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PC Resolution 2021-010 TTM 38165 Dune Palms Condo MapPLANNING COMMISSION RESOLUTION 2021 - 010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 38165 (TTM 2021-0003) FOR CONDOMINIUM PURPOSES FOR AN EXISTING BUILDING CASE NUMBERS: TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS WHEREAS, the Planning Commission of the City of La Quinta, California did, on September 14, 2021, hold a duly noticed Public Hearing to consider a request by JAJ Desert Partners for approval of a Tentative Tract Map for condominium purposes for an existing 23,537 square foot commercial building on a 1.88 acre parcel, more particularly described as: APN 600-020-010 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 3, 2021 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Tract Map 38165 is consistent with the La Quinta General Plan. The Tentative Tract Map is consistent with the Regional Commercial land use designation as set forth in the General Plan and is consistent with the Dune Palms Plaza Specific Plan. 2. The design and improvement of Tentative Tract Map 38165 is consistent with the La Quinta General Plan and Dune Palms Plaza Specific Plan with the implementation of recommended conditions of approval to ensure consistency for the suites proposed on the lots created herein. Planning Commission Resolution 2021-010 TENTATIVE TRACT MAP 2021-0003 (TTM 38165) Dune Palms Condominium Map Adopted: September 14, 2021 Page 2 of 3 3. The design of Tentative Tract Map 38165 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 determined that the proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities. The project proposes condominium map for an existing building with no physical changes proposed to the building or project site. 4. The design of Tentative Tract Map 38165 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. No physical changes are proposed to the building as part of this proposal. 5. The design and improvements required for Tentative Tract Map 38165 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be exempt from California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities. SECTION 3. That it does hereby approve Tentative Tract Map 2021-0003 (TTM 38165), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval (Exhibit A). PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on September 14, 2021, by the following vote: PLANNING COMMISSION RESOLUTION 2021-010 EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS ADOPTED: SEPTEMBER 14, 2021 PAGE 1 OF 4 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 Tract 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 Tract 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”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • 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 PLANNING COMMISSION RESOLUTION 2021-010 EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS ADOPTED: SEPTEMBER 14, 2021 PAGE 2 OF 4 improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. This Tentative Tract Map shall expire 36 months after approval, September 14, 2024, unless an extension is granted per La Quinta Municipal Code Section 13.12.160. 5. 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). 6. 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. 7. 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 8. 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 right of way documents for the development or other agreements as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2021-010 EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS ADOPTED: SEPTEMBER 14, 2021 PAGE 3 OF 4 9. 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 parking, access aisles that access public streets and open space/drainage facilities of the development. Said rights shall also include reciprocal access and reciprocal parking rights within Tentative Tract Map 38165 and easements for utility lines to the satisfaction of the City Engineer. 10. Where public facilities are placed on privately-owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 11. 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. 12. Direct vehicular access to Dune Palms Road is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 13. 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 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 14. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City’s map checker on a storage media acceptable to the City Engineer. MAINTENANCE 15. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 16. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. PLANNING COMMISSION RESOLUTION 2021-010 EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS ADOPTED: SEPTEMBER 14, 2021 PAGE 4 OF 4 FEES AND DEPOSITS 17. 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 18. Fire Lane marking: Identification and marking of fire lanes, including c urb details and signage shall be in compliance with Riverside County Fire Department Standards. 19. 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 20. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, 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. 21. Fire Sprinkler System: Existing fire sprinkler system shall be maintained and tested in compliance with NFPA 25 requirements. Modifications to the fire sprinkler system will require separate deferred submittal to the Office of the Fire Marshal. 22. Fire Alarm and Detection System: Existing water flow monitoring alarm system shall be maintained and tested in compliance with NFPA 72. Modification to the fire alarm system will require separate deferred submittal to the Office of the Fire Marshal. 23. Addressing: It is suggested to update the unit addressing to be in compliance with USPS and Riverside County Fire Department standards. Alpha-numerics are no longer supported. (Suggested 101, 102, 103, 104, 105, 106 and 107)