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2019 05 14 PC
PLANNING COMMISSION AGENDA 1 MAY 14, 2019 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, MAY 14, 2019 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE MINUTES OF APRIL 23, 2019 BUSINESS SESSION - None STUDY SESSION - None Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.gov PLANNING COMMISSION AGENDA 2 MAY 14, 2019 PUBLIC HEARING Declaration regarding Public Contacts 1. CONTINUED FROM APRIL 23, 2019 - ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. [RESOLUTION 2019-007] 2. ADOPT A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018-0014 AND TENTATIVE TRACT MAP 2018-0006 (TTM 36875) TO CONSTRUCT 16 SINGLE-FAMILY HOMES ON 3.22 ACRES. APPLICANT: DESERT LAND HOLDINGS. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2015- 0002 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: SOUTHEST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE. [RESOLUTION 2019-008] REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEMS - None ADJOURNMENT The next regular meeting of the Planning Commission will be held on May 28, 2019, commencing at 6:00 p.m. at the City Hall Council Chamber, 78-495 Calle Tampico, La Quinta, California. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on May 9, 2019. DATED: May 9, 2019 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California PLANNING COMMISSION AGENDA 3 MAY 14, 2019 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777-7118, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777- 7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 APRIL 23, 2019 PLANNING COMMISSION MINUTES TUESDAY, APRIL 23, 2019 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson McCune. PRESENT: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune ABSENT: None STAFF PRESENT: Design and Development Director Danny Castro, Planning Manager Cheri L. Flores, Commission Secretary Wanda Wise- Latta and Administrative Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Quill led the Planning Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED APRIL 9, 2019 MOTION – A motion was made and seconded by Commissioners Caldwell/Currie to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION DECLARATIONS REGARDING PUBLIC CONTACTS: There were no public contacts to report regarding Business Session Item No. 1 and Public Hearing Item No. 1 before the Planning Commission for consideration. It was CONSENT CALENDAR ITEM NO. 1 5 PLANNING COMMISSION MINUTES 2 APRIL 23, 2019 noted that Commissioners Bettencourt, Caldwell, Currie, Proctor and Chairperson McCune participated in a progress tour of SilverRock Resort earlier in the day. 1. ADOPT A RESOLUTION TO APPROVE ZONING ORDINANCE AMENDMENT 2019-0001, PROPOSING TO AMEND SECTION 9.60.340 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE REGARDING FLAGPOLES. APPLICANT: CITY OF LA QUINTA. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE. LOCATION: CITY-WIDE. Planning Manager Cheri L. Flores presented the staff report, which is on file in the Design and Development Department. Staff responded to Planning Commissioners’ inquiries regarding regulating the information on flags that can be flown. MOTION: A motion was made and seconded by Commissioners Bettencourt/Currie to find the project exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 (b)(3), Review for Exemptions – General Rule and adopt Planning Commission Resolution 2019-006 recommending to the City Council approval of Zoning Ordinance Amendment 2019- 0001, approving an amendment to Section 9.60.340 of the La Quinta Municipal Code. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. STUDY SESSION - None PUBLIC HEARING 1. ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. Chairperson McCune noted that the applicant was not present. Planning Manager Flores presented the staff report, which is on file in the Design and Development Department. Staff responded to Planning Commissioners’ inquiries regarding concerns staff may have had with the application to which staff noted that the height of the monopalm was a concern, but allowable per the La Quinta Municipal Code; small cell telecommunication facilities and their possible impact on monopalm 6 PLANNING COMMISSION MINUTES 3 APRIL 23, 2019 telecommunication facilities; height of other cell towers located in the City; 90-foot height of proposed monopalm; impact of proposed project on surrounding properties and adjacent future development; ownership of the monopalm wireless telecommunication facility; materials used to construct the wall enclosure of telecommunication facility; 24-hour contact information for those who would be responsible for the maintenance of the proposed telecommunication facility; and adequate detailing regarding the design of the live palms. CHAIRPERSON MCCUNE OPENED THE PUBLIC HEARING AT 6:23 P.M. PUBLIC SPEAKER: Karen Kowalewski, Housing Administrator, Hadley Villas, La Quinta – spoke in opposition to the project due to concerns about the impacts of radio frequencies and the proximity of the proposed project to residential properties. MOTION: A motion was made and seconded by Commissioners Wright/Proctor to continue Conditional Use Permit 2018-006 to the May 14, 2019 Planning Commission meeting. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEMS – None COMMISSIONERS’ ITEMS Commissioner Bettencourt commented on his visit to the Floresta development by Beazer Homes located near Avenue 52 and Jefferson Street. STAFF ITEMS Staff provided an update regarding the timelier distribution of staff level decisions for special events that occur soon after staff approval. Staff provided information about the Highway 111 Corridor Area Plan Charrettes being held April 24, 25 and 26, 2019. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Bettencourt/Wright to adjourn this meeting at 6:42 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California 7 City of La Quinta PLANNING COMMISSION MEETING: May 14, 2019 STAFF REPORT AGENDA TITLE: CONTINUED FROM APRIL 23, 2019 - ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90- FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. PROJECT INFORMATION CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T PROPERTY OWNER: MEGA DEALER (TORRE NISSAN) REQUEST: ADOPT A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY LOCATION: AUTO CENTRE WAY, SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET; APN 600-340-018 CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION Find the project exempt from environmental review pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA) and adopt a resolution to approve Conditional Use Permit 2018-0006 for the construction of a 90-foot monopalm wireless communication facility. EXECUTIVE SUMMARY • AT&T is requesting approval of a 90-foot tall telecommunications tower camouflaged as a Date Palm tree on the property located at the southwest corner of Auto Centre Way and Auto Centre Drive, east of Adams Street (Attachment 1). PUBLIC HEARING NO. 1 9 • Twelve antenna panels will attach to the tower at a height of 81 feet and associated ground-mounted mechanical equipment will be located in an enclosure near the base of the tower. • The proposed facility will fill a gap in AT&T wireless service that currently exists in this area of La Quinta. BACKGROUND/ANALYSIS The project site is located on property owned by Torre Nissan at the southwest corner of Auto Centre Way and Auto Centre Drive, east of Adams Street (Attachment 2). The property is currently being used to park overstock vehicles from Torre Nissan under a Temporary Use Permit. The applicant has secured permission to lease a portion of the property near the south property line (Attachment 3). The tower includes total of twelve antenna panels mounted at a height of 81 feet and will be camouflaged with faux palm fronds (Attachment 4). Telecommunications facilities, such as monopalm cell towers, are regulated by Chapter 9.170 of the La Quinta Municipal Code and allow for towers up to 100 feet in height. Support equipment, consisting of multiple cabinets and a backup generator, is proposed to be ground-mounted within a 25-foot by 25-foot enclosure located at the base of the tower. The enclosure consists of CMU (concrete masonry block) walls at a height of 8 feet. A wrought iron gate will provide access into the enclosure. Two Date Palm trees, approximately 25 feet in height will be planted around the tower and enclosure. The total lease area for the telecommunications facility is approximately 650 square feet. The facility will be in operation 24 hours a day, 7 days a week and will be unmanned. A networks operation personnel member will visit the site every 4-6 weeks for general maintenance review. Site Justification: AT&T has identified a significant gap in coverage in the Highway 111 area and surrounding community as identified on their submitted radio frequency (RF) map (Attachment 5). The placement of the monopalm at this location would improve coverage to customers in the area. Alternative locations were explored but were found infeasible since there were no other willing leasing partners in the area (Attachment 6). AGENCY AND PUBLIC REVIEW Public Hearings: The Planning Commission (PC) held a public hearing on April 23, 2019 and had several concerns with the proposal including the material type of the block wall around the equipment enclosure, maintenance of the property and landscaping, 10 and the interplay with the proposed residential development to the south (Centre at La Quinta). One public comment was given during the hearing regarding RF (Radio Frequency) radiation of the cell tower in proximity to the Hadley Villas senior community located west of the project site. An email correspondence was received prior to the hearing and was handed out at the public hearing. PC voted to continue the public hearing to May 14, 2019 to give the applicant a chance to respond to the concerns since the applicant was not able to attend the public hearing. In order to address these concerns, staff has added conditions of approval including a condition that requires the applicant to provide the City with a 24- hour contact to receive maintenance complaints, and a condition that requires a slumpstone or split-faced block wall for the equipment enclosure. Public Agency Review: This request was sent to all applicable City departments and affected public agencies. All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice: This project was advertised in The Desert Sun newspaper on April 13, 2019 and mailed to all property owners within 500 feet of the site. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15303 (Class 3) of the California Environmental Quality Act for new construction or conversion of small structures. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Project Information 2. Project Area Map 3. Draft Lease Agreement 4. Conditional Use Permit Plans 5. RF Maps 6. Justification Letter 11 12 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A 90-FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND EQUIPMENT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of May 2019, hold a duly noticed Public Hearing, as continued from the regularly scheduled Public Hearing on April 23, 2019, to consider a request by AT&T for approval of a 90-foot tall monopalm wireless telecommunication tower and mechanical equipment, generally located at the southwest corner of Auto Centre Drive and Auto Centre Way, east of Adams Street, more particularly described as: APN: 600-340-018 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on April 13, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 did make the following mandatory findings pursuant to Section 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit: 1. Consistency with General Plan The design of the proposed wireless facility is consistent with La Quinta General Plan, which requires utilities and communication facilities to be available, adequate and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will ensure that the public has access to such services. The placement of the monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to the public health, safety and general welfare. The facility 13 will provide enhanced communication services to the surrounding area, including emergency and public safety communications. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The proposed wireless telecommunication facility minimizes adverse visual impacts by utilizing a small footprint, and is proposed as a stealth Monopalm, which fronds minimize the visual impacts of the facility. 4. Tower Design The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provider’s objectives for coverage within this portion of the community. The proposed camouflaged wireless communications facility, as conditioned, to be a 90-foot facility is consistent with City of La Quinta development standards for wireless telecommunication facilities. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant’s justification letter, to continue and improve community access to wireless service from the project site. Therefore, this facility is necessary to improve community access to wireless services. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2018-0006 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. 14 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 14th day of May 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ KEVIN MCCUNE, Chairperson City of La Quinta, California ATTEST: _______________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 15 16 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 1 of 8 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 Conditional Use 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 Conditional Use Permit shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on May 14, 2021 and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 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: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Public Works Development Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) 17 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 2 of 8 • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission • Federal Aviation Administration 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. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in agreements for the development. 9. The applicant shall cause no easement to be granted, or recorded in the public right of way unless such easement is approved by the City Engineer. 18 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 3 of 8 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. 10. 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). 11. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site 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 accessibility requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 12. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 13. 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, 19 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 4 of 8 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. UTILITIES 14. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 15. 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 electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 16. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. LANDSCAPE AND IRRIGATION 17. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 18. The applicant shall submit the landscape plans for approval to plan checking by the Planning Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager and/or the City Engineer. NOTE: Plans are not approved for construction until signed by both the Planning Manager and/or the City Engineer. 19. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager and/or City Engineer. 20. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 20 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 5 of 8 21. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 22. All landscaping shall consist of, at minimum, 36” box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. 23. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process as a New Final Landscape Plan. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official. 24. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Manager a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. 25. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 26. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 27. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. Any disturbed areas including landscaping shall be replaced in-kind. FEES AND DEPOSITS 28. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees 21 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 6 of 8 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. 29. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). PLANNING 30. The proposed telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time; power densities that exceed current FCC adopted standards for human exposure for RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. 31. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City’s noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site consistent with the facility’s original approval. 32. The panel antennas shall be mounted securely to the monopalm tower. All antennas and antenna arrays shall be painted to match the faux palm fronds and shall be shielded from view by the tower’s faux palm fronds. The final design of the screening material shall be approved by the Design and Department Director. 33. The wall of the equipment enclosure shall be made of slumpstone or split-faced block material. The access gate on the equipment enclosure shall be of wrought- iron material with metal mesh screening. No chain link fencing shall be used. 34. The proposed monopalm shall be approved at a height of 90 feet. 35. Branches shall extend a minimum of 18 inches beyond the antenna arrays. 36. The monopalm structure shall include fifty (50) fronds for maximum antenna screening. 22 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 7 of 8 37. Three (3) live Date Palm Trees shall be planted near the equipment enclosure in order to help stealth the facility. 38. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 39. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 40. AT&T, or successor, shall have a continuing obligation to respond to and resolve any and all complaints associated with any potential interference with frequencies related to residential and/or life safety communications and operations. Response shall be within 48 hours of receipt of notice of any such complaints. 41. AT&T, or successor, shall provide the Planning Division with the name and contact information of the maintenance representation who shall be available 24 hours a day, seven days a week to receive calls regarding facility maintenance. Response shall be within 48 hours of receipt of such notice of complaints. 42. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths-of- travel. 43. The wireless telecommunication facility operators are required to notify the City of La Quinta’s Planning Division within sixty (60) days of any change of ownership of the facility. 44. This telecommunication facility is subject to a ten-year review by the Planning Commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer. 45. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 46. No cables, conduit or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. 23 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T Page 8 of 8 47. The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the faux palm treatment and all landscaping, including the required additional live palm tree and plantings around the equipment enclosure, in a live healthy status. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City. FIRE 48. Existing fire department access lanes shall be maintained. 49. All structures shall be installed per approved plans. 50. A Fire Department final inspection is required. Please contact the Fire Department to schedule inspections. Requests for inspections are to be made at least 72 hours in advance and may be arranged by calling 760-777-7131. 51. One (1) 2A-10BC minimum fire extinguisher shall be provided and mounted from 3.5'' to 5' in height from finish floor before final inspection. 52. On NFPA 704 Placard shall be provided as required for any use of hazardous materials needed for the operation of cell equipment. 53. A KNOX box with access key(s) is to be installed at front of equipment room for fire department access. BUILDING 54. The proposed structure including miscellaneous site support facility construction will require permitting based on the applicable code at time of submittal for construction. 55. Please obtain facility addressing from the building division prior to submittal of plans for construction permitting and electrical service from Imperial Irrigation District. 24 Project Information CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T PROPERTY OWNER: MEGA DEALER (TORRE NISSAN) REQUEST: THE PLACEMENT OF A 90-FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND MECHANICAL EQUIPMENT LOCATION: AUTO CENTRE WAY, SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET; APN 600-340-018 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: REGIONAL COMMERCIAL AUTO DEALERSHIPS SOUTH: MEDIUM DENSITY RESIDENTIAL VACANT EAST: REGIONAL COMMERCIAL VACANT WEST: REGIONAL COMMERCIAL, MEDIUM DENSITY RESIDENTIAL VACANT, HADLEY VILLAS WEST OF ADAMS STREET LAKE LA QUINTA TO SOUTHWEST ATTACHMENT 1 25 26 HIGHWAY 111 AUTO CENTR E D R I V E AUTO CENTRE WAYADAMS STREETSITE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GISUser Community PROJECT AREA MAP ATTACHMENT 2 27 28 Market: Los Angeles Cell Site Number: CLU6268 Cell Site Name: Tatooine Fixed Asset Number: 11585737 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by Mega Dealer, a corporation, having a mailing address of 79125 Highway 111, La Quinta, CA 92253 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, 13F, West Tower, Atlanta, GA 30324 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 79125 Highway 111, La Quinta, CA 92253, in the County of Riverside, having an APN of 600-340-018 (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1.LEASE OF PREMISES. Landlord hereby leases to Tenant a certain portion of the Property containing approximately 800 square feet including the air space above such ground space, as described on attached Exhibit 1 (the “Premises”) for the placement of Tenant’s Communication Facility. 2.PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”) as may reasonably be required during construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant’s expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant’s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the ATTACHMENT 3 29 same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or then-existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated prior to the end of the final Extension Term, , then upon the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term ("Term"). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, One Thousand and No/100 Dollars ($1,000.00) (the “Rent"), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Rent Commencement Date. (b) In year one (1) of each Extension Term, the monthly Rent will increase by seven and one-half percent (7½%) over the Rent paid during the previous five (5) year term. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant’s Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. 30 (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 6(d) Termination, 11(d) Environmental, 18 Condemnation or 19 Casualty. 7. INSURANCE. (a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Tenant’s CGL insurance shall contain a provision including Landlord as an additional insured. Such additional insured coverage: (i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and (iii) shall not exceed Tenant’s indemnification obligation under this Agreement, if any. (b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection (a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection (a)): (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and 31 (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies use on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party, if exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to, in interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any 32 liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord ; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. ENVIRONMENTAL. (a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos- containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or third party, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such 33 Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant’s request, Landlord shall execute additional letters during the Term. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant’s damages until Landlord cures such default. Landlord and Tenant agree that Tenant’s damages in the event of a denial of access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such utility 34 companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as reuired by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty- five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord’s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: CLV0632; Cell Site Name: Mountain View (CA) Fixed Asset #.: 12794058 575 Morosgo Drive NE, 13F, West Tower Atlanta, GA 30324 With a copy to New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept – Network Operations Re: Cell Site #: CLV0632; Cell Site Name: Mountain View Fixed Asset #: 12794058 208 S. Akard Street Dallas, TX 75202-4206 35 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Mega Dealer 79125 Highway 111 La Quinta, CA 92253 Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. (a) Landlord shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be responsible for any taxes and assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in 36 this Section 21. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant within such time period, Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17 and, in addition, of a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Agreement, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax addresses changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities. New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration -- Taxes Re: Cell Site # CLV0632; Cell Site Name: Mountain View, CA (CA) Fixed Asset #: 12794058 575 Morosgo Drive NE, 13F, West Tower Atlanta, GA 30324 37 (g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. 22. SALE OF PROPERTY. (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill v. New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord’s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. (d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with this Agreement (“Rental Stream Offer”), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. 38 The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. 39 (k) W-9. As a condition precedent to payment Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address. (l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. [SIGNATURES APPEAR ON NEXT PAGE] 40 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. "LANDLORD" Mega Dealer, a corporation By: Print Name: Its: Date: By: Print Name: Its: Date: "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 41 TENANT ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) BE IT REMEMBERED, that on this _____ day of ____________, 20___ before me, the subscriber, a person authorized to take oaths in the State of ___________________, personally appeared __________________________ who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: 42 ATTACHMENT 4 ATTACHMENT 443 44 45 46 47 48 49 50 51 52 53 54 55 Date: 3/29/2019 Site Name: AT&T CLU6828 Address: 79125 Highway 111 La Quinta, CA 92253 Applicant: AT&T 1452 Edinger Ave. Tustin, CA 92780 Contact: Gina Pappas Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 gina.pappas@eukongroup.com Certificate of Authenticity / Disclaimer: Eukon Group warrants that this photo simulation is an accurate representation of the proposed site based upon the project plans and additional information provided by the Applicant. The final constructed site may vary. Prepared by: Anika Denton Graphic Detail Productions ajdenton@gdprod.com S I T E P H O T O S I M U L A T I O N SS I T E P H O T O S I M U L A T I O N S Images from Google Earth 2017© Subject Site 1 3 X 2 4 5 56 Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 1 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 View 1 Looking southeast from Auto Centre Dr. toward subject site. Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 57 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Existing Photosimulation 2 Subject Site X View 2 Looking northeastfrom Adams St. toward subject site. AT&T 1452 Edinger Ave. Tustin, CA 92780 58 View 3 Looking northeast from Adams St. toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation3 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 59 View 4 Looking southwestfrom La Quinta Dr. toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 4 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 60 View 5 Looking southwestfrom Highway 111 toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 5 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 61 62 LTE Justification Plots Market Name: Los Angeles Site ID: CSL06268 Site Address: 79125 Highway 111, LA Quinta, CA 92253 ATOLL Plots Completion Date: Mar 09, 2018 ATTACHMENT 5 ATTACHMENT 5 63 Page 2 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. ❖Propagation of the site plots are based on our current Atoll (Design tool) project tool that shows the preferred design of the AT&T 4G-LTE network coverage. ❖The propagation referenced in this package is based on proposed LTE coverage of AT&T users in the surrounding buildings, in vehicles and at street level . For your reference, the scale shown ranges from good to poor coverage with gradual changes in coverage showing best coverage to marginal and finally poor signal levels. ❖The plots shown are based on the following criteria: ➢Existing: Since LTE network modifications are not yet On-Air. The first slide is a snap shot of the area showing the existing site without LTE coverage in the AT&T network. ➢The Planned LTE Coverage with the Referenced Site : Assuming all the planned neighboring sites of the target site are approved by the jurisdiction and the referenced site is also approved and On-Air, the propagation is displayed with the planned legends provided. ➢Without Target site : Assuming all the planned neighboring sites are approved by the jurisdiction and On-Air and the referenced site is Off-Air, the propagation is displayed with the legends provided. Assumptions 64 Page 3 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage Before site CSL06268 65 Page 4 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage After site CSL06268 66 Page 5 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage standalone site CSL06268 67 Coverage Legend In-Building Service:In general, the areas shown in dark green should have the strongest signal strength and be sufficient for most in-building coverage. However, in-building coverage can and will be adversely affected by the thickness/construction type of walls, or your location in the building (i.e., in the basement, in the middle of the building with multiple walls, etc.) In-Transit Service: The areas shown in the yellow should be sufficient for on - street or in-the-open coverage, most in-vehicle coverage and possibly some in-building coverage. Outdoor Service:The areas shown in the purple should have sufficient signal strength for on-street or in-the-open coverage, but may not have it for in- vehicle coverage or in-building coverage. 68 ATTACHMENT 6 69 70 City of La Quinta PLANNING COMMISSION MEETING: May 14, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE A SITE DEVELOPMENT PERMIT 2018-0014 AND TENTATIVE TRACT MAP 2018-0006 (TTM 36875) TO ALLOW CONSTRUCTION OF 16 SINGLE-FAMILY HOMES ON 3.22 ACRES. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2015-0002 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE. PROJECT INFORMATION CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0014 TENTATIVE TRACT MAP 2018-0006 (TTM 36875) APPLICANT: DESERT LAND HOLDINGS PROPERTY OWNER: JIM SNELLENBERGER REQUEST: ADOPT RESOLUTION TO APPROVE A SITE DEVELOPMENT PERMIT, AND TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 16 SINGLE-FAMILY HOMES ON 3.22 ACRES. LOCATION: SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE; APN 600-080-001 through 009; 600-080-041, 042 CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT PREPARED ENVIRONMENTAL ASSESSMENT 2015-0002 FOR THE ORIGINAL PROJECT IN 2016, IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE DEPARTMENT HAS DETERMINED THAT THE PROJECT HAS NOT SUBSTANTIALLY CHANGED, AND THAT THE FINDINGS OF ENVIRONMENTAL ASSESSMENT 2015- 0002 STILL APPLY TO THIS PROJECT. NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. RECOMMENDATION Adopt resolution to approve Site Development Permit 2018-0014 and Tentative Tract Map 2018-0006 (TTM 36875) subject to the Findings and Conditions of Approval. PUBLIC HEARING NO. 2 71 EXECUTIVE SUMMARY • The applicant received approval for this project in 2016. At the time, the applications included a Zone Change to Medium Density Residential, a Specific Plan to allow for variations from the City’s Zoning standards, a Site Development Permit (SDP) for the architecture and landscaping of the homes, and a Tentative Tract Map (TTM) to subdivide the land into single-family lots, as well as lots for the cul-de-sac and a retention basin. The SDP and TTM were scheduled to expire in September of 2018. The applicant filed an extension application in a timely manner prior to expiration, and immediately applied for the amended project. The extension application was put on hold pending determinations on these applications. • The project took access from Palm Circle Drive, a private street controlled by the adjacent Westward Isle condominiums. The applicant has been unable to secure access rights from the homeowners’ association. • The applicant has redesigned the project to take access from Jefferson Street. • No change to the architecture or landscape concepts are proposed from the 2016 approval BACKGROUND/ANALYSIS The property proposed for development consists of approximately 3.22 net acres that once contained several residences and a portion of Indian Springs golf course, which were established beginning in the early 1970’s. The homes were subsequently purchased by the City and demolished to allow construction of the Jefferson Street Bridge in 2006. The applicant entered into a purchase and sale agreement with the City and has since purchased the properties. Site Development Permit Site Design The project takes access from a single roadway onto Jefferson Street which connects to the two lane roadway which services each lot. The site design incorporates 16 single-family lots, with an on-site retention basin located immediately south of the access roadway (Attachment 1; Sheet 1). Architectural Design The architectural style proposed for this project is based on California Ranch style, and proposes three floor plans, each with 2 elevation variations (Attachment 1; Sheets A1.0 to A1.5). The plans range in size from 1,815 to 2,305 square feet, and are all single-story homes with a height of 16 feet. The elevations illustrate the color schemes to be employed, which consist of earth tones. 72 The homes will include stucco walls and concrete tile roofs. Some architectural detailing is provided on columns and wainscot areas, varying slightly between the elevations. Overall, the architecture as proposed is consistent with existing development in the surrounding Westward Ho area. Landscaping The landscaping consists of preliminary planting plans for the project entry, the individual units and the retention basin (Attachment 1; Sheets P-1, P-3 and P- 4). The plant palette incorporates typical desert compatible species, such as Palo Brea and Acacia trees, along with shrubs such as Desert Marigold, Red Bird of Paradise and Lantana. There is no turf proposed in any of the landscape elements. The plans identify all trees as 24-inch box; however, the typical minimum caliper standard of 2.5 inches for 36-inch box size has been incorporated with the recommended conditions. In addition to these common areas, front yard landscaping will be provided. It features desert landscaping consistent with the common entry and retention area. Rear yards will be the responsibility of individual homeowners. Lighting Lighting proposed within the project consists of LED landscape lighting at the project entry, common retention basin and the individual units (Attachment 1; Lighting Legend Sheets P-1, P-3 and P-4). No exterior building lighting is shown, though it will likely be provided. Lighting is very low-level and typical of a single-family home development, and the conditions require detailed lighting plans to be submitted for plan check, which will include fixture schedules. Tentative Tract Map The Tentative Tract Map subdivides the property into 16 lots with a central private access drive and interior roadway (Attachment 2). A retention area is also proposed at the entry. The lots will be a minimum of 5,000 square feet, which is consistent with the Specific Plan previously approved for the property. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice This project was advertised in The Desert Sun newspaper on May 3, 2019, and mailed to all property owners within 500 feet of the site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the Planning Commission hearing. 73 ENVIRONMENTAL REVIEW The Planning Division prepared Environmental Assessment 2015-0002 for this project when it was originally approved in 2016, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Initial Study was distributed to the City’s responsible agencies. No comments on the Initial Study were received during and after the 20-day comment period. The City adopted a Mitigated Negative Declaration for the project. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Site Development Permit Plan Set 2. Tentative Tract Map 36875 74 1 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2018- 0014 AND TENTATIVE TRACT MAP 36875 (TTM 2018-0006) TO ALLOW THE DEVELOPMENT OF 16 HOMES ON A 3.22 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE CASE NUMBERS: SITE DEVELOPMENT PERMIT 2018-0014 TENTATIVE TRACT MAP 36875 (TTM 2018-0006) APPLICANT: DESERT LAND HOLDINGS LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of May, 2019, hold a duly noticed Public Hearing to consider a request by Desert Land Holdings LLC for Site Development Permit and Tentative Tract Map approval of 16 single family homes on 3.22 acres, more particularly described as: APN 600-080-001 thru 009; 600-080-041, 042 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 3, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Site Development Permit 2018-0014 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 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 General Plan The proposed development is consistent with the General Plan land use designation of Medium High Density Residential. The City’s General Plan policies relating to Medium High Density Residential include small lot single-family homes. Planning Commission Resolution 2019 - Site Development Permit 2018-0014 Tentative Tract Map 36875 (TTM 2018-0006) Villas at Indian Springs May 14, 2019 Page 2 of 4 2. Consistency with Zoning Code and Specific Plan The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and the Specific Plan, in terms of site plan and landscaping. The site development permit has been conditioned to ensure compliance with the Specific Plan standards for lot size and setbacks. 3. Compliance with California Environmental Quality Act The Design and Development Department prepared Environmental Assessment 2015-0002, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that the project is substantially the same as the previously proposed project, that conditions have not changed, and that the findings and mitigation measures contained in EA 2015-0002 shall apply to this project. 4. Architectural Design The proposed homes, as conditioned, are consistent with the Specific Plan and Zoning Ordinance, and with development in the surrounding area. 5. Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 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. The proposed perimeter wall along with landscape improvements are designed and sized to provide visual appeal while adequately screening the project from public view. Tentative Tract Map 36875 (TTM 2018-0006) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be Planning Commission Resolution 2019 - Site Development Permit 2018-0014 Tentative Tract Map 36875 (TTM 2018-0006) Villas at Indian Springs May 14, 2019 Page 3 of 4 heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Tract Map 36875 is consistent with the La Quinta General Plan, and Specific Plan 2015-0002. The Tract Map is consistent with the Medium Density Residential land use designation as set forth in the General Plan, and as set forth in Specific Plan 2015-0002. 2. The design and improvement of Tentative Tract Map 36875 is consistent with the La Quinta General Plan, and Specific Plan 2015- 0002 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created herein. The project density is consistent with the La Quinta General Plan and Specific Plan 2015-0002 and is comparable to surrounding residential development. 3. The design of Tentative Tract Map 36875 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department prepared Environmental Assessment 2015-0002, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that the project is substantially the same as the previously proposed project, that conditions have not changed, and that the findings and mitigation measures contained in EA 2015-0002 shall apply to this project. 4. The design of Tentative Tract Map 36875 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The design and improvements required for Tentative Tract Map 36875 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. Planning Commission Resolution 2019 - Site Development Permit 2018-0014 Tentative Tract Map 36875 (TTM 2018-0006) Villas at Indian Springs May 14, 2019 Page 4 of 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2015-0002; SECTION 3. That it does hereby approve Site Development Permit 2018-0014 and Tentative Tract Map 36875, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A and Exhibit B]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 14th day of May 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: NONE _________________________________ KEVIN MCCUNE, Chairperson City of La Quinta, California ATTEST: _______________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 1 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2018-0014 shall comply with all applicable conditions and/or mitigation measures for the following related approval: • Environmental Assessment 2015-0002 • Tentative Parcel Map 36875 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) EXHIBIT A 79 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 2 • South Coast Air Quality Management District Coachella Valley (SCAQMD) 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. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. 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 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. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 80 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 3 (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. D. 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. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs is required. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for 81 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 4 engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. 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 open space/drainage facilities of the master development. 10. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. Lot E and Lot F shall remain as City property for public street, utility, landscape, and pedestrian purposes. 12. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 82 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 5 Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the preliminary grading plan or as approved by the City Engineer. 14. Right-of-way geometry for standard Cul-de-sacs and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 15. 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. 16. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of- ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 17. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 18. Direct vehicular access to Jefferson Street and Palm Circle from lots with frontage along Jefferson Street and Palm Circle is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 19. The applicant shall furnish proof of easements, or written permission, as 83 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 6 appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. 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. 21. 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. 22. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development 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. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 84 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 7 1" = 40' Horizontal, 1"= 4' Vertical (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. 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 formatted approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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 hydrant) and Street name Signs per Public Works Standard Plans and/or as approved by the Engineering Division. “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. 23. 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 Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings 85 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 8 hyperlink. 24. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 25. 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 EOR 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 26. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and labor & Material Bonds each valued at 100% of the cost of the off-site improvements. 27. 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. 28. Depending on the timing of the development of this Site Development Permit, 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 86 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 9 reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit. 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 20% 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, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. 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. 30. 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. 87 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 10 GRADING 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. 33. 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 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), E. A WQMP prepared by an engineer registered in the State of California, F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended 88 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 11 by the City of La Quinta to comply with the Plan as required by the City Engineer. 34. 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. 35. 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. 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 (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 36. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 37. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 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. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit Preliminary Grading Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 89 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 12 39. 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. DRAINAGE 40. Stormwater handling shall conform with the approved hydrology and drainage report for Indian Springs Villas. Nuisance water shall be disposed of in an approved manner. 41. 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. 42. 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. 43. 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. 90 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 13 44. 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. 45. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 46. 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. 47. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 48. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 49. 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. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. If permitted by the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the 91 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 14 development’s drainage discharge which may be required under the City’s NPDES Permit or other City or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this site development permit excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. 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. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater 92 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 15 Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 54. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 55. The applicant shall construct a sewer line stub up to the edge of this project to allow for the future connection of existing units within the Westward Isle community to the sewer line that services Villas at Indian Springs. 56. 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. 57. 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. 58. 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. STREET AND TRAFFIC IMPROVEMENTS 59. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 93 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 16 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 60. 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 flowline 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. 61. The applicant shall construct the following street improvements to conform with the General Plan: A. PRIVATE STREETS 1) Private residential streets measured at gutter flow line to gutter flow line shall have a minimum 32 feet travel width with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall also specify and enforce guest parking regulations throughout the project. The CC&R’s shall be reviewed by the Development and Planning Divisions and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 3) Other appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the preliminary grading plan or as approved by the City Engineer. 94 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 17 62. 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. 63. 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. 64. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 65. 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. CONSTRUCTION 66. 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. 95 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 18 LANDSCAPING AND IRRIGATION 67. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 70. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 71. Front yard landscaping for each dwelling shall consist of, at minimum, 36- inch box trees (i.e., a minimum 2.5-inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 72. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director and/or City Engineer. 73. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 96 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 19 74. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 75. Lighting plans and /or lighting fixture schedules and details for both exterior building lighting and landscape lighted areas shall be provided as part of the Final Landscape Plan submittal set. 76. Exterior building lighting shall be photocell activated. 77. Applicant shall incorporate a pedestrian pathway that provides direct access from the driveway to the front door areas for each of the homes. PUBLIC SERVICES 78. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 80. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 81. 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. 97 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 20 82. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). AIRPORT LAND USE COMMISSION 83. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. 84. The following uses are prohibited: A. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. B. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. C. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. D. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 85. The ALUC mandated “Notice of Airport in the Vicinity” shall be provided to all potential purchasers of the proposed lots and tenants of the homes thereon. 86. Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project 98 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0014 VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 21 landscaping. FIRE DEPARTMENT 87. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, Riverside County Ordinance 787 and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 88. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, Riverside County Ordinance 460, Riverside County Ordinance 787, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 89. Submittal to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. 99 100 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 1 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 Tentative Tract Map, 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 Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.la-quinta.org. 3. Tentative Parcel Map 37683 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2015-0002 Site Development Permit 2018-0014 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. 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 • La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) EXHIBIT B 101 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 2 • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) 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. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 102 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 3 B. 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. C. 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. D. 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. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs is required. 7. 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. 103 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 4 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. 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. 10. 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 open space/drainage facilities of the master development. 11. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. Lot E and Lot F shall remain as City property for public street, utility, landscape, and pedestrian purposes. 13. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 104 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 5 Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R’s. The CC&R’s shall be reviewed and approved by the Design and Development Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map or as approved by the City Engineer. 15. Right-of-way geometry for standard dul-de-sacs and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 16. 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. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1” equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 17. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 18. The applicant shall offer for dedication on the Final Map a ten-foot wide 105 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 6 public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 19. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 20. Direct vehicular access to Jefferson Street and Palm Circle from lots with frontage along Jefferson Street and Palm Circle is restricted, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 21. 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. 22. 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 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 23. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale. 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. 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. 24. The following improvement plans shall be prepared and submitted for review 106 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 7 and approval by the Design and Development 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. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official 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 improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. 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 formatted approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall 107 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 8 show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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 hydrant) and street name signs per Public Works Standard Plans and/or as approved by the Engineering Division. “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. 25. 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 Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 27. 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 EOR 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 108 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 9 28. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 29. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 30. 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. 31. Depending on the timing of the development of this Tentative Tract Map, 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 20 % Building Permit. 109 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 10 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, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. 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. 33. 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 34. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 35. 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. 110 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 11 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 Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. An Erosion Control Plan showing Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an engineer registered in the State of California. F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 36. 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. 111 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 12 37. 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. 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 (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 38. 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. 39. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 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. 40. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half 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 Engineer for a substantial conformance review. 41. 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 112 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 13 soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 42. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map No. 36875. Nuisance water shall be disposed of in an approved manner. 43. 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. 44. 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. 45. 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. 46. 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. 47. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 48. For on-site above ground common retention basins, retention depth shall be 113 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 14 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. 49. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 53. If permitted by the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development’s drainage discharge which may be required under the City’s NPDES Permit or other City or area-wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative tract map excepting 114 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 15 therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. 54. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 56. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 57. The applicant shall construct a sewer line stub up to the edge of this project to allow for the future connection of existing units within the Westward Isle community to the sewer line that services Villas at Indian Springs. 115 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 16 58. 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. 59. 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. 60. 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. STREET AND TRAFFIC IMPROVEMENTS 61. 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. 62. 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 flowline 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. 63. The applicant shall construct the following street improvements to conform 116 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 17 with the General Plan: A. PRIVATE STREETS 1) Private residential streets measured at gutter flow line to gutter flow line shall have a minimum 32 feet travel width with parking restricted to one side, 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 Development and Planning Divisions and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 3) Other appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the tentative map or as approved by the City Engineer. 64. 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. 65. 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 117 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 18 gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 66. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 67. 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. CONSTRUCTION 68. 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. LANDSCAPING AND IRRIGATION 69. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 70. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 71. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 72. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 118 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 19 73. Front yard landscaping for each dwelling shall consist of, at minimum, 36- inch box trees (i.e., a minimum 2.5-inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 74. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director and/or City Engineer. 75. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 77. Lighting plans and /or lighting fixture schedules and details for both exterior building lighting and landscape lighted areas shall be provided as part of the Final Landscape Plan submittal set. 78. Exterior building lighting shall be photocell activated. 79. Applicant shall incorporate a pedestrian pathway that provides direct access from the driveway to the front door areas for each of the homes. PUBLIC SERVICES 119 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 20 80. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 81. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 82. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 83. 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. 84. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). AIRPORT LAND USE COMMISSION 85. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. 86. The following uses are prohibited: A. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. B. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an 120 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL – RECOMMENDED TENTATIVE TRACT MAP 36875 (TTM 2018-0006) VILLAS AT INDIAN SPRINGS ADOPTED: PAGE 21 airport. C. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. D. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 87. The ALUC mandated “Notice of Airport in the Vicinity” shall be provided to all potential purchasers of the proposed lots and tenants of the homes thereon. 88. Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 121 122 ATTACHMENT 1123 124 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST/WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "1A"EAST/WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH/SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH/SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.0PLAN "1A" PERSPECTIVE125 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "1B"EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.1PLAN "1B" PERSPECTIVE126 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "2A"EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.2PLAN "2A" PERSPECTIVE127 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "2B"EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.3PLAN "2B" PERSPECTIVE128 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "3A"EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.4PLAN "3A" PERSPECTIVE129 10 / 31 / 2015SHEET TITLE: Architecture Group, Inc. A S.F.R. DEVELOPMENT FOR THE VILLAS AT INDIAN SPRINGS LA QUINTA, CALIFORNIA 92253 Architecture Group, Inc. CHARLES D. GARLANDARCHITECT(760) 340.3728 Fax(760) 340.3528 Tel.E-MAIL : gls@glsarchitecture.comPalm Desert, CA 9226074-991 Joni Dr. #9JORGE SEPTIENDESIGN PRINCIPALAPRIL 2015AS NOTEDJ O B N O.S C A L ELQ15-21S H E E TD R A W NG.L.S.COMMENCEMENT D A T EC H E C K E DJ.S.PRINT DATEG.L.S. ARCHITECTURE SHALL NOT BE RESPONSIBLE FOR COMPLETENESS OF DRAWINGS FOR BIDDING PURPOSES PRIOR TO ISSUANCE OF BUILDING PERMITS.BYREVISIONApril 23, 2015April 23, 2015DEVELOPER:EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS ANDRENDERINGS "3B"EAST OR WEST ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"NORTH OR SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A1.5PLAN "3B" PERSPECTIVE130 NOTES:PLANT LEGENDLIMIT OF WORK 0GRAPHIC SCALE10' 20'40'1" = 10'-0"TRACT 36875LA QUINTA, CA 9225378060 Calle Estado, Suite 19La Quinta, California 92253(760) 835-6358 RAY@RAYMARTINDESIGN.COMRAY MARTIN Landscape & Irrigation Design ConsultantA P N 600-080-041, 600-080-042,AND 600-080-001 THROUGH 600-080-009TERAWRTTSIIDCMOHT IVAD 2301ON9-30-19SDCVWD NOTATION:TREES, PLANTS, WALLS, SIDEWALKS, AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BEPLANTED, INSTALLED OR BUILT IN WATER DISTRICT AND USBR EASEMENTS OR RIGHT-OF-WAY WITHOUTFIRST OBTAINING AN ENCROACHMENT PERMIT FROM CVWD.NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BERESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOTLIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES ANDRELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.TURF AREAS IRRIGATED WITH SPRAY/ROTOR SYSTEMS MUST BE SET-BACK AT LEAST 24" FROM CURB,DRIVEWAY, SIDEWALKS OR ANY OTHER AREAS THAT MAY RESULT IN RUNOFF OF WATER ONTO STREETS .AN UNDULATING LANDSCAPE BUFFER AREA CREATED BY THE SETBACK SHALL BE DESIGNED WITHROCK, COBBLE OR DECOMPOSED GRANITE AND/OR BE LANDSCAPED WITH DRIP IRRIGATEDSHRUBS/ACCENTS OR COVERED WITH SUITABLE GROUNDCOVER.LIMIT OF WORKJEFFERSON STREET131 3B2A1BPLANT LEGENDLIMIT OF WORKLIMIT OF WORK0GRAPHIC SCALE10' 20'40'1" = 10'-0"TRACT 36875LA QUINTA, CA 9225378060 Calle Estado, Suite 19La Quinta, California 92253(760) 835-6358 RAY@RAYMARTINDESIGN.COMRAY MARTIN Landscape & Irrigation Design ConsultantA P N 600-080-041, 600-080-042,AND 600-080-001 THROUGH 600-080-009TERAWRTTSIIDCMOHT IVAD 2301ON9-30-19SDCVWD NOTATION:TREES, PLANTS, WALLS, SIDEWALKS, AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BEPLANTED, INSTALLED OR BUILT IN WATER DISTRICT AND USBR EASEMENTS OR RIGHT-OF-WAY WITHOUTFIRST OBTAINING AN ENCROACHMENT PERMIT FROM CVWD.NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BERESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOTLIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES ANDRELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.TURF AREAS IRRIGATED WITH SPRAY/ROTOR SYSTEMS MUST BE SET-BACK AT LEAST 24" FROM CURB,DRIVEWAY, SIDEWALKS OR ANY OTHER AREAS THAT MAY RESULT IN RUNOFF OF WATER ONTO STREETS .AN UNDULATING LANDSCAPE BUFFER AREA CREATED BY THE SETBACK SHALL BE DESIGNED WITHROCK, COBBLE OR DECOMPOSED GRANITE AND/OR BE LANDSCAPED WITH DRIP IRRIGATEDSHRUBS/ACCENTS OR COVERED WITH SUITABLE GROUNDCOVER.132 0GRAPHIC SCALE10' 20'40'1" = 10'-0"TRACT 36875LA QUINTA, CA 9225378060 Calle Estado, Suite 19La Quinta, California 92253(760) 835-6358 RAY@RAYMARTINDESIGN.COMRAY MARTIN Landscape & Irrigation Design ConsultantA P N 600-080-041, 600-080-042,AND 600-080-001 THROUGH 600-080-009TERAWRTTSIIDCMOHT IVAD 2301ON9-30-19SDCVWD NOTATION:TREES, PLANTS, WALLS, SIDEWALKS, AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BEPLANTED, INSTALLED OR BUILT IN WATER DISTRICT AND USBR EASEMENTS OR RIGHT-OF-WAY WITHOUTFIRST OBTAINING AN ENCROACHMENT PERMIT FROM CVWD.NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BERESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOTLIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES ANDRELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.TURF AREAS IRRIGATED WITH SPRAY/ROTOR SYSTEMS MUST BE SET-BACK AT LEAST 24" FROM CURB,DRIVEWAY, SIDEWALKS OR ANY OTHER AREAS THAT MAY RESULT IN RUNOFF OF WATER ONTO STREETS .AN UNDULATING LANDSCAPE BUFFER AREA CREATED BY THE SETBACK SHALL BE DESIGNED WITHROCK, COBBLE OR DECOMPOSED GRANITE AND/OR BE LANDSCAPED WITH DRIP IRRIGATEDSHRUBS/ACCENTS OR COVERED WITH SUITABLE GROUNDCOVER.133 3B2A1BCCC1C1"1DRIP2C1"2TREES1C1"1DRIP2C1"2TREES1C1"1DRIP2C1"2TREESRAINBIRDNON-PRESSURE LATERAL LINE PIPING - PVC SCHEDULE 40 (ALL PVC) PROPOSED 1" WATER METER, IRRIGATION POINT OF CONNECTION - TO BE INSTALLED BY WATER DISTRICTPIPE SLEEVING SHALL OCCUR UNDER ALL MAJOR HARDSCAPE. SLEEVING SHALL BE SCH. 40 PVC AT 2X THE DIAMETER OF THE PIPE.EXISTING PRESSURE MAINLINE PIPING, VERIFY EXACT LOCATION IN FIELD. SCHEDULE 40 PVC#MIP-1000-TRAINBIRDBKBIINDICATES ELECTRIC CONTROL VALVE SIZEINDICATES FLOW IN GALLONS PER MINUTEINDICATES ZONE TYPEINDICATES CONTROLLER NUMBERXB-10-PC-1032BALL VALVE (FULL PORT). REFER TO DETAIL "B" ON IRRIGATION DETAIL SHEET IR-2RAINBIRDRAINBIRD1400 SERIESXB-SERIESBUBBLER1402FULL250.50 GPM-30-1 GPH-XB-20-PC-1032RAINBIRDXB-SERIES30-2 GPH-AG. PROD.B BALL VALVEAUTOMATIC FLUSH VALVE - REFER TO IRRIGATION DETAIL "K" SHEET IR-2RAINBIRD( 8 ) STATION CONTROLLER - WALL MOUNTED CONTROLLER. (OUTDOOR MODEL)ESP-LXMEWITH RSD SERIES RAIN SENSOR AND FLOW SENSOR, REFER TO DETAIL "E" ON IRRIGATION DETAIL SHEET IR-2DRIPZONEDRIPZONERAINBIRDMETAL ELECTRIC CONTROL MASTER VALVE, METAL PIPE BETWEEN MASTER VALVE AND WATER METER EFB-CPRAINBIRD1" BRASS T FLOW SENSORFS100BFEBCOPROPOSED 1-1/2" BACK FLOW PREVENTER, INSTALLED BY CONTRACTOR825YNOTED ON PLAN. ELECTRIC CONTROL VALVE FOR TREE BUBBLERS, SIZE AS 100-DVXERIGATION CONTROL VALVE KIT FOR DRIP AREAS - SIZE INDICATED ON PLANXCZ-100-PRFDRIP EMITTERLOW WATER USEDRIP EMITTERMOD WATER USELIMIT OF WORKLIMIT OF WORK0GRAPHIC SCALE10' 20'40'1" = 10'-0"TRACT 36875LA QUINTA, CA 9225378060 Calle Estado, Suite 19La Quinta, California 92253(760) 835-6358 RAY@RAYMARTINDESIGN.COMRAY MARTIN Landscape & Irrigation Design ConsultantA P N 600-080-041, 600-080-042,AND 600-080-001 THROUGH 600-080-009TERAWRTTSIIDCMOHT IVAD 2301ON9-30-19SDCVWD NOTATION:TREES, PLANTS, WALLS, SIDEWALKS, AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BEPLANTED, INSTALLED OR BUILT IN WATER DISTRICT AND USBR EASEMENTS OR RIGHT-OF-WAY WITHOUTFIRST OBTAINING AN ENCROACHMENT PERMIT FROM CVWD.NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BERESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOTLIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES ANDRELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.TURF AREAS IRRIGATED WITH SPRAY/ROTOR SYSTEMS MUST BE SET-BACK AT LEAST 24" FROM CURB,DRIVEWAY, SIDEWALKS OR ANY OTHER AREAS THAT MAY RESULT IN RUNOFF OF WATER ONTO STREETS .AN UNDULATING LANDSCAPE BUFFER AREA CREATED BY THE SETBACK SHALL BE DESIGNED WITHROCK, COBBLE OR DECOMPOSED GRANITE AND/OR BE LANDSCAPED WITH DRIP IRRIGATEDSHRUBS/ACCENTS OR COVERED WITH SUITABLE GROUNDCOVER.HYDROZONE INFORMATION TABLE UNIT 1BProposed 3/4" Water Meter Irrigation Point of ConnectionControllerNo.Valve CircuitNo.PlantTypesIrrigationMethodArea(sf)% of LandscapeAreaTOTAL12ABubbler1600100%A1250100%00%DripLowLow/ModHYDROZONE INFORMATION TABLE UNIT 2AProposed 3/4" Water Meter Irrigation Point of ConnectionControllerNo.Valve CircuitNo.PlantTypesIrrigationMethodArea(sf)% of LandscapeAreaTOTAL12ABubbler1740100%A1740100%00%DripLow/ModHYDROZONE INFORMATION TABLE UNIT 3BProposed 3/4" Water Meter Irrigation Point of ConnectionControllerNo.Valve CircuitNo.PlantTypesIrrigationMethodArea(sf)% of LandscapeAreaTOTAL12ABubbler1080100%A1080100%00%DripLow/ModLow/ModLow/Mod134 REF. B MAINLINE ISOLATION VALVEI-3 AS01SCALE:N.T.S.REF. F QUICK COUPLER VALVEI-3 AS01SCALE:N.T.S.REF. G PIPE / WIRE / SLEEVE INSTALLATIONI-3 AS01SCALE:N.T.S.REF. E WALL-MOUNT CONTROLLER / WIRELESS ET SENSORI-3 AS01SCALE:N.T.S.48"SECTION/ELEVATIONLEGEND1.WIRELESS 'ET' SENSOR :MODEL WSS-SEN. INSTALL SENSOR UP TO800' FROM RECEIVER (LINE OF SIGHT). PRACTICAL INSTALLATION -UP TO 200'2.SUITABLE POST, POLE, OR ROOF GUTTER MOUNT. MOUNT INLOCATION WHERE SENSOR CAN RECEIVE FULL SUN, IS OPEN TORAINFALL AND OUT OF SPRINKLER SPRAY PATTERN3. FINISH GRADE4.BUILDING FLOOR BY OTHERS OR FINISH GRADE FOR OUTSIDE WALLMOUNT5.LOW VOLTAGE CONTROL WIRE IN RIGID PVC CONDUIT PVCELECTRICAL SWEEP EL6. WIRELESS SOLAR SYNC RECEIVER MOUNTED ON WALL NEXT TOCONTROLLER7. SOLAR SYNC MODULE MOUNTED INSIDE CONTROLLER8. CONTROLLER9. 117v POWER SOURCE IN RIGID ELECTRICAL CONDUIT10. 120 VOLT POWER SUPPLY IN J-BOX, BY OTHERS. REFER TOELECTRICAL PLAN11.RIGID ELECTRICAL CONDUIT (1/2") FOR UNDERGROUND RUN IFSPECIFIED, BY OTHERS. REFER TO ELECTRICAL PLAN12678954101132"SECTION/ELEVATIONNOTES:A. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS.B. INSTALL SPRINKLER HEADS 6" FROM PAVING EDGE IN GROUND COVER AREAS.C.INSTALL SPRINKLER HEADS 24" FROM PAVING EDGE IN TURF AREAS.D.INSTALL SPRINKLER HEADS 24" FROM ALL BUILDINGS AND WALLS.E. INSTALL SPRINKLER HEADS PLUMB.F.ADJUST SPRAYS OR NOZZLE STREAM TO COVER LANDSCAPE AREA WITHOUT OVERSPRAY ONTOPAVING, FENCES, WALLS OR BUILDINGS. DO NOT SCALE DRAWINGS.23458675LEGEND1. FINISH GRADE/TOP OF MULCH2.POP-UP SPRAY SPRINKLER3. PVC SCH 80 NIPPLE, SIZE PERSPRINKLER INLET (LENGTH ASREQUIRED), MIN. 2"4.PVC SCH 40 EL TxT, USE TEFLONTAPE ON THREADS OFCONNECTING MARLEX EL5. MARLEX STREET EL6.PVC SCH 40 SxSxT TEE OR ELL7. PVC LATERAL PIPE8. PVC SCH 80 NIPPLE, SIZE PERSPRINKLER INLET (LENGTHSHALL BE 6" FOR 6" POP-UPSPRAY HEAD, 10" FOR 12"POP-UP SPRAY HEAD)1/2"12"SECTION/ELEVATIONNOTES:A.SET TOP OF VALVE BOX 1/2" ABOVE FINISHED GRADE IN TURF AREAS.B.IN SHRUB AREAS INSTALL VALVE BOX 2" ABOVE SOIL LEVEL OR 1" ABOVE MULCH LAYER, WHICHEVERIS HIGHER.LEGEND1. QUICK COUPLING VALVE. SEELEGEND FOR SPECIFICATION2. PVC SCH 80 NIPPLE- QCV SIZEx 3"3. PVC SCH 40 EL, TxT4.PVC SCH 40 ST. EL (2 REQ.)5. PVC SCH 80 NIPPLE- QCV SIZEx12"6. PVC SCH 40 FITTING, TEE / ELL7.DRIPLINE PVC EXHAUST MANIFOLD8. #4 REBAR 36" MIN. LENGTH9. LANDSCAPE FABRIC10.SUPPORT BRICKS (3 REQ.)11. 3/4" CRUSHED GRAVEL, MIN. 1 CUBICFOOT12. STAINLESS STEEL CLAMP (2 REQ.)13. FINISH GRADE14.10" ROUND SPECIFICATION GRADEVALVE BOX WITH "T" COVER. HEATBRANDED MARKED "FV"TAN IN 'DG' & GREEN IN LAWN.131211814911051/2"7463242" MIN6" MAXREF. A POP-UP SPRINKLERI-3 AS01SCALE:N.T.S.REF. D VALVE BOX LOCATIONI-3 AS01SCALE:N.T.S.CL6"MAX.SECTION/ELEVATIONLEGEND1. PVC MAINLINE PIPE / MANIFOLD SUBMAINPIPE. SEE LEGEND FOR DEPTH AS PERSPECIFICATION2.LANDSCAPE FABRIC, MINIMUM 4.5 OZ.MATERIAL. SEE SPECIFICATIONS FORAPPROVED TYPE3. PVC SCH 80 COMPACT BALL VALVE, INSTALLVALVE CENTERED IN BOX. REFER TO LEGENDFOR SPECIFICATION4.8" ASTM D3034 PVC SEWER PIPE, LENGTH ASREQUIRED. CENTER PIPE OVER BALL VALVE.USE FABRIC TO FILL IRREGULARITIES5. 3/4" CRUSHED GRAVEL, FILL TO 2" BELOWTOP OF SLEEVE AND 3" BELOW BALL VALVEFOR SUPPORT6.SUPPORT BRICKS, MIN. 4 REQ.7. SITE SOIL8.FINISH GRADE9.12" RECTANGULAR SPECIFICATION GRADEVALVE BOX WITH BOLT DOWN 'T' COVER.HEAT BRAND "BV" ONTO LID. REFER TOLEGEND FOR SPECIFICATION. TAN IN 'DG' &GREEN IN TURF.1679235482"1/2"2"NOTES:A.CONTRACTOR TO PROVIDE ONE STANDARD 30 INCHSPRINKLER KEY WRENCH FOR THE OPERATION OF BALLVALVES.B.IN SHRUB AREAS INSTALL VALVE BOX 2" ABOVE SOILLEVEL OR 1/2" ABOVE MULCH LAYER, WHICHEVER ISHIGHER.LEGEND1. RCV HEAT BRANDED ON TOVALVE BOX LID2. APPROPRIATE STATION NUMBERHEAT BRANDED ON TO VALVEBOX LID3.RECTANGULAR SPECIFICATIONGRADE VALVE BOX, TYP.4.QUICK COUPLING VALVE BOX,TYP.12"12"12" TYP.12"12"PLAN VIEWRCV RCV QCVA1RCV A2A3NOTES:A.CENTER VALVE BOX OVER REMOTE CONTROL VALVETO FACILITATE SERVICING VALVE.B.SET RCV AND VALVE BOX ASSEMBLY INGROUND-COVER/SHRUB AREA WHERE POSSIBLE.C. SET BOXES PARALLEL TO EACH OTHER ANDPERPENDICULAR TO EDGE.D. AVOID HEAVILY COMPACTING SOIL AROUND VALVEBOXES TO PREVENT COLLAPSE AND DEFORMATION OFVALVE BOXES.23EDGE OF SIDEWALK1SECTION/ELEVATIONDEPTHWIRING6" & LARGER3" & 4" 21/2" & SMALLER-18"12"- -24"24"36"BESIDE24"24"36"A B C D36"30"24"-36"E F36"36" 36"30"30"-MAINMAINBESIDENOTES:A.LINES MUST HAVE MIN. CLEARANCE OF4" FROM EACH OTHER & 24" FROMOTHER TRADESB.RUN WIRING BESIDE MAINLINE ATLOCATION SHOWN, TAPE & BUNDLE @ 10'O.C.C. TIE A 24" LOOP IN ALL WIRING ATCHANGES IN DIRECTIOND.ALL SLEEVES MUST BE 2X THE DIAMETEROF THE PIPE WITHINE.ALL SLEEVES MUST HAVE FOAMLEGEND1. UNDISTURBED SOIL2. COMPACTED BACKFILL3. LATERAL LINE4. CONTROL WIRING5.MAINLINE TRACER TAPEOR AWG #6 BARECOPPER TRACER WIRE,REFER TO LEGEND FORSPECIFICATIONFDECBA12345728910116SEALANT INSIDE PIPEF. ALL SLEEVES MUST EXTEND 12" MIN.DISTANCE PAST EDGE OF ROADWAY,CURB, OR SIDEWALKG.CONTRACTOR MUST ADJUST MAINLINEAROUND ALL STREET LIGHT LOCATIONS,LIGHT BOLLARDS, TREE ROOT BALLS,(MIN. 5' CLEARANCE), AND OTHEROBSTACLES6. PVC MAINLINE, SEELEGEND FORSPECIFICATION7. HARDSCAPE / PAVING8. SAND BACKFILL9. LATERAL SLEEVE10. MAINLINE SLEEVE11. WIRE SLEEVE RAIN BIRD PESB-PRS-D WIRE, COILEDID TAG: RAIN BIRD VID SERIESVALVE BOX WITH COVER:WATERPROOF CONNECTION RAIN BIRD SPLICE-1 (1 OF 2)FINISH GRADE/TOP OF MULCHPVC SCH 40 ELLPVC SCH 80 NIPPLE (CLOSE)PVC SCH 80 NIPPLE (LENGTH AS REQUIRED)PVC MAINLINE PIPEPVC SCH 40 TEE OR ELLBRICK (1 OF 4)12356478109111213141516 LENGTH, HIDDEN) AND RAIN BIRD PESB WITH NP-HAN30-INCH LINEAR LENGTH OFREMOTE CONTROL VALVE: RAIN BIRD VB-STDSCH 80 NIPPLE (2-INCH SCH 40 ELLPVC SCH 40 MALE ADAPTERPVC LATERAL PIPE3.0-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVELREF. H ELECTRIC REMOTE-CONTROL VALVEI-3 AS01SCALE:N.T.S.LEGEND1234567891011121314151617FINISH GRADE/TOP OF MULCHVALVE BOX WITH COVER: RAIN BIRD VB-STD30-INCH LINEAR LENGTH OF WIRE, COILEDWATERPROOF CONNECTION:RAIN BIRD DB SERIES1-INCH BALL VALVE (INCLUDED INXCZ-PRB-100-COM KIT)ID TAGREMOTE CONTROL VALVE: RAIN BIRD PESB (INCLUCED INXCZ-PRB-100-COM KIT)PRESSURE REGULATING QUICK CHECKBASKET FILTER: RAIN BIRD PRB-QKCHK-100 (INCLUDED IN XCZ-PRB-100-COM KIT)PVC SCH 40 FEMALE ADAPTORLATERAL PIPEPVC SCH 80 NIPPLE (LENGTH AS REQUIRED)PVC SCH 40 ELLPVC SCH 80 NIPPLE (2-INCH LENGTH, HIDDEN)AND PVC SCH 40 ELLPVC SCH 40 TEE OR ELLMAINLINE PIPE3-INCH MINIMUM DEPTH OF 3/4-INCH WASHEDGRAVELPVC SCH 80 NIPPLE, CLOSE (INCLUDED INXCZ-PRB-100-COM KIT)REF. C DRIP SYSTEM VALVEI-3 AS01SCALE:N.T.S.LEGENDAND RESULTS RETURNED TO LANDSCAPE DESIGNER* PERCOLATION TEST TO BE DONE FOR DEEP WATERINGSET ON UNDISTURBED NATIVE SOILTREE PIT PER PLANTING DETAILS.PVC LATERAL PER PLAN.PVC RISER - SCH. 80MARLEX 90 DEG. STREET ELL. JOINTFINISH GRADETREE OR PALM ROOT BALLTREE OR PALM TRUNKLEGENDRAINBIRD 1402 BUBBLER.0GRAPHIC SCALE10' 20'40'1" = 10'-0"TRACT 36875LA QUINTA, CA 9225378060 Calle Estado, Suite 19La Quinta, California 92253(760) 835-6358 RAY@RAYMARTINDESIGN.COMRAY MARTIN Landscape & Irrigation Design ConsultantA P N 600-080-041, 600-080-042,AND 600-080-001 THROUGH 600-080-009TERAWRTTSIIDCMOHT IVAD 2301ON9-30-19SDCVWD NOTATION:TREES, PLANTS, WALLS, SIDEWALKS, AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BEPLANTED, INSTALLED OR BUILT IN WATER DISTRICT AND USBR EASEMENTS OR RIGHT-OF-WAY WITHOUTFIRST OBTAINING AN ENCROACHMENT PERMIT FROM CVWD.NO PERMANENT STRUCTURES OR TREES WITHIN CVWD AND/OR USBR EASEMENTS. CVWD WILL NOT BERESPONSIBLE FOR DAMAGE OR REPLACEMENT OF ANY SURFACE IMPROVEMENTS, INCLUDED BUT NOTLIMITED TO, DECORATIVE CONCRETE, LANDSCAPING, CURB GUTTER,SIDEWALKS, PLANTERS, GATES ANDRELATED IMPROVEMENTS INSTALLED WITHIN CVWD AND/OR USBR EASEMENTS.TURF AREAS IRRIGATED WITH SPRAY/ROTOR SYSTEMS MUST BE SET-BACK AT LEAST 24" FROM CURB,DRIVEWAY, SIDEWALKS OR ANY OTHER AREAS THAT MAY RESULT IN RUNOFF OF WATER ONTO STREETS .AN UNDULATING LANDSCAPE BUFFER AREA CREATED BY THE SETBACK SHALL BE DESIGNED WITHROCK, COBBLE OR DECOMPOSED GRANITE AND/OR BE LANDSCAPED WITH DRIP IRRIGATEDSHRUBS/ACCENTS OR COVERED WITH SUITABLE GROUNDCOVER.135 ATTACHMENT 2136 137 HANDOUT PLANNING COMMISSION MAY 14, 2019 HANDOUT: PLANNING COMMISSION MEETING MAY 14, 2019 PUBLIC HEARING NO. 2 POWERPOINTS PLANNING COMMISSION MAY 14, 2019