 17 Engineer and Planning Department approval. G. A minimum five -space bicycle rack shall be provided in an appropriate location at or near each common pool facility. 6. 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. 7. 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. 2010- 0014-DWQ. A. For construction activities including clearing, grading or excavation of land, the Permittee 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 accepted 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. Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 7 of 17 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 Council and golf course owner/operator. G. The inclusion in the HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 8. Except as set forth herein, within 30 days of the initiation of any material ground disturbing activity on the project site, the project applicant shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 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. Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West. Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 8 of 17 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities 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 private streets that access public streets and open space/drainage facilities of the master development. 12. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside _ County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. IMPROVEMENT PLANS 13. 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. GRADING 14. Except as set forth, herein, to obtain an approved grading permit, the applicant shall submit and,obtain approval of,all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Best Management Practices report prepared in accordance with LOMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowne Pointe Partners LLC Adopted: May 17, 2011 Page 9 of 17 D. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quints to comply with the Plan as required by the City Engineer. 15. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 15, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 15, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the substantial conformance process and thereby subject to final approval by the City Engineer. DRAINAGF 16. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development, as modified for Tentative Tract Map 33226. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 17. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 18. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 33226. 19. The applicant shall comply with applicable provisions for post -construction Resolution 2011-037 Site Development Permit 2006-852, Extension N2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 10 of 17 runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at 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. A. 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 BMP's 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. 117-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMP's approved by the City Engineer. A project -specific WQMP shall be provided which incorporates Site Design and Treatment BMP's, utilizing first -flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The applicant shall execute and/or obtain and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 20. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. All utility requirements of Tentative Tract 33226 shall be applicable as appropriate to this Site Development Permit approval. CONSTRUCTION 21. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off -Site) 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.. Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 11 of 17 22. The applicant shall provide a copy of an executed agreement with the PGA West Master Association, for maintenance and potential repair associated with the use of PGA Boulevard for construction activities associated with the Eden Rock project. The agreement shall be provided to the City prior to issuance of grading or grading -related permits or activities. This requirement is strictly to verify that the final agreement is in place prior to commencement of any construction, and is not intended to imply that the City of La Quinta is in any way a party to said agreement. This condition shall not apply to permitting for the project perimeter wall. 23. The applicant shall repair and/or replace, as necessary, all portions of the existing temporary "green screen" fencing in all locations where it is visible (i.e. where not obscured entirely from view by existing vegetation) from any point around the property, so as to eliminate any unsightly conditions. The applicant shall maintain the site to avoid dust blowing onto adjacent properties. This requirement shall be effective immediately and remain in force until completion of the project perimeter wall. The City acknowledges that portions of the green screen shall be removed or relocated as part of the perimeter wall construction. LANDSCAPE AND IRRIGATION 24. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC, as applicable. 25. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 26. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, to be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Commission, prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review, along with the appropriate fee. 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, as in effect at time of plan submittal. The City -approved landscape and irrigation plans shall be submitted to the Coachella Valley Water District and Riverside County Agriculture Commissioner for their signature/approval, prior to submittal of the final plans to the Planning Department for City signature. Resolution 2011-037 Site Development Permit 2006-852, Extension N2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 12 of 17 NOTE: Plans are not approved for construction until signed by the Planning Director and/or City Engineer, as applicable. 27. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 28. Project landscaping shall incorporate trailing vines in Village courtyard driveway parking turnaround areas, along wall areas in, general, including perimeter walls, and in other areas of the project where appropriate, subject to review under the landscaping review process as conditioned. 29. Enhanced landscaping shall be provided along the north project boundary, for purposes of screening views of the Manor units from surrounding residential views toward those units. 30. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, Amendment No. 6, as approved, and shall not include tree species which can generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc., as appropriate. 31. 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," 5In Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of-way. 32. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. FIRE PROTECTION The Riverside County Fire Department requires the below listed fire protection measures be provided in accordance with the City of La Quinta Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when complete building plans are reviewed. 33. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM Resolution 2011-037 Site Development Permit 2006-652, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 13 of 17 for a 2-hour duration at 20 PSI. 34. For any buildings with public access, provide or show there exists a water system capable of delivering a fire flow of 1500 gallons per minute for 2 hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 35. Blue dot retro-reflector pavement markers on private streets shall be placed to identify fire hydrant locations, per applicable Riverside County Fire Department Standard. 36. City of La Quinta ordinance requires all buildings 5,000 square feet or larger to be fully sprinkled per NFPA 13/13R/13D Standard. Effective January 1, 2011, all one/two-family dwellings and townhouses will require an automatic residential fire sprinkler system, designed and installed in accordance with HCD R313.3 or NFPA 13D. If required, sprinkler plans will need to be submitted to the Fire Department. 37. Any turnaround requires a minimum 38-foot turning radius. 38. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 39. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 40. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 41. Fire apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access lanes will be designed to withstand the weight of 80 thousand pounds over two 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. 42. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 14 of 17 pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 43. 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. 44. 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. 45. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. FEES AND DEPOSITS 46. 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). 47. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 48. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 49. 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. PLANNING DEPARTMENT 50. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant Resolution 2011-037 Site Development Permit 2006-852, Extension N2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 15 of 17 impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 51. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking throughout the site. 52. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226 and Specific Plan 83-002, Amendment No. 6. 53. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 54. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls through a master wall plan, shall be subject to review and approval by the Planning Department, in accordance with the landscape review process as conditioned. The wall location shall maintain a minimum 15 foot setback from face of curb at any point along PGA Boulevard; however, a request for consideration of an averaged setback may be approved if determined to be appropriate by the Planning Director. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. The perimeter wall shall be generally designed based on the existing walls along PGA Boulevard. It shall be a separate plan submittal for ALRC review and recommendation to the Planning Director. 55. The primary perimeter wall surrounding the entire site shall be installed as part of or prior to the initial project improvements phase. Construction of the perimeter wall and related improvements shall conform to the following schedule: A. Acquire building permit by September 30, 2011; B. Commence wall construction by October 14, 2011; C. Complete wall construction by March 1, 2012. Any request for extension(s) to this schedule must be submitted to the Planning Department for review and approval, at least 10 days prior to the Resolution 2011-037 Site Development Permit 2006-852, Extension N2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 16 of 17 scheduled date. The request must be accompanied by supporting information to justify any such extensionls►. 56. After the construction of the perimeter wall, the initial phase of project improvements shall also include the full extent of the golf cart path realignment as shown on the approved tentative map exhibit. 57. All vehicular and pedestrian courtyards shall be developed with decorative pavers. All tile roofs shall be Mission clay, and. incorporate a built-up mudding effect. All stucco coatings shall be a smooth, hand -trowel finish. 58. Applicant shall provide a common area recreation and amenity plan, including options for active recreational use amenities, to the Planning Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 59. The applicant shall submit detailed lighting plans for all common areas and buildings, and for all residential structures, to the Planning Department for review and approval as part of the building plan check. Lighting plans shall include site lighting, and all proposed fixture details and schedules for buildings and outdoor areas. 60. Any architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a non-public hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and is revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building.plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 61. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 62. Any future time extension requests for Site Development Permit 2006-852 shall be subject to scrutiny in consideration of approval conditions for TT 33226. Should any requisite condition changes to the Site Development Permit conflict with existing TT 33226 conditions, an amendment to the Resolution 2011-037 Site Development Permit 2006-852, Extension #2 Eden Rock At PGA West, Crowns Pointe Partners LLC Adopted: May 17, 2011 Page 17 of 17 tentative map in order to address said conflict may be required, subject to a determination by the Planning Director. 63. Within 30 days of the approval date of this time extension, the applicant shall have established a perimeter boundary for the overflow parking area, currently used by the PGA West Tournament Clubhouse on the project site, and shall have treated the soil with soil stabilizer(s), to the satisfaction of the Public Works Director. 64. Within 30 days of the approval date of this time extension, the applicant shall have submitted a Fugitive Dust Control Plan (FDCP) application and required security, for review and approval, to the Public Works Department. The FDCP shall be prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control). The FDCP shall be fully implemented within 30 days of its approval by the City. 65. Within 60 days of the approval date of this time extension, the applicant shall have submitted to the City all plans and documentation necessary for review and approval of the perimeter wall permit. 66. Failure to comply with Conditions 63, 64 or 65 of this time extension shall cause Site Development Permit 2006-852 to be null and void.