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CC Resolution 2020-028 Centre at LQ SDP 2017-0012 Ext 1RESOLUTION 2020 – 028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2017-0012 FOR CONSTRUCTION OF 131 HOUSING UNITS WITHIN THE CENTRE AT LA QUINTA, LOCATED AT THE SOUTHWEST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE CASE NUMBER: SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012, EXTENSION 1) APPLICANT: SLF-ADAMS STREET LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California, during a regular Council meeting on the 4th day of August, 2020, did consider a request by SLF-Adams Street La Quinta, LLC, for Site Development Permit (SDP) 2020-0003, originally approved in 2018, for the construction of 131 housing units within the Centre at La Quinta, generally located at the southwest corner of Auto Center Drive and La Quinta Drive, more particularly described as: APNs: 600-340-049, 600-340-050, 600-340-051, and 600-340-052 WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of July, 2018, hold a duly noticed Public Hearing to consider SDP 2017-0012, EA 2017-0009, GPA 2017-0001, SP 2017-0003, TTM 2017-0007 and approved said applications; and WHEREAS, the applicant, on the 9th day of June 2020, did apply for a first-time extension for SDP 2017-0012; and WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2017-0009 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was adopted on July 3, 2018. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and Resolution No. 2020 - 028 Site Development Permit 2020-0003 (SDP 2017-0012, Extension 1) Project: Centre at La Quinta Adopted: August 4, 2020 Page 2 of 3 WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the finding that the time extension is justified by the circumstances of the project, pursuant to Section 9.200.080(D) of the La Quinta Municipal Code, that current economic conditions have affected the applicant’s ability to find a suitable builder; and WHEREAS, said time extension is consistent with the findings of SDP 2017-0012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct, and constitute the findings of the City Council in this case. SECTION 2. That the SDP extension is consistent with the Mitigated Negative Declaration and associated Mitigation Monitoring Program (Environmental Assessment 2017-0009) for the project, adopted on July 3, 2018, and no changed circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That it does hereby grant a first-time extension to July 3, 2022, for Site Development Permit 2020-0003 (SDP 2017-0012, Extension 1), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 4th day of August 2020, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 1 of 27 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. Site Development Permit 2020-0003 (SDP 2017-0012 Time Extension) shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2017-0009 Tentative Tract Map 2017-0001 Specific Plan 2017-0003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Manager shall adjudicate the conflict by determining the precedence. 3. The Site Development Permit shall expire two years from City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:  Riverside County Fire Marshal  La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  La Quinta Planning Division  Riverside Co. Environmental Health Department  Desert Sands Unified School District (DSUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB) CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 2 of 27  State Water Resources Control Board  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California General Construction 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 prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2012- 0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 3 of 27 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. 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. E. 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. 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. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. 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. 10. 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 CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 4 of 27 11. 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. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication 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. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Adams Street – No additional right of way dedication is required. 2) La Quinta Drive – No additional right of way dedication is required. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 16. When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such rights-of- way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 17. Where public facilities (e.g., sidewalks) are placed on privately-owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 18. The applicant shall offer for dedication those easements necessary for the CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 5 of 27 placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 19. Direct vehicular access to Adams Street and La Quinta Drive is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1) Adams Street a. The applicant shall pay his fair-share (67.6% calculated in the Traffic Impact Analysis, Table 1-6) towards the design and construction of a northbound deceleration/right turn only lane on Adams Street at Auto Center Drive. The amount of the applicant’s fair share for the above- mentioned improvements shall be as approved by the City Engineer. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 6 of 27 b. Widen the east side of the street along frontage as necessary in order to accommodate a deceleration/right turn only lane serving the main entrance to the project. c. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. 2) La Quinta Drive a. The applicant shall pay the City to restripe dual northbound left turn lanes and a through/right turn lane with modification made to the traffic signal detection zones at the intersection of Highway 111. 3) Auto Center Way South a. The applicant shall construct curb, gutter, and 6-foot wide sidewalk on the east side. 4) Auto Center Drive and Auto Center Way – The applicant shall reconstruct the roundabout to include a truck apron. Other required improvements in the right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for construction of all improvements mentioned above. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. INTERNAL STREETS 1) Construct internal streets per the approved Site Development Permit Preliminary Grading Plan and/or as approved by the City Engineer. Minimum street width shall be 25 feet except at the entry accessway. On-street parking shall be prohibited except CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 7 of 27 in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the “No Parking” restrictions. 2) The location of driveways shall not be located within the curb return and away from intersections, when possible. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 25. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 26. All gated entries shall provide for a three-car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn-around outlet for non-accepted vehicles or as approved by the City Engineer. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1" = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn-around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn-around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 8 of 27 travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 27. General access points and turning movements of traffic are limited to the following: Adams Street (Primary Entry): Right turn in, right turn out, and left turn in movements are permitted. Left turn movements out are prohibited. La Quinta Drive (Secondary Entry): Full turn movements in and out are allowed. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 29. 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. 30. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING and ACCESS POINTS 31. The design of parking facilities shall conform to LQMC Chapter 9.150 and in 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 to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 9 of 27 E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 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 28 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 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. 32. 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). 33. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 10 of 27 NOTE: A through D to be submitted concurrently. E. Off-Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal The Off-Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On-Site Precise Grading Plan 1” = 30’ Horizontal H. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through H to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off-Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 11 of 27 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Division. “On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 37. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 12 of 27 proposed improvements; and shall provide for the setting of the final survey monumentation. 39. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 40. Depending on the timing of the development of this Site Development Permit, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 13 of 27 In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Site Development Permit, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 41. The applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. 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. 44. 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), 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). E. WQMP prepared by an appropriate professional registered in the State CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 14 of 27 of California. 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 as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 45. 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. 46. 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. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 48. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 15 of 27 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 52. Stormwater handling shall conform with the approved hydrology and drainage report for the Centre at La Quinta project (TTM 37359 and SDP2017-0012), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 53. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 54. 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. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 16 of 27 55. 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. 56. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 57. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 58. 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, unless otherwise approved by the City Engineer. 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. 59. 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). 60. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 61. 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. 62. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 63. 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 CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 17 of 27 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. 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 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. 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. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. Underground utilities shall be installed prior to overlying hardscape. For CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 18 of 27 installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 68. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly- maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 71. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 72. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. 73. All water features shall be designed to minimize “splash”, and use high CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 19 of 27 efficiency pumps and lighting to the satisfaction of the Design Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 74. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 75. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Division, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 77. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 78. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 80. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 20 of 27 FEES AND DEPOSITS 81. 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. FIRE DEPARTMENT 82. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 83. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 84. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 85. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 86. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 87. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 21 of 27 than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 88. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 89. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. BUILDING DIVISION 90. Building Plans prepared for permitting shall meet applicable California Building Codes effective at the time of submittal. MISCELLANEOUS 91. If the City or Applicant receive the right to maintain the landscaped parkway on the east side of Adams Street, from the project entrance south to the southern project boundary, the applicant or Homeowners’ Association if responsible, shall be responsible for maintenance, and shall enter into an Agreement with the City to maintain the parkway in perpetuity. 92. The applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum covenants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quinta as an express third party beneficiary; (3) be reviewed and approved by the City Attorney’s Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 93. The Recreation Center and all associated facilities, including the pool, picnic areas, etc. represented in the Site Development Permit on sheet L2, Community Club, shall be completed and open for use prior to the occupancy CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 22 of 27 of the 20th residential unit. The developer shall bond for the full value of improvements for the Community Club prior to the issuance of the 1st building permit. 94. All mitigation measures contained in Environmental Assessment 2017-0009 shall be implemented. MM AIR-1 During site preparation and grading activities, all off-road construction equipment greater than 150 horsepower (>150 HP) shall be ARB certified Tier 3 or better. MM BIO-1 To be in compliance with the MBTA and the California Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non-game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented.  All ground-disturbing activities, including removal of vegetation, that would remove or disturb potential nest sites shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from January 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites outside of the breeding bird season also would help to prevent birds from nesting within the project site during the breeding season and during construction activities.  If project activities that would remove or disturb potential nest sites cannot be avoided during January 15 through September 15, a qualified biologist shall conduct a pre- construction clearance and nesting bird survey to search for all potential nesting areas, breeding birds, and active nests or nest sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances. The survey shall end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance.  If no breeding birds or active nests are observed during the pre-construction survey, or if they are observed and would not be disturbed, then project activities may begin and no further mitigation would be required. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 23 of 27  If an active bird nest is located during the pre-construction survey and potentially would be disturbed, a no-activity buffer zone shall be delineated on maps and marked (flagging or other means) up to 500 feet for special-status avian species and raptors, or 75 feet for non-special status avian species, at the discretion of the qualified biologist. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests would be removed as soon as work is complete or the fledglings have left the nest. Buffer zones shall not be disturbed until a qualified biologist determines that the nest is inactive.  Birds or their active nests shall not be disturbed, captured, handled or moved. Inactive nests may be moved by a qualified biologist, if necessary, to avoid disturbance by project activities. MM CUL-1 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified archaeologist and Tribal Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground-disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The archaeologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 24 of 27 report of all monitoring activities within 30 days of completion of these activities. MM CUL-2 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified geologist or paleontologist. Full-time monitoring shall be conducted for all excavations that will exceed 3 feet in depth. In the event that paleontological resources are discovered during construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The paleontologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM CUL-3 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 25 of 27 The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. MM NOI-1 The project shall supply an alternate mechanical ventilation system for all proposed residential units that will permit windows to remain closed for prolonged periods of time. MM TRANS-1 Curb-and-gutter and sidewalk improvements are in place but shall be modified accordingly, based on proposed driveway locations. The project shall construct curb-and-gutter and sidewalk improvements along the project’s western boundary along the southern extension of Auto Center Way.  Adams Street & Driveway 1—Modify the raised median to provide the following storage lengths: Southbound Left-Turn Lane: Improve the raised median to provide a pocket length of 100 feet to meet City standards for deceleration lanes and to allow right-in/right-out and left-in access only.  Auto Center Way & Driveway 2—Construct the intersection with the following: Construct east leg to facilitate ingress and egress access to the proposed hotel.  Driveway 3 & Auto Centre Drive—Construct the intersection with the following: Construct south leg to facilitate ingress and egress access to the proposed hotel. Westbound left-turn lane: provide a minimum of 50 feet of storage within the existing two-way-left turn lane (painted median).  La Quinta Drive & Driveway 4—Construct the intersection CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 26 of 27 with the following: Construct west leg to facilitate ingress and egress access to the proposed residential use. Northbound left-turn lane: provide a minimum of 50 feet of storage within the existing two-way-left turn lane (painted median). MM TCR-1 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified archaeologist and Tribal Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground-disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The archaeologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM TCR-2 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: CITY COUNCIL RESOLUTION 2020-028 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 EXTENSION NO. 1) THE CENTRE AT LA QUINTA ADOPTED: AUGUST 4, 2020 Page 27 of 27 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. 95. No signage is permitted with this approval. A separate permit from the Design and Development Department is required for any temporary or permanent signs.