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PCRES 2014-021PLANNING COMMISSION RESOLUTION 2014 - 021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2014-938, PHASE FOUR OF WASHINGTON PARK CASE NO.: SITE DEVELOPMENT PERMIT 2014-938 APPLICANT: JACK TARR DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 261" day of August, 2014, hold a duly noticed Public Hearing to consider a request by Jack Tarr Development for approval of site, architectural and landscaping plans for Phase 4 of Washington Park, generally located on the northeast corner of Washington Street and Avenue 47, more particularly described as: APN: 643-020-032 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on August 15, 2014, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1 . Consistency with the General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with the Zoning Code and Washington Park Specific Plan The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and the Washington Park Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The site development permit has been conditioned to ensure compliance with the zoning standards of the Regional Commercial zoning district and other supplemental standards as Planning Commission Resolution 2014 - 021 Site Development Permit 2014-938 Washington Park Phase 4 (Jack Tarr Development) Adopted: August 26, 2014 Page 2 of 3 established in Title 9 of the La Quinta Municipal Code and the One Eleven La Quinta Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The Community Development Department determined that the Conditional Use Permit and Site Development constitute a "project" as defined by the California Environmental Quality Act (CEQA). As a result, the City has prepared an Initial Study for Environmental Assessment 2014-635, in compliance with the requirements of CEQA. The Initial Study determined that the development of the proposed project would not have a significant impact on the environment, and the Community Development Director is recommending that a Negative Declaration of environmental impact be certified. 4. Architectural Design The architecture and layout of the theater building is compatible with, and not detrimental to, the existing surrounding commercial land uses, and is consistent with the development standards in the Municipal Code and Washington Park Specific Plan. The building is concluded to be appropriate for the proposed building location, and supplemental design elements (vibrant color palette, stone veneer, column pop -outs, etc.) appropriately enhance the architecture of the building. 5. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, which are taken from the approved plant list in the Washington Park Specific Plan, provide diversity and add character to the proposed building. The project landscaping for the proposed building, as conditioned, shall unify and enhance visual continuity of the proposed building with the surrounding development. Landscape improvements are designed and sized to provide visual appeal while adequately screening the parking lot from public view. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: Planning Commission Resolution 2014 - 021 Site Development Permit 2014-938 Washington Park Phase 4 (Jack Tarr Development) Adopted: August 26, 2014 Page 3 of 3 SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; ,SECTION 2. That it does hereby approve Site Development Permit 2014-938, 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 Planning Commission, held on this the 261h day of August, 2014, by the following vote: AYES: Commissioners Bettencourt, Blum, Wilkinson, and Chairperson Wright NOES: None ABSENT: Commissioner Fitzpatrick ABSTAIN: None R0BE#T WRIGHT, Chairperson City of La Quinta, California J071-INSON, Community Development Director of La Quinta, California PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 1 OF 21 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, or any Final Map recorded thereunder. 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 2014-938 shall comply with all applicable conditions and/or mitigation measures for the following related approval(s): Tentative Parcel Map 30903, Conditional Use Permit 2014-158 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall adjudicate the conflict by determining the precedence. 3. The Site Development Permit shall expire on August 26, 2016 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 Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • 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) • State Water Resources Control Board PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 2 OF 21 • 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 Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City 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. 137-2013-001 1 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-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)): 1) Temporary Soil Stabilization (erosion control). PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 30F21 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The applicant shall execute and record an agreement that provides 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 PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 4 OF 21 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 1 1 . 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. 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. 15. 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. 16. 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. 17. Direct vehicular access is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 18. 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. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 5OF21 STREET AND TRAFFIC IMPROVEMENTS 19. 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. 20. 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. 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) La Quinta Center Drive at Highway 1 1 1 a) Construct a 525-foot long dual left turn lanes on westbound Highway 1 1 1 at La Quinta Center Drive. b) Re -stripe the eastbound right turn lane to provide a pocket length of 250-feet and a transition taper of 150-feet. 2) Washington Street at Washington Park Plaza Driveway a) Re -construct the northbound right turn lane to provide a pocket length of 250-feet with a transition taper of 1 50-feet. b) Construct a 250-foot to 300-foot long southbound left turn lane. Applicant will submit an engineer's estimate for the cost of construction of a 300-foot long left turn lane on southbound Washington Street at Washington Park Plaza Driveway for the City's review and approval. Prior to grading permit issuance, applicant shall post bonds for the agreed upon construction costs based on the engineer's estimate with contingencies. The intersection shall be evaluated 24 months after the theater and all restaurants have opened for business to determine if a 250-foot long or 300-foot long left turn lane is warranted at that time. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 6OF21 3) La Quinta Center Drive/Caleo Bay at Avenue 47 a) Construct an all -way stop controlled intersection. Applicant will additionally relocate the monument sign on the northwest corner and remove the existing temporary fencing to improve visibility at the intersection. B. ON -SITE STREETS 1) La Quinta Center Drive at the Lowes/Target Driveway a) Re -stripe the southbound approach along La Quinta Center Drive from Highway 1 1 1 to the Lowes/Target Driveway to provide two lanes in order to accommodate receiving lanes for the proposed dual westbound left -turn lanes at the intersection of La Quinta Center Drive and Highway 1 1 1 . The two southbound lanes will be restriped as a left -turn and shared through -right -turn lane at the Lowes/Target Driveway to provide additional storage in an effort to minimize potential spillback onto Highway 1 1 1 . 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). 22. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 23. 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 LOTS and ACCESS POINTS 24. 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. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 7OF21 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. 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. On -street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. 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. 25. 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. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 26. 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. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 8OF21 The applicant shall not schedule construction operations until mix designs are approved. 27. 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 engineers registered in California. 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. On -Site Precise Grading Plan 1 " = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) D. On -Site Private Water and Sewer Plans 1 " = 20' Horizontal 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 PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 9OF21 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. NOTE: E through F 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director and the City Engineer. "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. 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. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 10 OF 21 31. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 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" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 33. 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. 34. 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. 35. 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 through a SIA, prior to 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 PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 11 OF 21 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. 36. 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 tentative tract 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. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 37. The applicant shall submit detailed construction cost estimates for all proposed grading and off -site improvements 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. 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. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 12 OF 21 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 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 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. A statement shall appear on the plans 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. 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. 42. Prior to any grading improvements, the applicant shall submit grading performance security valued at 100% of the cost of the grading improvements in accordance PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 13 OF 21 with La Quinta Municipal Code 8.80.050, or as 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 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. 43. 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. 44. Building pad elevations on the 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. 45. The applicant shall minimize the differences in elevation between the adjoining properties within this development. 46. 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 approval through a substantial conformance 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. DRAINAGE 48. Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2014-938 and/or Parcel Map 30903, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 14 OF 21 49. 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 tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 50. 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. 06-01 5 - Underground Retention Basin Design Requirements. 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 Community Development 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. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 55. 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). 56. The design of the development shall not cause any increase in flood boundaries PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 15 OF 21 and levels in any area outside the development. 57. 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. 58. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 59. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-201 3-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ or the most current order that is in effect. 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. 137-2013-001 1 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. UTII ITIFS 60. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 16 OF 21 61. 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. 62. Utility easements in favor of CVWD shall be clear of any obstructions including buildings, other permanent structures, and overhead obstructions. 63. 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. 64. 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 65. 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. LANDSCAPE AND IRRIGATION 66. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 67. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 68. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 17 OF 21 69. All landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 70. The applicant shall submit the final landscape plans for review, processing and approval to the Community Development Department, in accordance with the Final Landscape Plan application process as a minor final landscape plan. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Community Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. 71. Paved pedestrian access points into the project along Washington Street and Avenue 47 shall be incorporated in order to allow pedestrians into the center without disturbing the landscaping. The access paths shall be included in the landscaping plans, and will be reviewed and approved as part of the Final Landscaping Plan process. MAINTENANCE 72. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 73. The applicant shall make provisions for the continuous and perpetual maintenance of on -site landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 18 OF 21 74. 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 75. The required fire flow shall be available from 5 Super hydrant(s) (6" x 4" x 21 /2" x 21 /2") spaced not more than 300 apart and shall be capable of delivering a fire flow 5,500 GPM per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 76. 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. 77. 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. 78. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 79. Fire Apparatus access road 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 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 75 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. 80. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 19 OF 21 installation standards may be obtained at the Fire Department. 81. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 82. Install a complete commercial fire sprinkler system. Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 83. The PIV and FCD shall be located to the front of building within 50 feet of approved roadway and within 200 feet of an approved hydrant. Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation 84. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 85. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 86. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2013 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 87. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code. 88. Electrical room doors, if applicable, shall be posted "ELECTRICAL ROOM" on outside of door. 89. Fire Alarm Control Panel room doors, if applicable, shall be posted "FACP" on outside of door. PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 20 OF 21 90. Fire Riser Sprinkler room doors, if applicable, shall be posted "Fire Riser" on outside of door. 91. Roof Access room door, if applicable, shall be posted "Roof Access" on outside of door. 92. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 93. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs 94. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2013 CIVIC 95. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 96. 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. 97. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 98. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. MISCELLANEOUS PLANNING COMMISSION RESOLUTION 2014 - 021 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2014-938 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 21 OF 21 99. Prior to issuance of a building permit, a revised lighting plan shall be submitted for review and approval by the Community Development Department. The revised lighting plan shall include an updated photometric plan that incorporates zero foot- candles along the project perimeter, updated lighting fixtures along the perimeter (fully -shielded, angle -adjusted, visor -shielded if necessary), foot-candle measurement that includes shade trees, and a reduced lighting schedule for the hours following the conclusion of the final evening theater showing. 100. Any alteration to the theater building or Phase 4 site plan, including expansion, reduction, and reconfiguration shall be reviewed by the Community Development Department. Alterations deemed minor by the Department may be processed through a Modification by Applicant. Alterations deemed major by the Department may require an amendment to Site Development Permit 2014-938 or a new Site Development Permit. 101. No later than 30 minutes beyond the conclusion of the final evening movie showing, all freestanding outdoor lighting within the parking lot shall be dimmed to a level approved by the Community Development Department, and illuminated building signage shall be turned off.