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PC Resolution 2022-026 TTM 2021-0006 (TTM 38316) BartonPLANNING COMMISSION RESOLUTION 2022 - 026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 38316 FOR 392 RESIDENTIAL LOTS, 1 COMMERCIAL LOT, A POTENTIAL FIRE STATION, AND A POTENTIAL IID SUBSTATION ON 110.91 ACRES WITHIN THE SCHUMACHER SPECIFIC PLAN AREA CASE NUMBERS: TENTATIVE TRACT MAP 2021-0006 APPLICANT: BARTON LAND LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 8, 2022, hold a duly noticed Public Hearing to consider a request by Barton Land La Quinta, for approval of a Tentative Tract Map 38316 (TTM2021-0006) for 392 residential lots, 1 commercial lot, a potential fire station, and a potential IID substation on 110.91 acres within the Schumacher Specific Plan Area, more particularly described as: APNs 764-240-021, 764-240-022, 764-240-026 & 764-240-027 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 28, 2022 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, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Tract Map 38316 is consistent with the La Quinta General Plan, and subject Specific Plan as proposed. The Tract Map is consistent with the Medium High -Density Residential and General Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 2004-072 and subsequent amendments. 2. The design and improvement of Tentative Tract Map 38316 is consistent with the La Quinta General Plan, and Specific Plan 2004- 072 and subsequent amendments with the implementation of recommended conditions of approval to ensure consistency for the PLANNING COMMISSION RESOLUTION NO. 2022-026 PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 2 of 3 homes proposed on the lots created herein. The project density is consistent with the La Quinta General Plan and Specific Plan 2004-072 and subsequent amendment and is comparable to surrounding development. The project is consistent with Government Code section 65863, commonly referred to as the "no Net Loss" requirement and with the Housing Criss Act of 2019, Government Code Section 66300. 3. The design of Tentative Tract Map 38316 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 Director has determined that this project has been accounted for in and is consistent with Environmental Assessment 2004-513 and no further environmental review is required. 4. The design of Tentative Tract Map 38316 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 of Tentative Tract Map 38316 is physically suitable for the type of development and proposed density of development. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 6. The design and improvements required for Tentative Tract Map 38316 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; and SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2004-513; and PLANNING COMMISSION RESOLUTION NO. 2022-026 PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 3 of 3 SECTION 3. That it does hereby approve Tentative Tract Map 2021-0006 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on November 8, 2022, by the following vote: AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie NOES: None ABSENT: None ABSTAIN: None Vacancy: One ATTEST: 6,, RETTA CU"RRIE, Chairperson City of La Quinta, California DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 1 of 21 GENERAL EXHIBIT A 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.laquintaca.gov. 3. The Tentative Tract Map shall expire on November 8, 2025, and shall become null and void in accordance with La Quinta Municipal Code Section 13.12.150. A time extension may be requested per LQMC Section 13.12.160 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, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Design & Development Department - Planning and Building Divisions • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • 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 PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 2 of 21 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 Discharge 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, 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)): 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. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 3 of 21 E. The SWPPP and approved 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. 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. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&Rs for the development or other agreements as approved by the City Engineer. 10. The applicant shall offer for dedication on the Final Map all public street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The public street right-of-way offers for dedication required for this development PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 4 of 21 include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, 108' ROW) - The standard 54 feet from the centerline of Monroe Street for a total 108-foot ultimate developed right of way except an additional variable right of way dedication at the proposed primary residential project east of the centerline of Monroe Street and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 60 (Primary Arterial, 108' ROW) - The standard 54 feet from the centerline of Avenue 60 for a total 108-foot ultimate developed right of way except an additional variable right of way dedication at the proposed secondary residential project entry and at the Avenue 60 intersection with Monroe Street north of the centerline of Avenue 60 and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. The applicant shall retain for private use on the Final Map all private street rights of way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights of way to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter flow line to gutter flow line shall be 32 feet with parking restricted to one side or 28 feet with parking restricted on both sides and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. 13. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 14. 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 PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 5 of 21 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. 15. When the City Engineer determines that access rights to the proposed street rights -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. 16. The applicant shall offer for dedication on the Final Map a ten -foot -wide 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. 17. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. B. Avenue 60 (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 18. 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. 19. Direct vehicular access to Monroe Street and Avenue 60 from lots with frontage along Monroe Street and Avenue 60 is restricted, except for those access points identified on the Tentative Tract Map No. 38316, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 6 of 21 20. 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. 21. 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 22. 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. 23. 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. 24. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial, 108' R/W option): Widen the east side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located thirty-nine feet (39') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Monroe Street Primary Entry as approved on the Off -Site Street Improvement Plans. Other required improvements in the Monroe Street right-of-way and/or adjacent landscape setback area include: PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 7 of 21 c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, d) A 10-foot wide Multi -Use Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Monroe Street frontage within the landscaped setback. Multi -Use Trail boundaries shall be delineated by a 4-inch-wide concrete border between the trail and adjacent landscaping. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. Multi -Purpose Trails will be maintained by the Developer or HOA as applicable. e) Half width of a 16 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a left turn deceleration lane for the southbound Monroe Street traffic as well as full turn movements at the Primary Residential Entry, and variable width as needed on Monroe Street at the Avenue 60 intersection to accommodate a left turn deceleration lane for southbound Monroe Street to eastbound Avenue 60. f) Establish a benchmark in the Monroe Street right of way and file a record of benchmark with the County of Riverside. 2) Avenue 60 (Primary Arterial, 108' R/W option): Widen the north side of the street along all frontages adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty- nine feet (39') north of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 8 of 21 b) A deceleration/right turn only lane at Avenue 60 at the Avenue 60 Residential Project Secondary Entry intersection and the Avenue 60/Monroe Intersection as approved on the Off -Site Street Improvement Plans. Other required improvements in the Avenue 60 right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, plus a single overhead street light at the intersection of Monroe and Avenue 60. d) A 10-foot wide Multi -Use Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 60 frontage within the landscaped setback. Multi -Use Trail boundaries shall be delineated by a 4-inch-wide concrete border between the trail and adjacent landscaping. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -use trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. Multi -Purpose Trails will be maintained by the Developer or HOA as applicable. e) Half width of a 16- foot wide raised landscaped median along the entire boundary of Tentative Tract Map plus 1) variable width as needed to accommodate a left turn deceleration lane for the westbound Avenue 60 traffic as well as full turn movements at the Secondary Residential Entry and 2) variable width as needed on Avenue 60 at Monroe Street intersection to accommodate a left turn deceleration lane for eastbound Avenue 60 traffic to southbound Monroe Street. 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). 3) When warrants are met, the applicant is responsible for 100 % of the PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 9 of 21 cost to design and install the traffic signal at the Residential Project Main Entry on Monroe Street. Applicant shall enter into an SIA to post security for 100 % of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. 4) Applicant shall enter into an SIA to post security or pay the fair -share amounts for the design and construction of traffic signals listed below (percentage calculated in the Traffic Impact Analysis, Section 6.4) prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signals are actually installed by the applicant. The cost to design and install a traffic signal is based on the traffic signal DIF reimbursement amount ($430,000). A. Monroe Street at Avenue 60 - $22,360 (5.2% fair -share) B. Monroe Street at Avenue 58 - $86,430 (20.1% fair -share) C. Monroe Street at Airport Blvd - $92,880 (21.6% fair share) D. Monroe Street at Avenue 54 - $86,000 (20.0% fair share) B. PRIVATE STREETS 1) Construct minimum 32-foot-wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off- street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 2) Construct a minimum 28-foot-wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line provided on -street parking is prohibited and the applicant shall make provisions for perpetual enforcement of the No Parking restrictions. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 25. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1" = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 10 of 21 condition, there shall be a minimum of twenty-five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. General access points and turning movements of traffic are limited to the following: a. Primary Residential Entry (Monroe Street): Full turn movements are permitted. b. Secondary Residential Entry (Avenue 60): Full turn movements are permitted. 29. 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. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 11 of 21 Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 31. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. FINAL MAPS 32. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map. The Final Map shall be 1" = 40' scale. IMPROVEMENT PLANS 33. 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. 34. 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). 35. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan B. PM10 Plan C. Erosion Control Plan D. Final WQMP 1" = 40' Horizontal 1" = 40' Horizontal 1" = 40' Horizontal (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off -Site Signing & Striping Plan 1" = 40' Horizontal PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 12 of 21 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through G to be submitted concurrently. (Separate Storm Drain Plans if applicable) The plans shall utilize the minimum scale specified, unless otherwise authorized by the Public Works Director. 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. H. On -Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All 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 hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Public Works Department. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 13 of 21 36. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 37. 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," "As -Built" or "As -Constructed" 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 plans, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the EOR may submit a letter attesting to said fact to the City Engineer in lieu of Record Drawing submittal. IMPROVEMENT SECURITY AGREEMENTS 38. 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. 39. 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 LQMC Chapter 13.28 (Improvement Security). 40. 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, or as approved by the City Engineer. 41. 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. 42. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 14 of 21 landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 43. Depending on the timing of the development of this Tentative Tract Map 32398, 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. 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. 44. 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. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 15 of 21 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. 45. 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 46. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 47. 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. 48. 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 a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. An Erosion Control Plan showing Best Management Practices 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 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. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 16 of 21 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. 49. 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. 50. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (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. 51. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 52. Building pad elevations of perimeter Tots shall not differ by more that one foot higher from the building pads in adjacent developments as approved by the City Engineer. 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. 53. 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. 54. 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. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 17 of 21 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 55. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract Map 32398, or as approve by the City Engineer. Nuisance water shall be disposed of in an approved manner. 56. 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 the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 57. 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. 58. 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. 59. 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. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 61. 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. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 18 of 21 62. 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). 63. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 64. 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. Applicant shall use best efforts to obtain an acceptance agreement from the adjacent property owners(s) for the overflow and/or as approved by the City Engineer. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 66. 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 property owner shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 19 of 21 maintenance and operation of stormwater BMPs. UTILITIES 67. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 68. 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. 69. 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. 70. 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 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped Tots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 20 of 21 74. 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). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Community 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 Planning Manager 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 Planning Manager and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. 81. The perimeter improvements on Monroe Street and on Street A shall be completed prior to receipt of the first certificate of occupancy for a home located within Phase 1 through Phase 3 of the development project on the site. The perimeter improvements on Avenue 60 shall be completed prior to receipt of the first PLANNING COMMISSION RESOLUTION NO. 2022-026 CONDITIONS OF APPROVAL PROJECT: TENTATIVE TRACT MAP 38316 (TTM2021-0006) APPLICANT: BARTON LAND LA QUINTA ADOPTED: NOVEMBER 8, 2022 Page 21 of 21 certificate of occupancy for a building located within Phase 4 through Phase 6 of the development project on the site. These perimeter improvements shall include curb, gutter, sidewalk, multi -use trail, parkway landscaping and project perimeter wall. PUBLIC SERVICES 82. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 83. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 84. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, private common areas, perimeter landscaping up to the curb, access drives, multi -use trails, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 85. 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. 86. 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).