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PCRES 2008-030PLANNING COMMISSION RESOLUTION 2008-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 4.82: ACRES INTO FOUR COMMERCIAL CONDOMINIUM PARCELS CASE NO.: TENTATIVE PARCEL MAP 35559 APPLICANT: LA QUINTA SHOPPES, LLC. WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 28' day of October, 2008, hold a duly noticed Public Hearing to consider the request of La Quinta Shoppes LLC., for the subdivision of 4.82± acres into four commercial parcels, located in a Community Commercial zoning district along the east side of Washington Street approximately 500 feet north of Avenue 48, more particularly described as: PARCEL 2 AND A PORTION OF PARCEL 3 OF PARCEL MAP 27892 WHEREAS, said Tentative Parcel Map has complied with the requirements of the "Rules to Implement the California Environm—en—t—a— Qualiuy--Act — of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Tentative Parcel Map is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 17th day of October, 2008, 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, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did make the following mandatory findings to justify approval of Tentative Parcel Map 35559: Finding A — The proposed map is consistent with the City of La Quinta General Plan and any applicable specific plans. The proposed condominium parcel map is consistent with the goals and policies of the General Plan and is consistent with the designated Community Commercial land uses, in that the map will contain commercial condominiums for retail, office uses, and general business. The proposed map is not located within the area of any approved specific plan. PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC Planning Commission Resolution 2008-030 Tentative Parcel Map 35559 La Quints Shoppes, LLC. October 28, 2008 Finding B - The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan and any applicable specific plans. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the. recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements. Accommodations for on -site stormwater retention shall be provided both above and below ground. The proposed map is not located within the area of any approved specific plan. Finding C - The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The design of the subdivision will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood because the project is located within an existing urban in -fill parcel of less than five acres that has been previously graded and partially improved. Furthermore, the La Quinta Planning Department has determined that this subdivision is exempt from an Environmental Assessment pursuant to the criteria as listed in Section 15315 of the Guidelines to the California Environmental Quality Act as an urban in -fill development. Finding D - The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100, "Improvements," of the Subdivision Ordinance. Legal access is provided from Washington Street, Caleo Bay Drive, and adjacent properties. Utility, parking, and reciprocal access easements for all parcels have been provided for, or have been conditioned as a part of the approval of the parcel map. Finding E — The site is suitable for the development of the project. The subdivision is physically compatible with the site with regard to level topography for the type of land use designation and development of the subject property, and in consideration of existing commercial and residential development PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC Planning Commission Resolution 2008-030 Tentative Parcel Map 35559 La Quinta Shoppes, LLC. October 28, 2008 in the surrounding area. The site was previously approved and graded for commercial uses and is therefore suitable for the development of the project. Finding F - The design of the subdivision or type of improvements are not likely to cause serious public health problems. As conditioned, the proposed subdivision will not result in any increased hazard or create conditions materially detrimental to public health, safety, or welfare, as the design has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, including Police and Fire Departments, with none identified. Finding G — The design of the subdivision provides adequate parking, circulation, and access. As conditioned, the project has been designed to provide adequate access and circulation, identifying four driveway entry locations with reciprocal access, accessible paths of travel, and accommodates access for public transit, pedestrians, and bicycles. All three parcels have shared parking and access to each other and a public right-of-way. Based upon these conditions, the Planning Commission finds that the subdivision complies with all City requirements and will not result in any significant impacts on the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 1. That the Planning Commission does hereby approve Tentative Parcel Map 35559 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 28' day of October, 2008, by the following vote, to wit: PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC Planning Commission Resolution 2008-030 Tentative Parcel Map 35559 La Quinta Shoppes, LLC. October 28, 2008 AYES: ALDERSON, BARROWS, QUILL, WEBER, WILKENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ED ALDERSON, Chairman City of La Quinta, California ATTEST: Planning Director City of La Quinta, California PAReports - PC\2008\10-28-08\SDP 08-903 TPM 35559\Reso TPM 35559.DOC PLANNING COMMISSION RESOLUTION 2008-030 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 35559 SHOPPES AT LA QUINTA OCTOBER 28, 2008 GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. e City shall promptly notify the applicant of any claim, action or proceeding I shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). e City of La Quinta's Municipal Code can be accessed on the City's Web Site www.la-quinta.org. 3. This Tentative Parcel Map shall expire on October 28, 2010, two years after Planning Commission approval, unless recorded or granted a time extension pursuant to .the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions) and the Subdivision Map Act. 4. Tentative Parcel Map 35559 shall comply with all applicable conditions of I pproval for Site Development Permit 2008-903. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department Riverside Co. Environmental Health Department Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES 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"), prior to the issuance of a grading or site construction permit by the City. 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. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-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.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to Pg. 2 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 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. 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 approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, 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. 137-2008-001. G. 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 Pg. 3 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 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. 137-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Parcel Map 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. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The public street right-of-way offers for dedication required for this development Pg. 4 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 include: A. PUBLIC STREETS 1) Washington Street (Augmented Major Arterial, 132' ROW) - The standard 66 feet from the centerline of Washington for a total 132-foot ultimate developed right of way except an additional variable right of way dedication on Washington at the project entrance measured 78 feet east of the centerline of Washington Street and length to be determined by current approved or preliminary traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. At a minimum, the required right of way shall be for a length of 200 feet plus a variable dedication of an additional 100 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Additional right of way is also required at the existing bus turnout on Washington to extend the bus lane north of it. 2) Caleo Bay - (Local Street, 60' ROW) - No additional right of way is required. 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall Pg. 5 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 grant the necessary rights -of -way within 60 days of a written request by the City. 14. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street (Augmented Major Arterial) - 20-foot from the R/W- P/L B. Caleo Bay Drive (Local Street) - 10-foot from the R/W The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. 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. 17. The applicant shall provide for reciprocal access with all parcel owners within this parcel map across all access drives and parking aisles and stalls. 18. The applicant shall offer reciprocal access agreements for the developments located north and south of this project. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. Pg. 6 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 STREET AND TRAFFIC IMPROVEMENTS 20. 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. 21. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 132' R/W option): Widen the east side of the street as required adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the requirements of these conditions. The east curb face shall be located 48 feet (48') east of the centerline to accommodate ultimate width and located 60 feet (60') east of the centerline to accommodate a deceleration/right turn only lane on Washington Street. Specific improvements shall include: a) Bus turnout — Extend the north side of the bus turnout to accommodate a deceleration lane to the entrance on Washington. The pavement extension shall consist of a concrete structural section. b) Modify a section of the existing median (both sides of centerline) on Washington to provide a Left Turn Restrictor per current city guidelines. c) Class III Bike Lane (Maximize the width of outside lane). Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. Pg. 7 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 e) 8-foot wide Meandering Sidewalk. f) Reconstruct the landscaped median and parkway for required improvements as approved by the City Engineer and Planning Director. Reconstruction may require the relocation and/or removal of existing plants or trees that are located in the median or parkway as required for sight distance concerns and retention basin revisions. Applicant shall collaborate with the Maintenance Association to obtain the necessary approvals for parkway access and reconstruction as required. 2) Caleo Bay Drive (Collector; 60' R/W): a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Six foot (6') wide sidewalk per La Quinta Standard 240. 22. The applicant shall design street pavement sections using the 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. or the approved equivalents of alternate materials. 23. 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. 24. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right and Left turn in, Right turn out Pg. 8 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 only. B. Secondary Entry (Caleo Bay): Full turn movements are permitted. 25. 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. 26. 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. FINAL MAPS 27. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. 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. 28. 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). 29. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Commercial Precise Grading Plan/Drainage/Signing Striping Pg. 9 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. Washington. Street Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Cafeo Bay Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Washington Street Off -Site Signing & Striping Plan 1" = 40' Horizontal G. Caleo Bay Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to. commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Public Works Department. "Precise 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 noting the 2007 California Building Code accessibility requirements associated with each door. Pg. 10 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to Public Works in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director, and the City Engineer. "Site Development" 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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 30. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 31. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 32. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and Pg. 11 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 reflect said "As -Built" 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 33. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 34. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 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 through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. Pg. 12 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 36. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Parcel map. 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 and prior to issuance of a Temporary/Permanent Certificate of Occupancy for any building. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 37. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Pg. 13 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 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. 38. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 39. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 40. 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. 41. 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 qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, 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. An approved contract for archaeological monitoring services to be conducted by a qualified professional. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. Pg. 14 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. 42. 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. 43. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 44. Building pad elevations on the precise 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. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46. 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 Pg. 15 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 shown on the Conceptual Grading Plan dated 9/14/2008, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 47. 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. 48. 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 49. Stormwater handling shall conform to the preliminary hydrology and drainage report for "The Shoppes of La Quinta" (Public Work Plan Check No. 08141). Nuisance water shall be disposed of in an approved manner. Applicant shall modify the adjacent Lake La Quinta stormwater system by the addition of new storm drain inlets and reconstruction of the storm drain pipe entering the Lake La Quinta project. Applicant shall modify the Washington Street inlet system, parkway retention basin and provide supplemental underground retention facilities for Washington Street tributary water. Applicant shall install a permeable paver system with a deep gravel storage bed to maintain the HGL of the Lake La Quinta stormwater system. 50. The applicant shall comply with the provisions of LQMC Section 13.24.120 Pg. 16 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 (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. 51. 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. 52. 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. 53. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 54. 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. 55. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 56. 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. 57. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Pg. 17 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 UTILITIES 58. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 59. 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. 60. Utility transformer boxes unable to be fully screened from view shall be painted a color consistent with the approved color palate and/or adjacent landscaping. 61. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 62. 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. WATER -EFFICIENT LANDSCAPING AND IRRIGATION 63. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape Pg. 18 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 architect. 66. 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, 5" 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. 67. Tree wells within the parking lot shall have a minimum planting area of six feet in diameter/width. ARCHAEOLOGICAL MONITORING 68. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, one of which shall be a Native American tribal member. The monitor shall be empowered to stop and redirect earth moving activities as necessary to identify and study any identified resource. A signed contract for archaeological monitoring shall be submitted to both Planning and Public Works Departments prior to issuance of any. grading permits. The final report of monitoring activities shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the first house on the project site. 69. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. PUBLIC SERVICES 70. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 71. The applicant shall comply with the provisions of LQMC Section 13.24.160 Pg. 19 of 20 Planning Commission Resolution 2008-030 Conditions of Approval - Adopted Tentative Parcel Map 35559 Shoppes at La Quinta October 28, 2008 (Maintenance). 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 73. 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. 74. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 75. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accord with Chapter 3.34 of the Municipal Code. Pg. 20 of 20