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PC Resolution 2020-010 TTM 2020-0005 Pendry ResidencesPLANNING COMMISSION RESOLUTION 2020-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 37930 (TTM 2020-0005) FOR CONDOMINIUM PURPOSES FOR PENDRY RESIDENTIAL CASE NUMBERS: TENTATIVE TRACT MAP 37930 (TTM 2020-0005) APPLICANT: SILVERROCK DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 8th day of December, 2020, hold a duly noticed Public Hearing to consider a request by SilverRock Development Company for Tentative Tract Map approval of a map for condominium purposes for 66-unit Pendry Residential project on 10.72 acres, more particularly described as: APN 777-490-046 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 28, 2020 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Tentative Tract Map 37930 (TTM 2020-0005) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1.Tentative Tract Map 37930 is consistent with the La Quinta General Plan, and Specific Plan 2006-080, as amended. The Tract Map is consistent with the Tourist Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 2006-080. 2.The design and improvement of Tentative Tract Map 37930 is consistent with the La Quinta General Plan, and Specific Plan 2006- 080 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 2006-080 and is comparable to surrounding Planning Commission Resolution 2020-010 Tentative Tract Map 37790 (TTM 2020-0005) SilverRock Residences Adopted: December 8, 2020 Page 2 of 3 residential development. 3.The design of Tentative Tract Map 37930 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 (EA) 2014-1003, 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 2014-1003 shall apply to this project. The City Council, on November 14, 2014, adopted Environmental Assessment 2014-1003 for this project via Resolution 2014-059, in compliance with the requirements of CEQA. This approval included approving an addendum to Mitigated Negative Declaration of Environmental Assessment No. 2002-453 and Addendum No. 2006-568. 4.The design of Tentative Tract Map 37930 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 37930 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. 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 2014-1003; PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 1 of 15 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 Tract Map No. 37930 shall comply with all applicable conditions and/or mitigation measures for the following related approval(s): SDP 2016-0009 Tentative Parcel Map 37207 Environmental Assessment 2014-1003 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.This Tentative Tract Map shall expire 36 months after approval, December 8, 2023, unless an extension is granted per La Quinta Municipal Code Section 13.12.160. 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 Public Works Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) La Quinta Design and Development Department Riverside Co. Environmental Health Department Desert Sands Unified School District (DSUSD) PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 2 of 15 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 these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 6.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 Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 7.The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A.For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) 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 (Definitions)): PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 3 of 15 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 as required. 8.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. 9.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 10.Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 4 of 15 11.Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12.The applicant shall adjust lot lines as shown on the Tentative Tract Map prior to any certificate of occupancy issuance for Tract Map. 37930. 13.The applicant shall offer for dedication on the Final Map all public street right-of- way in conformance with the City’s General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14.When the City Engineer determines that access rights to the proposed street right-of-way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights-of-way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 15.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. 16.Direct vehicular access to SilverRock Way is restricted, except for those access points identified on the Tentative Tract Map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17.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. 18.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. STREET AND TRAFFIC IMPROVEMENTS 19.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. PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 5 of 15 20.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. 21.The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 22.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 engineers registered in California. PARKING LOTS AND ACCESS POINTS 23.The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A.The parking spaces and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking spaces or as approved by the City Engineer. One van accessible parking space is required per 6 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to public streets and other features shown on PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 6 of 15 construction plans may require additional widths and other improvements as may be determined by the City Engineer. 24.The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic)3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic)4.5” a.c./5.5” c.a.b. or the approved equivalents of alternate materials. 25.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. 26.Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27.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. FINAL MAPS 28.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. 29.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). PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 7 of 15 30.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.On-Site Precise Grading Plan 1” = 20’ Horizontal C.PM10 Plan 1” = 40’ Horizontal D.Erosion Control Plan 1” = 40’ Horizontal E.Final WQMP (Plan submitted in Report Form) NOTE: A through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the City Engineer. “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. In addition to the normal set of improvement plans, a “precise grading” plan is required to be submitted for approval by the Building Official, Planning Manager, and the City Engineer. “Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and accessible requirements. PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 8 of 15 31.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.laquintaca.gov). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 32.The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 33.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 34.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. 35.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. 36.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. 37.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: PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 9 of 15 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 20% of total Building Permits. 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. 38.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. 39.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 40.The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 10 of 15 41.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. 42.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, and B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, and 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), and E. A Final WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 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. 43.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. 44.Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 11 of 15 the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 45.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. 46.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. 47.This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City’s Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 48.Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract Map 37930 or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. 49.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. 50.Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 12 of 15 Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 51.Stormwater may not be retained in landscaped parkways or landscaped setback lots unless approved by the City Engineer. 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). 52.The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 53.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. 54.Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 55.The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A.For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 13 of 15 Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 56.The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 57.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. 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. CONSTRUCTION 59.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 parking lots are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 60.The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 61.The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 62.All new landscape areas shall have landscaping and permanent irrigation PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 14 of 15 improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 63.The applicant shall submit final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. 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, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 64.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), shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 65.A minimum of 50% of plantings classified “Shrubs, Perennials and Annuals” shall be provided as 5 gallon plants. This requirement shall be implemented on each Final Landscaping Plan submitted for review and approval to the City. MAINTENANCE 66.The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 67.The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. 68.The Applicant acknowledges that the City intends to form a SilverRock Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any assessments will be done on a benefit basis, as required by law. PLANNING COMMISSION RESOLUTION 2020-010 CONDITIONS OF APPROVAL - APPROVED TENTATIVE TRACT MAP NO. 37930 SILVERROCK PENDRY RESIDENCES ADOPTED: December 8, 2020 Page 15 of 15 69.The Applicant shall make provisions for maintenance of all common areas, public landscape areas, and storm water retention areas within Tract Map No. 37930 via one or a combination of the following methods prior to final map approval or as determined by the City Engineer: A.Applicant shall consent to the formation of a maintenance district under Chapter 26 of the Improvement Act of 1911 (Streets and Highways Code, Section 5820 et seq.) or the Lighting and Landscaping Act of 1972 (Streets and Highways Code 22600 et seq.) to implement maintenance of all improved public landscape areas, landscape buffer, and storm water retention areas. It is understood and agreed that the Developer/Applicant shall pay all costs of maintenance for said improved common areas until such time as tax revenues are received from assessment of the real property. B. Applicant shall submit to the Design and Development Department Management and Maintenance Agreement, to be entered into with the unit/lot owners of this land division, in order to insure all private common areas and facilities will be maintained. A homeowner’s association or associations shall be created with the unqualified right to assess the owners of the individual units for reasonable maintenance costs. The association shall have the right to lien the property of any owners who default in the payment of their assessments. FEES AND DEPOSITS 70.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. 71.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).