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PC Resolution 2023-005 Austin Residence CUP 2022-0004 & SDP 2022-0005PLANNING COMMISSION RESOLUTION 2023 - 005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR OUTDOOR IMPROVEMENTS AT A PRIVATE RESIDENCE LOCATED AT 77600 AVENIDA FERNANDO CASE NUMBERS: CONDITIONAL USE PERMIT 2022-0004; SITE DEVELOPMENT PERMIT 2022-0005 APPLICANT: PREST VUKSIC GREENWOOD ARCHITECTS WHEREAS, the Planning Commission of the City of La Quinta, California did, on February 28 2023, hold a duly noticed Public Hearing to consider a request by Prest Vuksic Greenwood Architects, on behalf of the Austin family, for outdoor improvements, including a private tennis court, spa and other site improvements at 77600 Avenida Fernando; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 17, 2023 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Conditional Use Permit 2022-0004 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 pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Conditional Use Permit: 1. Consistency with General Plan. The project is consistent with the Open Space - Natural land use designation as set forth in the General Plan and policies relating to the Open Space -Natural designation and maintaining the Hillside preservation ordinance. The project includes mitigation measures and incorporates design which is consistent with Hillside preservation. 2. Consistency with Zoning Code. The project is consistent with the Open Space/Hillside Conservation Overlay land use designation as set forth in the Zoning Code and meets the development standards of the zoning code. The project includes mitigation measures and incorporates design to comply with the Hillside Conservation section of the Municipal Code. 3. Compliance with CEQA. Conditional Use Permit 2022-0004 is not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONAL USE PERMIT 2022-0004 SITE DEVELOPMENT PERMIT 2022-0005 PROJECT: AUSTIN RESIDENCE OUTDOOR IMPROVEMENTS ADOPTED: FEBRUARY 28, 2023 PAGE 2 of 4 Environmental Assessment 2022-0006 in compliance with the California Environmental Quality Act. A Mitigated Negative Declaration was prepared to determine potential impacts from the project. The Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. Surrounding Uses. Conditional Use Permit 2022-0004 will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. This project includes limited outdoor improvements on private property which is allowed in the Zoning Code and does not pose detrimental conditions to the public and is compatible with neighboring properties. Site Development Permit 2022-0005 5. Consistency with General Plan. The project is consistent with the Open Space - Natural land use designation as set forth in the General Plan and policies relating to the Open Space -Natural designation and maintaining the Hillside preservation ordinance. The project includes mitigation measures and incorporates design which is consistent with Hillside preservation. 6. Consistency with Zoning Code. The project is consistent with the Open Space/Hillside Conservation Overlay land use designation as set forth in the Zoning Code and, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of site plan and landscaping. The Site Development Permit incorporates design, has been conditioned to, and includes mitigation measures to ensure compliance with the Hillside Conservation Overlay development standards. 7. Compliance with California Environmental Quality Act. Site Development Permit 2022-0005 is not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2022-0006 in compliance with the California Environmental Quality Act. A Mitigated Negative Declaration was prepared to determine potential impacts form the project. The Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 8. Architectural Design. The proposed project has limited architectural design since there are no buildings proposed; however, the design of the outdoor features, as PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONAL USE PERMIT 2022-0004 SITE DEVELOPMENT PERMIT 2022-0005 PROJECT: AUSTIN RESIDENCE OUTDOOR IMPROVEMENTS ADOPTED: FEBRUARY 28, 2023 PAGE 3 of 4 conditioned, is consistent in design with the Zoning Code, and is compatible with surrounding development, the existing buildings on the project site, and with the quality of design prevalent in the City. 9. Site Design. The site design of the project is compatible with surrounding development, consistent with existing buildings on the site and with the quality of design prevalent in the City. 10. Landscape Design. The proposed project is consistent with the landscaping standards and plant palette and implements drought tolerant desert landscaping, established in the General Plan and Zoning Code. 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 is determined to be consistent with the Mitigated Negative Declaration adopted by the La Quinta Planning Commission for Environmental Assessment 2022-0006; and SECTION 3. That it does hereby approve Conditional Use Permit 2022-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]; and SECTION 4. That it does hereby approve Site Development Permit 2022-0005 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]; and PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on February 28, 2023, by the following vote: AYES: Commissioners Caldwell, Guerrero, Hassett, McCune, and Chairperson Currie NOES: None ABSENT: Commissioners Nieto and Tyerman ABSTAIN: None PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONAL USE PERMIT 2022-0004 SITE DEVELOPMENT PERMIT 2022-0005 PROJECT: AUSTIN RESIDENCE OUTDOOR IMPROVEMENTS ADOPTED: FEBRUARY 28, 2023 PAGE 4 of 4 ETTA CURRIE, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, besign and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2023-005 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 1 OF 7 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Conditional Use Permit (CUP) 2022-0004 shall comply with the standards of La Quinta Municipal Code (LQMC) Section 9.210.010 and the Hillside Conservation regulations in LQMC Section 9.140.040. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.laquintaca.gov. 3. Expiration of this Conditional Use Permit shall comply with LQMC Section 9.200.080. 4. CUP2022-0004 shall comply with all applicable conditions and mitigation measures for the following related approvals: Site Development Permit 2022-0005 Environmental Assessment 2022-0006 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. 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 (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sand Unified School District (DSUSD) • 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) PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 2OF7 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 improvements plans for City approval. 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. 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 Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board and provide the applicant's Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 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 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 on an Erosion Control Plan 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. PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 3OF7 7. 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). 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 not limited to access rights over proposed and/or existing private streets that access public streets. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures. SITE IMPROVEMENTS 12. The applicant shall comply with the provisions of LQMC Sections 13.24.100 (Access for Individual Properties and Development) for public streets. 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. 13. 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). 14. 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 PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 4OF7 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. Precise Grading Plan 1" = 30' Horizontal (20 scale optional) B. PM 10 Plan 1 " = 40' Horizontal (if disturbed area is greater than 1 acre) C. Erosion Control Plan 1" = 40' Horizontal (if disturbed area is greater than 1 acre) NOTE: A through C to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All plans shall show existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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. 13. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works Development "Plans, Notes and Design Guidance" section of the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 14. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with 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 plans previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of recording drawings submittal. GRADING 15. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 50F7 16. 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. 17. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control) if disturbed area is greater than 1 acre, and D. An Erosion Control Plan prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls) if disturbed area is greater than 1 acre. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control 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 PM 10 requirements as required by the City Engineer. 18. 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. 19. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the CUP exhibits, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 20. 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 (05) from the elevations shown on the approved CUP exhibits, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 21. 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 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 60F7 DRAINAGE 22. Stormwater handling shall conform with the approved hydrology and drainage report for the Austin Residence CUP 2022-0004, or as approved by the City Engineer 23. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 24. 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. 25. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 26. 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. 27. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 28. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 29. The applicant shall obtain the approval of the City Engineer for the location of all above- ground utility structures including, but not limited to, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 30. 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. MAINTENANCE 31. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 32. The applicant shall make provisions for the continuous and perpetual maintenance of landscaping, access driveway, and stormwater BMPs. PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0004 ADOPTED: FEBRUARY 28, 2023 PAGE 7OF7 FEES AND DEPOSITS 33. 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. 34. 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). ENVIRONMENTAL 35. The Project developer shall ensure the installation of Peninsular bighorn sheep (PBS) fence, either at project buildout or through granting to Coachella Valley Conservation Commission an easement for the future construction of such a fence, and further, that if an easement is to be granted, it shall be recorded prior to the issuance of any grading permits. BUILDING 36. Construction documents required for permitting of non-exempt work, review for code compliance will be performed at time of submittal. PLANNING COMMISSION RESOLUTION 2023-005 EXHIBIT B CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 1 OF 7 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit (SDP). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit (SDP) 2022-0005 shall comply with the standards of La Quinta Municipal Code (LQMC) Section 9.210.010 and the Hillside Conservation regulations in LQMC Section 9.140.040. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.laquintaca.gov. 3. SDP2022-0005 shall expire on February 28, 2025, and shall become null and void in accordance with LQMC Section 9.200.080, unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080. 4. SDP2022-0005 shall comply with all applicable conditions and mitigation measures for the following related approvals: Conditional Use Permit 2022-0004 Environmental Assessment 2022-0006 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. 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 (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sand Unified School District (DSUSD) • 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) PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 2OF7 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 improvements plans for City approval. 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. 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 Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board and provide the applicant's Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 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 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 on an Erosion Control Plan 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. PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 3OF7 7. 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). 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 not limited to access rights over proposed and/or existing private streets that access public streets. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures. SITE IMPROVEMENTS 12. The applicant shall comply with the provisions of LQMC Sections 13.24.100 (Access for Individual Properties and Development) for public streets. 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. 13. 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). 14. 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 PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 4OF7 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. Precise Grading Plan 1" = 30' Horizontal (20 scale optional) B. PM 10 Plan 1 " = 40' Horizontal (if disturbed area is greater than 1 acre) C. Erosion Control Plan 1" = 40' Horizontal (if disturbed area is greater than 1 acre) NOTE: A through C to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All plans shall show existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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. 13. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works Development "Plans, Notes and Design Guidance" section of the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 14. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with 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 plans previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of recording drawings submittal. GRADING 15. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 50F7 16. 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. 17. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control) if disturbed area is greater than 1 acre, and D. An Erosion Control Plan prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls) if disturbed area is greater than 1 acre. All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control 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 PM 10 requirements as required by the City Engineer. 18. 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. 19. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the SDP exhibits, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 20. 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 (05) from the elevations shown on the approved SDP exhibits, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 21. 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 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 60F7 DRAINAGE 22. Stormwater handling shall conform with the approved hydrology and drainage report for the Austin Residence SDP 2022-0005, or as approved by the City Engineer 23. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 24. 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. 25. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 26. 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. 27. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 28. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 29. The applicant shall obtain the approval of the City Engineer for the location of all above- ground utility structures including, but not limited to, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 30. 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. MAINTENANCE 31. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 32. The applicant shall make provisions for the continuous and perpetual maintenance of landscaping, access driveway, and stormwater BMPs. PLANNING COMMISSION RESOLUTION 2023-005 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2022-0005 ADOPTED: FEBRUARY 28, 2023 PAGE 7OF7 FEES AND DEPOSITS 33. 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. 34. 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). ENVIRONMENTAL 35. The Project developer shall ensure the installation of Peninsular bighorn sheep (PBS) fence, either at project buildout or through granting to Coachella Valley Conservation Commission an easement for the future construction of such a fence, and further, that if an easement is to be granted, it shall be recorded prior to the issuance of any grading permits. BUILDING 36. Construction documents required for permitting of non-exempt work, review for code compliance will be performed at time of submittal.