Loading...
PC Resolution 2018-006PLANNING COMMISSION RESOLUTION 2018 - 006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ENVIRONMENTAL ASSESSMENT, SPECIFIC PLAN AMENDMENT, TENTATIVE PARCEL MAP, AND SITE DEVELOPMENT PERMIT FOR THE PAVILION PALMS SHOPPING CENTER .LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 2017-0006 SPECIFIC PLAN 2017-0002 TENTATIVE PARCEL MAP 2017-0003 SITE DEVELOPMENT PERMIT 2017-0009 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 81h day of May, 2018, hold a duly noticed Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center, generally located at the northwest corner of Jefferson Street and Avenue 50, more particularly described as: APN 602-180-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on April 27, 2018 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Environmental Assessment 2017-0006 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 9.250.010 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: As conditioned, proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2017-0006. Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 2 of 7 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts can be mitigated to a less than significant level. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. Impacts which are individually limited or cumulatively considerable can be mitigated to be less than significant. 5. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality can be mitigated to be less than significant. Specific Plan (Amendment) 2017-0002 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 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan: Consistency with General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that it will result in the development of an approximate 125,000 sq. ft. shopping center which is permitted in the General Commercial land use designation. The proposed project is consistent with Goal LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 3 of 7 range of goods and services to its residents and the region. The project conceptual landscape design is consistent with Goal WR-1 as it will result in the efficient use and conservation of the City's water resources. 2. Public Welfare Approval of the proposed Specific Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The property will continue to be zoned as Community Commercial which is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi - neighborhood area. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is relatively flat, vacant, and the area can be served by all necessary public services and utilities. The proposed project is located at the intersection of arterial streets and provides convenience to goods and services to residential neighborhoods in the vicinity. Tentative Parcel Map 2017-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 4of7 Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017-0002 as proposed. The Tentative Parcel Map is consistent with the General Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 2017-0002. 2. The design and improvement of Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017-0002 with the implementation of recommended conditions of approval. 3. The design of Tentative Parcel Map 37370 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2017- 0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. The design of Tentative Parcel Map 37370 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development given the site's location at the corner of two arterial roadways and the site is relatively flat, vacant, and can be served by all necessary public services and utilities. 6. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. The design and improvements required for Tentative Parcel Map 37370 will not conflict with easements, acquired by the public at large, for access through or use of the property. All roadway improvements, easements, if Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 5 of 7 any and surrounding improvements will be completed to City standards. Site Development Permit 2017-0009 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan 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 shopping centers in the City, and the proposed use maintains those policies. The proposed project is consistent with Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the purpose and intent of the Community Commercial District as well as the development standards of the City's Zoning Code and Pavilion Palms Specific Plan in terms of architectural style and landscaping. The project satisfies the District's intent to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi -neighborhood area. The project is generally consistent with the Non-residential development standards and permitted use table, except deviations that include requested reductions from landscape setback standards, increased retail building size, and allowance of automotive service station as a permitted use. These development standard and land use deviations may be approved with the Specific Plan Amendment. 3. Compliance with CEQA The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 6of7 Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. Architectural Desk n The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 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. 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 Lo Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; Planning Commission Resolution 2018 - 006 Environmental Assessment 2017-0006 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center Adopted: May 8, 2018 Page 7of7 SECTION 2. That the Planning Commission hereby recommends to the City Council approval of Environmental Assessment 2017-0006, Specific Plan 2017-0002, Tentative Parcel Map 2017-0003 and Site Development Permit 2017-0009. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 8th day of May, 2018, by the following vote: AYES: Commissioners Bettencourt, Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill NOES: None ABSENT: None ABSTAIN: None --4 C Ga- PAUL QUILL, Chairperson City of La Quinta, California ATTEST: GABRIEL PER , Pff'r, ng Manager City of La Quinta,rnia PLANNING COMMISSION RESOLUTION 2018- 006 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 1 OF 2 SPECIFIC PLAN 2017-0002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quints ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. 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. Specific Plan 2017-0002 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2017-0002, these conditions shall take precedence. 3. Specific Plan 2017-0002 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: Environmental Assessment 1998-375 and 2017-0006 Tentative Parcel Map 2017-0003 (TTM 37370) Site Development Permit 2017-0009 In the event of any conflict(s)_between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide an electronic copy (.pdf) and three bound paper copies of the Final Specific Plan document to the Design and Development Department. The Final Specific Plan shall include all text and graphics, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Manager. 5. Fuel center operating hours shall be limited to 7:00 a.m. to 10:00 p.m. as stated in the Specific Plan. Any changes that need to be made to these hours after approval of the Specific Plan shall be subject to approval by the Design and Development Director. 6. Representatives from tribes within the project vicinity commented and have requested the following considerations: A. The presence of an approved Agua Caliente Native American Cultural Resource PLANNING COMMISSION RESOLUTION 2018- 006 CONDITIONS OF APPROVAL - FINAL SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 2OF2 Monitor(s) shall be onsite during any ground disturbing activities (including archaeological testing and surveys). B. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 1 of 25 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 2017-0009 shall comply with all applicable conditions for the following related approval(s): Environmental Assessment 2017-0006 Tentative Parcel Map 2017-0003 (Tentative Parcel Map 37370) Specific Plan 2017-0002 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Design and Development shall adjudicate the conflict by determining the precedence. 3. Pad Buildings 1, 2, 3, 6, 8, and 9 shall require, prior to construction of any structures, a Site Development Permit to be reviewed and approved by the Planning Commission at a public hearing. 4. The Site Development Permit shall expire two years from City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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: Riverside County Fire Marshal La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) Lo Quinta Planning Division PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 2 of 25 ® 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 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. 6. 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. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 3 of 25 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). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post - construction BMPs as required. 8. 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). 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred bythe CityAttorneyto review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 4 of 25 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 and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 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, site development permit, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial) - 64 feet from the centerline of Jefferson Street for a total 128-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 50 (Primary Arterial) - 54 feet from the centerline of Avenue 50 for a total 108-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 5 of 25 Pursuant to this requirement, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan 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. 16. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of-way, the applicant shall grant the necessary right-of-way within 60 days of a written request by the City. 17. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Jefferson Street (Major Arterial) - Minimum 18-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) - Minimum 18-foot from the R/W-P/L. 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. 18. 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. 19. Direct vehicular access to Jefferson Street and Avenue 50 is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 6 of 25 retaining wall construction, permanent slopes, or other encroachments will occur. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 22. 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. 23. 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. Unused curb cuts on any lot shall be restored to standard curb height priorto final inspection of permanent building(s) on the lot. 24. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) a. Widen the west side of the street along frontage as necessary in order to accommodate deceleration/right turn only lanes serving the two entrances to the project. b. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. C. Class II bike lane as approved by the City Engineer d. Applicant shall pay cash fee to reimburse City for sidewalk improvements made to applicant's frontage through the City's Capital Improvement Program. 2) Avenue 50 (Primary Arterial) a. Widen the north side of the street along all frontage to the PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 7 of 25 project boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. A deceleration/right turn only lane serving the entrances to the project as approved by the City Engineer C. 12-foot wide landscaped median along the entire boundary of the project plus variable width as needed to accommodate for a left turn lane into the easterly Avenue 50 project entry and for a left turn lane for eastbound Avenue 50 traffic at the intersection of Avenue 50 and Jefferson Street as approved by the City Engineer. d. Class II bike lane as approved by the City Engineer e. 6-foot wide sidewalk —The applicant shall revise the site plan and landscape plan to include a non-contiguous 6-foot wide sidewalk along Avenue 50 and Jefferson Street at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. The applicant is responsible for the cost to design and install dual eastbound left turn lanes to northbound Jefferson Street when determined by the City Engineer and a traffic study prepared for the applicant per Engineering Bulletin #06-13 that the left -turn volumes cannot be adequately served by the single left -turn lane. Applicant shall enter into a SIA to post separate security for the cost to design and install the dual eastbound left turn lanes. This obligation will remain in effect for 10 years after recordation of the final map unless otherwise approved by the City Engineer. 3) Jefferson Street/Avenue 50 Intersection: All necessary traffic signal modifications in the northwest quadrant of the intersection and any other modifications warranted by the timing and traffic generation of this development. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 8 of 25 4) Other required improvements in the right-of-way and/or adjacent landscape setback area include: all appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for construction of all improvements mentioned above. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 25. General access points and turning movements of traffic are limited to the following: Jefferson Street (northerly): Right turn in, right turn out, and left turn in movements are permitted. Left turn out movements are prohibited. Jefferson Street (southerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (westerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (easterly): Full turn movements in and out are allowed. 26. 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 27. 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 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 9 of 25 C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 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 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 28. 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 per the City Engineer. 29. 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. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 10 of 25 30. 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. 31. 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. 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan B. PM10 Plan C. D. E. F. Erosion Control Plan WQMP 1" = 40' Horizontal 1" = 40' Horizontal 1" = 40' Horizontal (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1" = 40' Horizontal, 1" = 4' Vertical 1" = 40' Horizontal PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 11 of 25 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On Site Sewer and Water Improvement Plan 1" = 40' Horizontal H. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical I. On -Site Precise Grading Plan 1" = 30' Horizontal (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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 Design and Development Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Development Division at the City website (www.la-nuinta.orq). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 12 of 25 35. The applicant shall furnish a complete set of the mylars of all approved improvement plans acceptable to the City Engineer. 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the 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 37. 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. 38. 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). 39. 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. 40. 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. 41. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 13 of 25 any permits in the first phase of the development, or as otherwise approved by the City Engineer. If construction of the commercial center proceeds in phases, the first phase of development shall include the construction and completion of the Anchor tenant building and associated fuel center, Shop 1, Retail Building 1, project landscaping and parking areas. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 14 of 25 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. 43. 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 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. 44. 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 45. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 46. 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. 47. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 15 of 25 Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an engineer 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. 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. 48. The applicant shall maintain all open graded, undeveloped land in orderto 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. 49. 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. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 51. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 16 of 25 53. 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 Site Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance finding review. 54. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. Stormwater handling shall conform with the approved hydrology and drainage report for the Pavilions Plaza Commercial Development project (TPM37370 and SDP2017-0009), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 56. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, FnginPPring Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 57. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 58. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 17 of 25 Engineer. 59. 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. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 61. 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. 62. 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). 63. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 64. 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. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 66. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 18 of 25 (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 67. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 68. 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. 69. 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. 70. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 19 of 25 71. 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 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall be shielded to minimize trespass of light off the property. 76. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 20 of 25 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 81. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 82. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 83. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 84. 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 85. The required fire flow shall be available from Super hydrant(s) (6" x 4" x 21/2" x 21/2") spaced not more than 350 apart and shall be capable of delivering a fire flow 1500 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 86. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 21 of 25 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. 87. 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. 88. Blue dot retro-reflector pavement markers shall be located on private streets, public streets and driveways to indicate location of the fire hydrant per standard number 06-05 (located at www.rvcfire.org) 89. 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 60 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. 90. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access doorto 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 installation standards may be obtained at the Fire Department. 91. 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. 92. 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. 93. 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. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 22 of 25 94. 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. 95. 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. 96. 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. 97. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code. 98. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 99. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 100. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 101. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 102. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 103. 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 CMC. 104. 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. 105. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 23 of 25 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 760-777-7074. 106. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. 107. 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. 108. 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. BUILDING DIVISION 109. Building Plans prepared for permitting shall meet applicable California Building Codes effective at the time of submittal. MISCELLANEOUS 110. Representatives from tribes within the project vicinity commented and have requested the following considerations: A. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be onsite during any ground disturbing activities (including archaeological testing and surveys). B. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. 111. The County Coroner shall be contacted if human remains are identified during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and the landowner will work with the designated MLD to determine the final PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 24 of 25 disposition of the remains. 112. No signage is permitted with this approval. A separate permit from the Design and Development Department is required for any temporary or permanent signs. 113. The applicant shall submit exhibits to the Planning Manager and City Engineer that demonstrate vehicles can turn into approved drive aisles for drive through facilities in one continuous movement prior to precise grading plan approval. The applicant shall modify drive aisle entries for drive through facilities on precise grading and building construction plans if the Planning Manager and City Engineer determine such modifications are necessary to accommodate vehicles turning into drive aisles. 114. The applicant shall install a transition for the eastbound Avenue 50 to northbound Jefferson Street left turn lane that separates the turn lane from the left turn lane into the shopping center from eastbound Avenue 50. This transition will keep the left turn queue for Jefferson Street from backing up into the median break for the shopping center full turn movement. 115. Applicant/Developer shall add metal louvres as a decorative element to the fuel center canopy consistent with the architecture of the convenience store building. The metal louvres shall be reviewed and approved during building plan check. 116. The size of Building 7 shall be reduced from 3,000 square feet to 600 square feet and shall not include the sale of alcoholic beverages. 117. Public Art shall be dedicated on the project site or the Applicant/Developer shall pay a development fee pursuant to the requirements of Chapter 2.65 Art in Public Places. 118. Pads 1, 2, 3, 6, 8, and 9 shall be planted with drought tolerant landscaping and/or decomposed granite and shall include fencing as appropriate so long as they are vacant. Landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation, and maintenance for vacant pads. The final landscape plan must be reviewed and approved by the Planning Commission at a public hearing prior to construction. 119. The project sign program shall be reviewed and approved by the Planning Commission at a public hearing prior to construction. 120. The height of parking lot lighting shall be modified to heights consistent with existing commercial centers in the Community Commercial Zone and shall be PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 25 of 25 approved by the Planning Commission prior to construction. 121. The applicant shall install a minimum of 12 electric charging facilities in the anchor tenant's parking lot. 122. The landscape architect shall identify standards for planting, irrigation and maintenance in the final landscape plan and the standards shall be included in Covenants, Conditions, and Restrictions (CC&Rs) which shall be recorded on the Property and shall be reviewed and approved by the City. 123. Applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum covenants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quints as an express third party beneficiary; (3) be reviewed and approved by the City Attorney's Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 124. Applicant shall execute and record a maintenance agreement with the Renaissance HOA and the Palmilla HOA. The agreement shall (1) be imposed as an equitable servitude on the Property (2) require satisfactory, perpetual maintenance of the Property, (3) name the City as an express third party beneficiary; (4) be reviewed and approved by the City Attorney's Office prior to recordation; and (5) state that the maintenance agreement cannot be amended without prior written consent of the City. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 1 of 20 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 Tentative Parcel Map, 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. 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"). 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) ® La Quinta Planning Division ® Riverside Co. Environmental Health Department ® Desert Sands Unified School District (DSUSD) ® Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) a State Water Resources Control Board SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 2 of 20 4. Coverage under the State of California General Construction Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 3 of 20 requirement for the perpetual maintenance and operation of all post - construction BMPs as required. 6. 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). 7. 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. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 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 and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 4 of 20 access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. 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. 12. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial) - 64 feet from the centerline of Jefferson Street for a total 128-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 50 (Primary Arterial) - 54 feet from the centerline of Avenue 50 for a total 108-foot ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 13. 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. 14. 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 grant the necessary rights -of -way within 60 days of a written request by the City. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 5 of 20 15. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Jefferson Street - 20-foot from the R/W-P/L. B. Avenue 50 - 20-foot from the R/W-P/L. 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. 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 on the Final Map. 17. Direct vehicular access to Jefferson Street and Avenue 50 is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 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. 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. 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. 21. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 6 of 20 residue during street sweeping operations. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) a. Widen the west side of the street along frontage as necessary in order to accommodate deceleration/right turn only lanes serving the two entrances to the project. b. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. C. Class II bike lane as approved by the City Engineer d. Applicant shall pay cash fee to reimburse City for sidewalk improvements made to applicant's frontage through the City's Capital Improvement Program. 2) Avenue 50 (Primary Arterial) a. Widen the north side of the street along all frontage to the project boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Street widening improvements shall include all appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b. A deceleration/right turn only lane serving the entrances to the project as approved by the City Engineer C. 12-foot wide landscaped median along the entire boundary of the project plus variable width as needed to accommodate for a left turn lane into the easterly Avenue 50 project entry and for a left turn lane for eastbound Avenue 50 traffic at the PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 7 of 20 above. intersection of Avenue 50 and Jefferson Street as approved by the City Engineer. d. Class II bike lane as approved by the City Engineer e. 6-foot wide sidewalk —The applicant shall revise the site plan and landscape plan to include a non-contiguous 6-foot wide sidewalk along Avenue 50 and Jefferson Street at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and approved by the City Engineer and Planning Manager prior to construction. f. The applicant is responsible for the cost to design and install dual eastbound left turn lanes to northbound Jefferson Street when determined by the City Engineer and a traffic study prepared for the applicant per Engineering Bulletin #06-13 that the left -turn volumes cannot be adequately served by the single left -turn lane. Applicant shall enter into a SIA to post separate security for the cost to design and install the dual eastbound left turn lanes. This obligation will remain in effect for 10 years after recordation of the final map unless otherwise approved by the City Engineer. 3) Jefferson Street/Avenue 50 Intersection: All necessary traffic signal modifications in the northwest quadrant of the intersection and any other modifications warranted by the timing and traffic generation of this development. 4) Other required improvements in the right-of-way and/or adjacent landscape setback area include: all appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for construction of all improvements mentioned 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). 23. General access points and turning movements of traffic are limited to the PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 8 of 20 following: Jefferson Street (northerly): Right turn in, right turn out, and left turn in movements are permitted. Left turn out movements are prohibited. Jefferson Street (southerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (westerly): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. Avenue 50 (easterly): Full turn movements in and out are allowed. 24. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 25. The applicant shall install a transition for the eastbound Avenue 50 to northbound Jefferson Street left turn lane that separates the turn lane from the left turn lane into the shopping center from eastbound Avenue 50. This transition will keep the left turn queue for Jefferson Street from backing up into the median break for the shopping center full turn movement. FINAL MAPS 26. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. PARKING and ACCESS POINTS 27. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues can be evaluated. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 9 of 20 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 30 feet or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 28. 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 per the City Engineer. 29. 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. 30. 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. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 10 of 20 31. 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. 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. Erosion Control Plan 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off -Site Signing & Striping Plan 1" = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On Site Sewer and Water Improvement Plan 1" = 40' Horizontal PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page it of 20 H. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical I. On -Site Precise Grading Plan 1" = 30' Horizontal (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Division. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Design and Development Department atthe Citywebsite (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of all approved improvement plans on a PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 12 of 20 storage media acceptable to the City Engineer (currently mylars). 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the 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 37. 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 some, or shall agree to any combination thereof, as may be required by the City. 38. 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). 39. 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. 40. 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. 41. 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 PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 13 of 20 City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. 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 or by the issuance of the 20% Building Permit. 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. 43. 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 as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 14 of 20 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. 44. 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 45. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 46. 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. 47. 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. A 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. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 15 of 20 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. 48. 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. 49. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 51. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 53. 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 Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 54. 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. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 16 of 20 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. Stormwater handling shall conform with the approved hydrology and drainage report for the Pavilions Plaza Commercial Development project (TPM37370 and SDP2017-0009), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 56. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 57. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 58. 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. 59. 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. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 17 of 20 61. 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. 62. 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). 63. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 64. 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. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 66. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 18 of 20 C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 67. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 68. 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. 69. 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. 70. 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 71. 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 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 19 of 20 retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall be shielded to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PLANNING COMMISSION RESOLUTION 2018-006 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MAY 8, 2018 Page 20 of 20 PUBLIC SERVICES 81. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 82. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 83. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 84. 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.