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CC Resolution 2021-006 Pavilion Palms SP, TPM, & SDPCOUNCIL RESOLUTION 2021 - 006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, FOR APPROVAL OF A 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: SPECIFIC PLAN 2017-0002 TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) SITE DEVELOPMENT PERMIT 2017-0009 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS the City Council of the City of La Quinta, California did, on March 2, 2021, hold a continued Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center, consisting of approximately 125,800 sq. ft., 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 June 26, 2020 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the City Council of the City of La Quinta, California did previously hold a continued Public Hearing on December 15, 2020, to consider this project and continued the Public Hearing to a date certain, to allow the applicant additional time to revise the site plan and did recommend that the Planning Commission review modified site design of the project, specifically at the corner of Jefferson Street and Avenue 50; and WHEREAS, the Planning Commission of the City of La Quinta, California on January 26 and February 17, 2021, did review modified site design of the project, and did recommend Council approval of the modified site design; and Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 2 of 12 WHEREAS, the City Council of the City of La Quinta, California did previously hold a continued Public Hearing on October 6, 2020, to consider this project and continued the Public Hearing, to a date certain, to allow the applicant additional time to revise the site plan and prepare the revised application package, and did refer a portion of the application back to the Planning Commission for a recommendation on adding a provision to the Specific Plan Amendment (SP 2017-0002) to allow for taller building height along image corridors; and WHEREAS, the Planning Commission of the City of La Quinta, California did discuss on November 24, 2020, a provision to the Specific Plan Amendment (SP 2017-0002) to allow for taller building height along image corridors and did not recommend the City Council add this provision; and WHEREAS, the City Council of the City of La Quinta, California did previously hold continued Public Hearings on May 5, and July 7, 2020, to consider this project and continued the Public Hearings to dates certain, at the applicant’s request to allow the applicant additional time to revise the site plan and prepare the revised application package; and WHEREAS, the City Council of the City of La Quinta, California did previously hold duly noticed Public Hearings on February 4 and March 3, 2020, to consider this project and continued the Public Hearings to dates certain, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a continued Public Hearing on December 10, 2019, and recommended Council approval of this project; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a continued Public Hearing on October 8, 2019 to consider this project and continued the Public Hearing to a date certain, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on June 26, 2018 to consider this project and continued the Public Hearing, to allow the applicant time to revise the traffic study and include an analysis of other intersections in the area; and Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 3 of 12 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 City Council, having great deference in interpreting the project’s consistency with General Plan Goals and Policies, knowing that it is nearly impossible for a project to be in perfect conformity with each and every General Plan Goal and Policy (Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1510-1511), did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: 1. 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 125,800 sq. ft. shopping center which is permitted in the General Commercial land use designation. The proposed project is consistent with and would not frustrate the Goals and Policies of the General Plan as follows:  Goals 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 range of goods and services to its residents and the region.  Policy LU-2.2 which requires Specific Plans for projects proposing flexible development standards that differ from the Zoning Ordinance. This project proposes variations from several development standards; therefore, a Specific Plan is appropriate for the project.  Policy CIR-1.12 to reduce vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City by the development of a land use pattern that maximizes interactions between adjacent or nearby land uses. This project proposes a shopping center near residences which would provide jobs near housing and provide goods and services near residences to shorten vehicle miles traveled. Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 4 of 12  Policy CIR-2.3 to develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi-use paths to places of employment, recreation, shopping, schools, and other high activity areas by providing sidewalks on Avenue 50 and Jefferson Street along the project’s frontage as well as walkable areas within the project site.  Policy SC-1.6 to expand the City’s alternative transportation network by providing sidewalks along Avenue 50 and Jefferson Street to connect gaps in the City’s sidewalk system.  Program PR-1.8.c: to promote and improve public access to farmers markets and grocery stores that sell fresh produce and healthy foods with the establishment of a supermarket at the site.  Policy AQ-1.6 which states that proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA. The project’s MND analyzed these and determined that mitigation measures would reduce impacts to less than significant levels.  Policy BIO-1.2 which states that site-specific, species-specific surveys shall be required for species not covered by the MSHCP. The project’s MND includes mitigation that requires pre-construction surveys for burrowing owl, which is not a covered species under the MSHCP.  GOAL CUL-1 which supports protection of significant archaeological, historic and paleontological resources which occur in the City. The project’s MND includes mitigation measures to include a tribal monitor during ground disturbing activities.  GOAL N-1 which supports a healthful noise environment which complements the City’s residential and resort character. The project’s MND includes mitigation measures to reduce noise impacts to less than significant levels. Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 5 of 12  GOAL GEO-1 which supports the protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. The project’s MND determined that with implementation of required building and seismic code standards, the project would have a less than significant impact on geological resources.  Policy FH-1.3 which states that the City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. The project is consistent with this policy since underground retention will be provided that will contain the 100-year storm for the site.  Policy PF-1.3 which states that the City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities. The project will be required to pay development impact fees which is a funding mechanism for municipal facilities and public services.  The project conceptual landscape design is consistent with Goal WR-1 and Policy UTL-1.2 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 Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 6 of 12 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 proposed shopping center would result in a floor area ratio of 0.23, which is below the allowed 0.30 floor area ratio in the Community Commercial zone. 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 City Council did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. 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 Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 7 of 12 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 Title 13 of the La Quinta Municipal Code and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of the 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 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 City Council, having great deference in interpreting the project’s consistency with General Plan Goals and Policies, knowing that it is nearly impossible for a project to be in perfect conformity with each and every General Plan Goal and Policy (Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1510-1511), did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 8 of 12 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 and would not frustrate the Goals and Policies of the General Plan as follows:  Goals 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 range of goods and services to its residents and the region.  Policy LU-2.2 which requires Specific Plans for projects proposing flexible development standards that differ from the Zoning Ordinance. This project proposes variations from several development standards; therefore, a Specific Plan is appropriate for the project.  Policy CIR-1.12 to reduce vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City by the development of a land use pattern that maximizes interactions between adjacent or nearby land uses. This project proposes a shopping center near residences which would provide jobs near housing and provide goods and services near residences to shorten vehicle miles traveled.  Policy CIR-2.3 to develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi-use paths to places of employment, recreation, shopping, schools, and other high activity areas by providing sidewalks on Avenue 50 and Jefferson Street along the project’s frontage as well as walkable areas within the project site.  Policy SC-1.6 to expand the City’s alternative transportation network by providing sidewalks along Avenue 50 and Jefferson Street to connect gaps in the City’s sidewalk system.  Program PR-1.8.c: to promote and improve public access to farmers markets and grocery stores that sell fresh produce and Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 9 of 12 healthy foods with the establishment of a supermarket at the site.  Policy AQ-1.6 which states that proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA. The project’s MND analyzed these and determined that mitigation measures would reduce impacts to less than significant levels.  Policy BIO-1.2 which states that site-specific, species-specific surveys shall be required for species not covered by the MSHCP. The project’s MND includes mitigation that requires pre-construction surveys for burrowing owl, which is not a covered species under the MSHCP.  GOAL CUL-1 which supports protection of significant archaeological, historic and paleontological resources which occur in the City. The project’s MND includes mitigation measures to include a tribal monitor during ground disturbing activities.  GOAL N-1 which supports a healthful noise environment which complements the City’s residential and resort character. The project’s MND includes mitigation measures to reduce noise impacts to less than significant levels.  GOAL GEO-1 which supports the protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. The project’s MND determined that with implementation of required building and seismic code standards, the project would have a less than significant impact on geological resources.  Policy FH-1.3 which states that the City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. The project is consistent with this policy since underground retention will be provided that will contain the 100-year storm for the site. Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 10 of 12  Policy PF-1.3 which states that the City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities. The project will be required to pay development impact fees which is a funding mechanism for municipal facilities and public services.  The project conceptual landscape design is consistent with Goal WR-1 and Policy UTL-1.2 as it will result in the efficient use and conservation of the City’s water resources. 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 Specific Plan 2017-0002 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 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 Design 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 Council Resolution No. 2021 - 006 Specific Plan 2017-0002; Tentative Parcel Map 2017-0003 (TPM 37370); Site Development Permit 2017-0009 Project: Pavilion Palms Shopping Center Adopted: March 2, 2021 Page 11 of 12 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 City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the City Council does hereby approve Specific Plan 2017-0002 subject to the Conditions of Approval attached hereto as “Exhibit A,” incorporated herewith by this reference. SECTION 3. That the City Council does hereby approve Tentative Parcel Map 2017-0003 (TPM 37370) subject to the Conditions of Approval attached hereto as “Exhibit B,” and incorporated herewith by this reference. CITY COUNCIL RESOLUTION 2020 – 006 – “EXHIBIT A” CONDITIONS OF APPROVAL – ADOPTED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 1 OF 2 SPECIFIC PLAN 2017-0002 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 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: CITY COUNCIL RESOLUTION 2020 – 006 – “EXHIBIT A” CONDITIONS OF APPROVAL – ADOPTED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 2 OF 2 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 1 of 22 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. Applicant shall work with the Design and Development Department to finalize Tentative Parcel Map package, including but not limited to, tentative parcel map and preliminary grading and drainage plan, within 60 days of City Council approval. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:  Riverside County Fire Marshal  La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  La Quinta Planning Division  Riverside Co. Environmental Health Department  Desert Sands Unified School District (DSUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB)  State Water Resources Control Board  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 2 of 22 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California General Construction Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 3 of 22 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8. 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. 9. 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 10. 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 COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 4 of 22 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. 11. 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. 12. 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. 13. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 5 of 22 14. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 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. 15. 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. 16. The applicant shall create minimum perimeter landscaping setbacks along all public rights-of-way as follows: A. Jefferson Street - 18-foot from the R/W-P/L. B. Avenue 50 - 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. 17. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 6 of 22 18. 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. 19. 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. 20. 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 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1) 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 7 of 22 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. Reconstruct sidewalk improvements as needed and applicant 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 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-curb adjacent 6-foot wide sidewalk along Avenue 50 at a minimum distance of 4 feet from the street curb. The site plan and landscape plan shall be reviewed and CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 8 of 22 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 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). 24. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 9 of 22 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. 25. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 26. 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 27. 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 28. 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. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 10 of 22 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. 29. 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. 30. 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. 31. 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. 32. 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 11 of 22 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. 33. 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). 34. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 12 of 22 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 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. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 13 of 22 Notes and Design Guidance” section of the Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. 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. 39. 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). CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 14 of 22 40. 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. 41. 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. 42. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 43. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 15 of 22 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. 44. 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. 45. 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 46. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 47. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 16 of 22 48. 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. 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. 49. 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. 50. 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 17 of 22 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. 51. 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. 52. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 53. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 54. 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. 55. 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 56. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 18 of 22 Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 57. 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. 58. 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. 59. 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. 60. 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. 61. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 62. 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. 63. 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 19 of 22 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). 64. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 65. 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. 66. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 67. 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. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 20 of 22 UTILITIES 68. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 69. 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. 70. 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. 71. 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 72. 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 73. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 21 of 22 74. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 75. 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). 76. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be shielded to minimize trespass of light off the property. Security lighting along the west elevation of the anchor building shall be installed below 20 ft. in height and shall be shielded to minimize trespass of light off the property and not shine directly onto neighboring residences. Any illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 77. 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. 78. 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. 79. 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 Commission approval of the final landscape plans is required prior to issuance of the first building permit. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 80. The applicant or his agent has the responsibility for proper sight distance CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT B” CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 2017-0003 (TPM 37370) PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2 2021 Page 22 of 22 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. 81. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. 82. All vacant pads shall be planted with drought tolerant landscaping and decomposed granite and shall include fencing as appropriate so long as they are vacant. The installation of all landscaping and decomposed granite, and fencing as appropriate, shall be completed prior to the issuance of Certificate of Occupancy of the Pavilions store. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), 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. PUBLIC SERVICES 83. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 84. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 85. 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 86. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 1 of 27 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, 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. Applicant shall work with the Design and Development Department to finalize Site Development Permit plan package, including but not limited to, elevations, roof plans, shell plans, materials board, preliminary landscape plans, and lighting plans, within 60 days of City Council approval. 4. Pad Buildings 1, 2, 8, 9, and 10 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. The architectural and landscaping design for these pad buildings shall be congruous with the design approved in Site Development Permit 2017-0006. 5. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 2 of 27 6. 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)  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. 7. 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. 8. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 3 of 27 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 requirement for the perpetual maintenance and operation of all post-construction BMPs as required. 9. 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). 10. 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 4 of 27 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. 11. 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 12. 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. 13. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 5 of 27 14. 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. 15. 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. 16. 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 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. 17. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 6 of 27 18. 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. 19. 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. 20. 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 21. 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. 22. 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 23. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 7 of 27 24. 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 prior to final inspection of permanent building(s) on the lot. 25. 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. Reconstruct sidewalk improvements as needed and applicant 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 8 of 27 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-curb adjacent 6-foot wide sidewalk along Avenue 50 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 9 of 27 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). 26. 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. 27. 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 28. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 10 of 27 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. 29. 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. 30. 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 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 11 of 27 gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 31. 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. 32. 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. 33. 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). 34. 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 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 12 of 27 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 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 & CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 13 of 27 gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 35. 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-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of the mylars of all approved improvement plans acceptable to the City Engineer. 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. 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. 39. 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). CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 14 of 27 40. 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. 41. 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. 42. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. 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, 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. 43. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 15 of 27 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. 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. 44. 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. 45. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 16 of 27 GRADING 46. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 47. 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. 48. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 17 of 27 49. 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. 50. 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. 51. 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. 52. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 53. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 54. 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. 55. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 18 of 27 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 56. 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. 57. 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. 58. 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. 59. 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. 60. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 19 of 27 61. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 62. 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. 63. 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). 64. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 65. 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. 66. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 67. 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- CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 20 of 27 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 68. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 69. 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. 70. 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. 71. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 21 of 27 CONSTRUCTION 72. 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 73. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 74. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 75. 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). 76. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Commission for their approval. Exterior lighting shall be consistent with LQMC Sections 9.100.150 (Outdoor Lighting) and 9.150.080 (Parking Facility Design Standards). All freestanding lighting shall not exceed 20 feet in height and shall be shielded to minimize trespass of light off the property. Security lighting along the west elevation of the anchor building shall be installed below 20 ft. in height and shall be shielded to minimize trespass of light off the property and not shine directly onto neighboring residences. Any illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 77. 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. 78. 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. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 22 of 27 79. 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 Commission approval of the final landscape plans is required prior to issuance of the first building permit. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 80. 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. 81. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. 82. Applicant/Developer shall install paving patterns, such as stamped concrete or decorative colored pavers, to delineate and differentiate pedestrian-oriented areas throughout the project from the vehicular circulation, parking areas, ingress and egress, to minimize conflicts between pedestrian and vehicle traffic. Paving patterns shall be approved with the final landscape plans by the Planning Commission prior to construction. PUBLIC SERVICES 83. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 84. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 85. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 23 of 27 FEES AND DEPOSITS 86. 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 87. Fire Hydrants and Fire Flow: Applicant and/or developer shall separately provide one copy of off-site water system plans detailing existing/proposed fire hydrant(s) and main(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1, within 400 feet to all portions around the proposed structure(s). Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 24. Reference current California Fire Code (CFC) 507.5.1. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Marshal review and approval. Mylar will be signed by the Fire Marshal after review and approval. A. Transportation hydrants shall be added to Jefferson and Avenue 50 in compliance with CFC Appendix C Table C102.1 for the frontage of the project. 88. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. 89. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 90. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. 91. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 24 of 27 installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 92. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1 93. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger will be required to install a fire sprinkler system. Ref. CFC 903.2 as amended by the City of La Quinta. 94. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 95. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1 96. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 97. Landscape clearances: A minimum 3-feet radius clear of vegetation shall be maintained around fire protection equipment, valves and services requiring access. This includes Backflow Valves, Post-Indicator Valves, Fire Department Connections, Fire Hydrants, etc. 98. Emergency Responder Radio Coverage Systems: Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Ref. CFC 510.1 and Riverside County Office of the Fire Marshal Technical Policy #TP19-002 CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 25 of 27 BUILDING DIVISION 99. Building Plans prepared for permitting shall meet applicable California Building Codes effective at the time of submittal. 100. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. Plans shall fully detail how the proposed facility complies with the California Accessibility Standards defined in Title 24 Chapter 11B and Federal ADA Regulations. MISCELLANEOUS 101. 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. 102. 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 disposition of the remains. 103. No signage is permitted with this approval. A separate permit from the Design and Development Department is required for any temporary or permanent signs. 104. The applicant shall submit exhibits to the Planning Manager and City Engineer that demonstrate vehicles can turn into approved drive aisles CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 26 of 27 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. 105. 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. 106. 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. 107. The size of Building 7 shall be no larger than 825 square feet and shall not include the sale of alcoholic beverages. 108. Public Art shall be dedicated on the project site or the Applicant/Developer shall pay a development fee pursuant to the requirements of Municipal Code Chapter 2.65 Art in Public Places. 109. All vacant pads shall be planted with drought tolerant landscaping and decomposed granite and shall include fencing as appropriate so long as they are vacant. The installation of all landscaping and decomposed granite, and fencing as appropriate, shall be completed prior to the issuance of Certificate of Occupancy of the Pavilions store. Any landscaping on vacant pads shall be irrigated and maintained regularly. The final landscape plan for the project shall include plans for fencing, landscaping, irrigation (as applicable), 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. 110. The applicant shall add shade features and seating to the interior corner plaza areas and shall be approved with the final landscape plans by the Planning Commission prior to construction. 111. The project sign program shall be reviewed and approved by the Planning Commission at a public hearing prior to construction. CITY COUNCIL RESOLUTION 2021-006 – “EXHIBIT C” CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0009 PAVILION PALMS SHOPPING CENTER ADOPTED: MARCH 2, 2021 Page 27 of 27 112. The height of parking lot lighting shall not exceed 20 feet and shall be approved with the final landscape plans by the Planning Commission prior to construction. 113. The applicant shall install a minimum of 12 electric vehicle charging facilities in the anchor tenant’s parking lot on an accessible route per CBC 11B-228.3. Any future electric vehicle charging facilities in addition to these 12 shall be designed on an accessible route to facilitate compliance once they are installed. 114. 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. 115. Prior to issuance of Certificate of Occupancy for the Pavilions store, applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum covenants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quinta as an express third party beneficiary; (3) be reviewed and approved by the City Attorney’s Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 116. Prior to issuance of Certificate of Occupancy for the Pavilions store, 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. If the applicant shows substantial evidence that the Renaissance and Palmilla HOA’s are not negotiating in good faith, the applicant may provide the evidence to the Design and Development Department and request removal of this condition.