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PC Resolution 2016-016 SRR-Talus Hotel, Spa, Residences, Conference CenterPLANNING COMMISSION RESOLUTION 2016 — 016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 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 CASE NUMBER: SITE DEVELOPMENT PERMIT 2016-0005 APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC 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, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan 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. 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. Planning Commission Resolution 2016 -016 Site Development Permit 2016-0005 SilverRock Development Company LLC Adopted: October 25, 2016 Page 2 of 3 3. Compliance with California Environmental Quality Act (CEQA) 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 Desian 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 Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2014-1003. SECTION 3. That it does hereby approve Site Development Permit 2016-0005, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Planning Commission Resolution 2016 -016 Site Development Permit 2016-0005 SilverRock Development Company LLC Adopted: October 25, 2016 Page 3 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 25th day of October, 2016, by the following vote: AYES: Commissioners Blum, Fitzpatrick, Quill, Wright and Chairperson Bettencourt NOES: NONE ABSENT: NONE ABSTAIN: NONE 1--i- , t It. PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEE`PER , fanning Manager City of La Witita, California PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 1 of 15 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this 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 Desert Sands Unified School District ■ Coachella Valley Water District (CVWD) ■ 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 2 of 15 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 www.cabrnphandbooks.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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 3 of 15 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 4 of 15 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 5 of 15 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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 6 of 15 or the approved equivalents of alternate materials. 14. The applicant shall submit current mix designs (less than twoyears 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 7 of 15 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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 8 of 15 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.ta- u_ iq�nta.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 EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 9 of 15 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 10 of 15 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. DRAINAGE 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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 11 of 15 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(8)(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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 12 of 15 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. UTILITIES 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 PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 13 of 15 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. PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 14 of 15 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). PLANNING COMMISSION RESOLUTION 2016-016 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2016-0005 SILVERROCK ADOPTED: October 25, 2016 Page 15 of 15 CALIFORNIA ENVIRONMENTAL QUALITY ACT 53. All mitigation measures included in Environmental Assessment 2014-1030 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.