CC Resolution 2016-051 SRR-Talus Hotel, Spa, Residences, Confrence Ceter, Bighorn Sheep FenceRESOLUTION 2016 — 051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, MODIFYING THE PLANNING
COMMISSION'S APPROVAL OF SITE DEVELOPMENT
PERMIT FOR CONSTRUCTION OF A 140 ROOM HOTEL, SPA,
29 HOTEL -BRANDED RESIDENCES, A MEETING CENTER,
CONFERENCE CENTER AND SHARED SERVICES FACILITY
WITHIN THE SILVERROCK SPECIFIC PLAN BY ADDING
CONDITION OF APPROVAL CC-1 AND SUSTAINING THE
PLANNING COMISSION'S FINDING OF CONSISTENCY WITH
ENVIRONMENTAL ASSESSMENT 2014-1003
CASE NUMBER: SITE DEVELOPMENT PERMIT 2016-0005
APPELLANTS: SIERRA CLUB and CENTER FOR BIOLOGICAL DIVERSITY
WHEREAS, the Planning Commission of the City of La Quinta, California did, on
the 25th day of October, 2016, hold a duly noticed Public Hearing to consider a
request by SilverRock Development Company, LLC, for approval of a hotel, spa,
conference center and shared services facility generally located on the southwest
corner of Jefferson Street and Avenue 52; more particularly described as:
APN: 776-150-022, 777-490-011, 770-200-026, 776-150-021, 776-150-023, 777-490-007,
777-490-001, 777-490-012, 777-490-014, 777-490-018
WHEREAS, the Design and Development Department published a public hearing
notice in The Desert Sun newspaper on October 14, 2016 as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within
500 feet of the site; and,
WHEREAS, the City Council of the City of La Quinta, California did, on the 20th
day of December, 2016, hold a duly noticed Public Hearing to consider an appeal by
Mr. Wayne Brechtel of SDP2016-0005.
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did make the following mandatory findings pursuant to Section 9.210.010 of the
Municipal Code to justify approval of said Site Development Permit:
1. Consistency with General Plan and SilverRock Specific Plan
The land use is consistent with the General Plan land use designation of
Tourist Commercial. The proposed project is also consistent with the
SilverRock Specific Plan, and implements the goals, policies and
development standards of the Specific Plan.
City Council Resolution 2016 - 051
Appeal 2016-004 of Site Development Permit 2016-0005
Adopted: December 20, 2016
Page 2 of 3
2. Consistency with Zoning Code
The proposed development, as conditioned, is consistent with the
development standards of the City's Zoning Code and/or SilverRock Specific
Plan, as applicable. The Site Development Permit has been conditioned to
ensure compliance with the zoning standards and other supplemental
standards as established in Title 9 of the La Quinta Municipal Code.
3. Compliance with California Environmental Quality Act ICEQA
The Design and Development Department has determined that this project
is consistent with Environmental Assessment 2014-1003 and no further
environmental review is required.
4. Architectural Design
The architectural design of the project, including, but not limited to, the
architectural style, scale, building mass, materials, colors, architectural
details, and roof style are compatible with the architectural guidelines of the
SilverRock Specific Plan and the quality of design prevalent in the city.
5. Site Design
The site design of the project, including, but not limited to, project entries,
interior circulation, pedestrian and bicycle access, pedestrian amenities,
screening of equipment and trash enclosures, and exterior lighting, are
consistent with the SilverRock Specific Plan and with the quality of design
prevalent in the city.
6. Landscape Design
Project landscaping, including, but not limited to, the location type, size,
color, texture and coverage of plant materials, has been designed so as to
provide visual relief, complement buildings, visually emphasize prominent
design elements and vistas, screen undesirable views, provide a harmonious
transition between adjacent land uses and between development and open
space, and enhance the visual continuity of the project. The landscape
design will be consistent with the established landscape guidelines for the
SilverRock Specific Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. That the above recitations are true and constitute the findings of the City
Council in this case.
City Council Resolution 2016 - 051
Appeal 20167004 of Site Development Permit 2016-0005
Adopted: December 20, 2016
Page 3 of 3
SECTION 2. That it does hereby sustain the Planning Commission's determination that
Site Development Permit 2016-005 is consistent with Environmental Assessment
2014-1003.
SECTION 3. That it does hereby modify the Planning Commission's decision approving
Site Development Permit 2016-0005, for the reasons set forth in this Resolution and
subject to the attached Conditions of Approval and Exhibit A.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on this the 20th day of December, 2016, by the following
vote:
AYES: Council Members Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: Council Member Fitzpatrick
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, CiN Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL - APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 1 of 17
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Site Development Permit. The
City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. 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 Development Division (Grading Permit, Green Sheet
(Public Works Clearance) for Building Permits, Water Quality Management
Plan(WQMP) Exemption Form - Whitewater River Region, Improvement
Permit)
• Design & Development Department
• Riverside Co. Environmental Health Department
0 Desert Sands Unified School District
O Coachella Valley Water District (CVWD)
O Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
State Water Resources Control Board
SunLine Transit Agency
• SCAQMD Coachella Valley
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.
3. Coverage under the State of California Construction General Permit must be
obtained by the applicant; who then shall submit a copy of the Regional Water
Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of
Intent ("NOI") and Waste Discharger Identification (WDID) number to the City
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL - APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 2 of 17
prior to the issuance of a grading or building permit.
4. 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").
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at ww.cabmphandbooks.com for use
in their SWPPP preparation.
B. The applicant's SWPPP shall be approved by the City Engineer prior to any
on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 3 of 17
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The SWPPP and BMPs shall remain in effect for the entire duration of project
construction until all improvements are completed and accepted by the
City.
G. The inclusion in the 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.
5. 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.
6. 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
7. 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
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 4 of 17
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&R's for the development or other agreements as approved
by the City Engineer.
8. Pursuant to the aforementioned condition, conferred rights shall include property
rights necessary for construction and proper functioning of the proposed
development not limited to access rights over proposed and/or existing private
streets that access public streets and open space/drainage facilities.
9. 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.
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.
STREET AND TRAFFIC IMPROVEMENTS
11. The applicant shall construct the following street improvements to conform with
the General Plan and 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.
A. OFF -SITE STREETS
1) Construct right turn deceleration lane at all access points where
there is a peak hour right -turn volume of 50vph. The deceleration
lane length shall be as specified in Engineering Bulletin 06-13.
2) Jefferson Street (Major Arterial) - Construct a traffic signal or
roundabout at the project entrance off Jefferson Street at such time
that warrants are met.
PARKING LOTS and ACCESS POINTS
12. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 5 of 17
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking stall
design shall conform to LQMC Chapter 9.150.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans so that
ADA accessibility issues can be evaluated.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 18 feet in length with a 2-foot overhang for all parking stalls or
as approved by the City Engineer. One van accessible handicapped parking
stall is required per 6 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26 feet with
access drive aisles to Public Streets a minimum of 30 feet or as approved by
the City Engineer. A minimum of 20 feet on each side of approach drives
shall be provided where divided by median islands and as approved by the
City Engineer.
13. 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:
Major Arterial 5.5" a.c./6.5" c.a.b.
Residential 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 6 of 17
or the approved equivalents of alternate materials.
14. 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.
15. Improvements shall include appurtenances such as traffic control signs, markings
and other devices, raised medians if required, street name signs and sidewalks.
16. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as "engineer,"
"surveyor," and "architect," refers to persons currently certified or licensed to practice
their respective professions in the State of California.
17. 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).
18. The following improvement plans shall be prepared and submitted for review and
approval by the Design and Development Department. A separate set of plans for
each line item specified below shall be prepared. The plans shall utilize the
minimum scale specified, unless otherwise authorized by the City Engineer in
writing. Plans may be prepared at a larger scale if additional detail or plan clarity
is desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. On -Site Mass Grading Plan 1" = 100' Horizontal
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 7 of 17
B. On -Site Rough Grading Plan 1" = 40' Horizontal
C. PM10 Plan
1" = 40' Horizontal
D. Final WQMP (Plan submitted in Report Form)
NOTE: A through D to be submitted concurrently.
E. On -Site Street Improvements/ Signing & Striping/ Storm Drain Plan
1" = 40' Horizontal, 1"= 4' Vertical
(Separate Storm Drain Plans if applicable)
F. On -Site Commercial Precise Grading
1" = 20' Horizontal
(Separate Storm Drain Plans if applicable)
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
"On -Site Commercial Precise Grading" plan is required to be submitted for
approval by the Building Official, Planning Manager and the City Engineer.
"On -Site Commercial 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 ADA
requirements.
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 Engineering 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.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 8 of 17
19. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the Public Works "Plans, Notes
and Design Guidance" section of the City website (www.la-quinta.org). Please
navigate to the Public Works home page and look for the Standard Drawings
hyperlink.
20. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
21, Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with reproducible
record drawings of all improvement plans which were approved by the City. Each
sheet shall be clearly marked "Record Drawing" and shall be stamped and signed
by the engineer or surveyor certifying to the accuracy and completeness of the
drawings. The applicant shall have all approved mylars previously submitted to
the City, revised to reflect the as -built conditions. The applicant shall employ or
retain the Engineer of Record during the construction phase of the project so that
the FOR can make site visits in support of preparing "Record Drawing". However, if
subsequent approved revisions have been approved by the City Engineer and
reflect said "Record Drawing" conditions, the Engineer of Record may submit a
letter attesting to said fact to the City Engineer in lieu of mylar submittal.
GRADING
22. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading
Improvements).
23. 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.
24. 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
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 9 of 17
registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter
6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and
Storm Management and Discharge Controls), and
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.
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. 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.
25. 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.
26. 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
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 10 of 17
depressed one and one-half inches (1.5") in the first eighteen inches (18") behind
the curb.
27. Building pad elevations on the precise grading plan submitted for City Engineer's
approval shall conform with pad elevations shown on the Site Development Permit
Preliminary Grading Plans, unless the pad elevations have other requirements
imposed elsewhere in these Conditions of Approval.
28. Prior to any site grading or regrading that will raise or lower any portion of the site
by more than plus or minus five tenths of a foot (0.5') from the elevations shown
on the Site Development Permit Preliminary Grading Plans, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
29. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if any.
Such pad certification shall also list the relative compaction of the pad soil.
30. This development shall comply with LQMC Chapter 8.11 (Flood Hazard
Regulations). If any portion of any proposed building lot in the development is or
may be located within a flood hazard area as identified on the City's Flood
Insurance Rate Maps, the development shall be graded to ensure that all floors
and exterior fill (at the foundation) are above the level of the project (100-year)
flood and building pads are compacted to 95% Proctor Density as required in Title
44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of
building permits for lots which are so located, the applicant shall furnish elevation
certifications, as required by FEMA, that the above conditions have been met.
DRATNAGF
31. Stormwater handling shall conform with the approved hydrology and drainage
report for SDP 2016-0001 SilverRock. Nuisance water shall be disposed of in an
approved manner.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL - APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 11 of 17
32. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin
Design Requirements. More specifically, stormwater falling on site during the 100
year storm shall be retained within the development, unless otherwise approved
by the City Engineer. The design storm shall be either the 1-hour, 3-hour, 6-hour or
24-hour event producing the greatest total run off.
33. 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.
34. No fence or wall shall be constructed around any retention basin unless approved
by the Planning Manager and the City Engineer.
35. 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 or as
approved by the City Engineer.
36. 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).
37. 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.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL - APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 12 of 17
2009-0009-DWQ and Order No. 2010-0014-DWQ.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No.
R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per (CRWQCB-
CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the
City Engineer. A project specific WQMP shall be provided which incorporates
Site Design and Treatment BMPs utilizing first flush infiltration as a
preferred method of NPDES Permit Compliance for Whitewater River
receiving water, as applicable.
C. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and
operation of stormwater BMPs.
UTILITI_ES
38. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
39. 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.
40. 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.
41. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply with
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 13 of 17
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
42. The City will conduct final inspections of habitable buildings only when the
buildings have parking lot improvements 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
43. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans).
44. The applicant shall provide landscaping in the required setbacks, retention basins,
and common lots.
45. All new landscape areas shall have landscaping and permanent irrigation
improvements in compliance with the City's Water Efficient Landscape regulations
contained in LQMC Section 8.13 (Water Efficient Landscape).
46. The applicant shall submit final landscape plans for review, processing and
approval to the Design and Development Department, in accordance with the Final
Landscape Plan application process. Design and Development Director approval of
the final landscape plans is required prior to issuance of the first building permit
unless the Director determines extenuating circumstances exist which justify an
alternative processing schedule.
NOTE: Plans are not approved for construction until signed by the appropriate City
official, including the Design and Development Director.
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 14 of 17
Prior to final approval of the installation of landscaping, the Landscape Architect
of record shall provide the Design and Development Department a letter stating
he/she has personally inspected the installation and that it conforms with the final
landscaping plans as approved by the City.
If staff determines during final landscaping inspection that adjustments are
required in order to meet the intent of the Planning Commission's approval, the
Design and Development Director shall review and approve any such revisions to
the landscape plan.
47. All trees shall consist of, at minimum, 36-inch box trees (i.e., a minimum 2.5 inch
caliper measured three feet up from grade level after planting), 5-gallon shrubs,
and groundcover. Double lodge poles (two-inch diameter) shall be used to brace
and stake trees.
48. A minimum of 50% of plantings classified "Shrubs, Perennials and Annuals" shall
be provided as 5-gallon plants. This requirement shall be implemented on each
Final Landscaping Plan submitted for review and approval to the City.
MAINTENANCE
49. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
50. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping, access
drives, sidewalks, and stormwater BMPs.
FEES AND DEPOSITS
51. 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.
52. 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).
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 15 of 17
CALIFORNIA ENVIRONMENTAL QUALITY ACT
53. All mitigation measures included in Environmental Assessment 2014-1003 shall
apply to this project.
54. If Bighorn Sheep enter into the Project Site, an 8-foot fence (or the functional
equivalent) between the development and the hillside shall be constructed. The
gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the
City shall construct temporary fencing while permanent fencing is constructed.
The fence shall not contain gaps in which Bighorn Sheep can be entangled. If the
Agency transfers or disposes of any of the property adjacent to the hillside, the
Agency shall reserve an easement sufficient for the construction of fencing if
needed in the future.
FIRE DEPARTMENT
55. Developer shall provide 20 foot Fire Department access to hotel guest rooms and
spa buildings. Access shall comply with CFC Chapter 5 and Riverside County Code
787.
56. The Final Landscape Plan shall not include Texas Honey Mesquite (Prosopis
Glandulosa) as a planting option for canopy or accent trees.
Appeal Condition of Approval CC-1
A. CJ Council Authority. This condition to modify the original decision of the Planning
Commission for Site Development Permit 2016-0005 is binding on the City pursuant to its
police power and applicant pursuant to Section 9.200.120(D)(6) of the La Quinta
Municipal Code and shall take effect immediately upon its adoption as part of the Appeal
of Planning Commission Decision, Case No. Appeal 2016-0004 (Administrative Appeal).
This condition is incorporated into the approval for Site Development Permit 2016-005 by
this reference, and all other conditions of approval set forth by the Planning Commission
for Site Development Permit 2016-0005 remain in full force and effect.
B. Intent. The intent of this condition is to protect Peninsular Big Horn Sheep from
impacts related to the approximately 525 acres of property known as The SilverRock
Resort pursuant to the Coachella Valley Multiple Species Habitat Conservation
Plan/Natural Communities Conservation Plan (MSHCP), the Mitigation Monitoring Program
included in the Mitigated Negative Declaration and Addendum for the SilverRock Resort
Specific Plan (SRR Mitigation Measures), that certain Development Agreement dated
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 16 of 17
November 19, 2014, by and between the SilverRock Development Company, LLC
(Developer) and the City (the DA), and that certain Purchase, Sale, and Development
Agreement dated November 19, 2014, by and between Developer and the City (the PSDA).
C. Immediate Construction of Temporary Fencing. Within 15 days after the decision of
the hearing of the Administrative Appeal, the City shall solicit bids for the construction of
temporary fencing, and within 45 days of the bid solicitation, award a contract to the
lowest responsible bidder. Within 21 days after the award to the lowest responsive and
responsible bidder, construction of the temporary fencing shall commence. The
completion of construction for the temporary fencing shall be as soon as possible after
commencing construction, not to exceed a period of 30 days for total construction. Prior
to the issuance of any grading, demolition, construction, or building permit, the
construction of the temporary fencing shall be completed. For purposes of this
condition, "temporary fencing" or "temporary fence" means an 8-foot high fence
between the SilverRock Resort development and hillside as identified in the SilverRock
Resort Fence Location Site Plan attached as Exhibit "A" to this condition and incorporated
by reference (Fencing Site Plan). The temporary fencing shall have gaps that should be
11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep
can be entangled. If and/or when the City transfers or disposes of any of the SilverRock
Resort property adjacent to the hillside to the applicant, the City shall reserve an
easement, and the applicant shall grant an easement, sufficient for the construction and
maintenance of the temporary fencing until such time as the permanent fencing or
functional equivalent (as described below) is completed. The temporary fencing on City -
owned property at SilverRock Resort shall be maintained by the City and on Developer -
owned property shall be maintained by Developer until such time as the permanent
fencing or functional equivalent is completed.
D. Construction of Permanent Fencing or Functional Equivalent. Prior to the issuance of a
"grand opening" of the SilverRock Resort as improved pursuant to the DA and PSDA,
construction of the permanent fencing or functional equivalent shall be completed. For
purposes of this condition, "permanent fencing or functional equivalent" or "permanent
fence" means an 8-foot high fence or other barrier that prevents Big Horn Sheep from
accessing SilverRock Resort, constructed of durable material or natural landscaping
elements approved by U.S. Fish and Wildlife Service, California Department of Fish and
Wildlife, and Coachella Valley Conservation Commission, City and applicant in a location
that, upon completion of construction, will be within 1-10 feet of the temporary fence line
as identified on the Fencing Site Plan, unless all approving parties agree to an alternative
alignment. The permanent fence shall have gaps that should be 11 centimeters (4.3
inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If
CITY COUNCIL RESOLUTION 2016-051
CONDITIONS OF APPROVAL — APPROVED
APPEAL 2016-0004, SITE DEVELOPMENT PERMIT 2016-0005
SILVERROCK RESORT
ADOPTED: December 20, 2016
Page 17 of 17
and/or when the City transfers or disposes of any of the SilverRock Resort property
adjacent to the hillside to the applicant, the City shall reserve an easement, and the
applicant shall grant an easement, sufficient for access, construction and maintenance of
the permanent fence. The permanent fence on City -owned property at SilverRock Resort
shall be maintained by the City and on Developer -owned property shall be maintained by
Developer. For purposes of this condition, "grand opening" of the SilverRock Resort
means the opening to the general public of the new resort improvements consisting of
the Luxury Hotel, Lifestyle Hotel, Conference and Shared Service Facility, Resort
Residential Village, and dwelling unit that are part of the Luxury Branded Residential
Development, Lifestyle Branded Residential Development, Promenade Mixed -Use
Development, or Resort Residential Village (all as those terms are defined in the PSDA).
The anticipated date of the grand opening for reference purposes only is May 2019.
E. Periodic Review for Environmental Impacts. After the completion of construction of
the temporary fencing and until the completion of construction of the permanent fence,
the City and applicant shall coordinate with the U.S. Fish and Wildlife Service, California
Department of Fish and Wildlife, and/or Coachella Valley Conservation Commission
(collectively, the other governmental agencies) to review the effectiveness of the
temporary fencing and final design of the permanent fencing. If the review indicates that
fence modifications, such as additional height or reinforcement, are required to protect
bighorn sheep, the modifications shall be implemented. If review of environmental
impacts advocates for a relocation of the temporary fencing or permanent fencing or use
of some type of functional equivalent to protect Bighorn Sheep, the alternative location or
method of protecting Bighorn sheep may be considered and used by the City and/or the
applicant only if they are first approved by U.S. Fish and Wildlife Service, California
Department of Fish and Wildlife, and Coachella Valley Conservation Commission.
F. Enforcement. This "CONDITION OF APPROVAL FOR ADMINISTRATIVE APPEAL 2016-
0004, SRR SITE DEVELOPMENT PERMIT 2016-0005 ("Appeal Condition") may be enforced
by the Appellants Sierra Club and Center for Biological Diversity. Enforcement shall be
limited to an action in Superior Court to compel performance.
Appeal Condition of Approval CC-2
The City Council authorizes City Staff to immediately solicit bids with specifications
consistent with Appeal Condition of Approval CC-1 (above) for the temporary fencing.
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