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PC Resolution 2022-007 Caleo Bay Park TTM 2021-0002 & SDP 2021-0004PLANNING COMMISSION RESOLUTION 2022 - 007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2021-0002 (TTM 38062) AND SITE DEVELOPMENT PERMIT 2021-0004 FOR A NEW 8,337 SQUARE FOOT COMMERCIAL CONDOMINIUM BUILDING ON VACANT LOT IN CALEO BAY PARK COMMERCIAL CENTER ON NORTHWEST CORNER OF AVENUE 48 AND CALEO BAY DRIVE CASE NUMBERS: TENTATIVE TRACT MAP 2021-0002 (TTM 38062) SITE DEVELOPMENT PERMIT 2021-0004 APPLICANT: DR. STEVE PHAN WHEREAS, the Planning Commission of the City of La Quinta, California did, on March 8, 2022, hold a duly noticed Public Hearing to consider a request by Dr. Steven Phan for approval of a Site Development Permit and Tentative Tract Map for a new 8,377 square foot commercial condominium building and revision of existing parcels located on northwest corner of Avenue 48 and Caleo Bay Drive more particularly described as: APN 643-200-040, -041, & -042 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 25, 2022, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Tentative Tract Map 2021-0002 (TTM 38062) 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 38062 is consistent with the La Quinta General Plan. The Tentative Tract Map is consistent with the Community Commercial land use designation as set forth in the General Plan. 2.The design and improvement of Tentative Tract Map 38062 is Planning Commission Resolution 2022-007 Tentative Tract Map 2021-0002 Site Development Permit 2021-0004 Project: Caleo Bay Park Adopted: March 8, 2022 Page 2 of 5 consistent with the La Quinta General Plan with the implementation of recommended conditions of approval to ensure consistency for the suites proposed on the lots created herein. 3.The design of Tentative Tract Map 38062 is not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The La Quinta Design and Development Department has determined that this project is consistent with the Mitigated Negative Declaration (EA 2004-528) adopted by the La Quinta Planning Commission on November 23, 2004, via Resolution 2004-091. The build out of the entire center was analyzed as part of this Mitigated Negative Declaration, and this proposed project is consistent with build out analyzed. 4.The design of Tentative Tract Map 38062 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 design and improvements required for Tentative Tract Map 38062 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. Site Development Permit 2021-0004 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1.Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to the General Commercial designation encourage commercial uses in the City and the proposed use maintains those policies. The proposed project is consistent with: - Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a Planning Commission Resolution 2022-007 Tentative Tract Map 2021-0002 Site Development Permit 2021-0004 Project: Caleo Bay Park Adopted: March 8, 2022 Page 3 of 5 broad range of goods and services to its residents and the region. - Program ED-1.1.b as it considers the proposal’s compatibility with surrounding existing uses, as this is a continuation of an existing commercial center. - Goal LU-2.1 in that the project design incorporates high quality design that complements and enhances the City. The architecture and landscaping are consistent with rest of the City and rest of the commercial center itself. 2.Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code in terms of site plan and landscaping. The Site Development Permit has been conditioned to ensure compliance with the Zoning Code’s development standards, including standards for parking lot design, amount of parking required, and height standards, including City’s image corridor standards. The development meets all development standards of the underlying Community Commercial zone. 3.Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that the project is consistent with the Mitigated Negative Declaration (EA 2004-528) adopted by the La Quinta Planning Commission on November 23, 2004, via Resolution 2004-091. The build out of the entire center was analyzed as part of this Mitigated Negative Declaration, and the proposed project is consistent with build out analyzed. 4.Architectural Design The proposed project, as conditioned, is consistent in design with the Zoning Code, with development in the Community Commercial zone, and with development within the existing commercial center. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. Planning Commission Resolution 2022-007 Tentative Tract Map 2021-0002 Site Development Permit 2021-0004 Project: Caleo Bay Park Adopted: March 8, 2022 Page 4 of 5 5.Site Design The site design of the project, including architectural style, features, materials, and color palette, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Community Commercial zone and the City. 6.Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. 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; and SECTION 2. That the above project is determined to be consistent with the Mitigated Negative Declaration (EA 2004-528) adopted by the La Quinta Planning Commission on November 23, 2004, via Resolution 2004-091; and SECTION 3. That it does hereby approve Tentative Tract Map 2021-0002 (TTM 38062), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. SECTION 4. That it does hereby approve Site Development Permit 2021-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]; and PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on March 8, 2022, by the following vote: PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 1 OF 11 EXHIBIT A 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.laquintaca.gov. 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 improvement plans, the applicant shall furnish proof PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 2 OF 11 of such approvals when submitting those improvements plans for City approval. 4. This Tentative Tract Map shall expire 36 months after approval, March 8, 2025, unless an extension is granted per La Quinta Municipal Code Section 13.12.160. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. The applicant 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. B. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed. 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 PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 3 OF 11 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. 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 38062 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 Avenue 48 and Caleo Bay 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. PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 4 OF 11 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. IMPROVEMENT PLANS 14. As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 15. 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). 16. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Final WQMP (Plan submitted in Report Form) B. On-Site Commercial Precise Grading 1" = 20' Horizontal NOTE: A through B to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial Precise Grading” plans shall normally include all on- site surface improvements including but not necessarily limited to finish PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 5 OF 11 grades for curbs & gutters, building floor elevations, parking lot improvements and accessibility requirements. 17. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works Development “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 19. 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. GRADING 20. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 21. 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. A. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 6 OF 11 B. A grading plan prepared by a civil engineer registered in the State of California, C. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, D. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and E. A WQMP prepared by an authorized professional registered in the State of California, and All grading shall conform with the recommendations contained in the 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. 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. 22. 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. 23. Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with the pad elevation shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pad elevation will need to be shown on final precise grading plan. 24. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 25. 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 PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 7 OF 11 qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. DRAINAGE 26. Stormwater handling shall conform with the approved hydrology and drainage report for Caleo Bay Park, or as approved by the City Engineer. 27. 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). 28. 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 PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 8 OF 11 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 all post-construction stormwater BMPs. UTILITIES 29. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 30. 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. 31. 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 32. The City will conduct final inspections of habitable building only when the buildings have parking lot improvements and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. FINAL MAPS 33. 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. PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 9 OF 11 LANDSCAPE AND IRRIGATION 34. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 35. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead or dying plant material immediately replaced with healthy plant material of equivalent size. 36. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 37. 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). 38. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 39. 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. 40. 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. 41. 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. Final PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 10 OF 11 Landscape Plans shall be consistent with the Preliminary landscaping plans shown in Site Development Permit 2021-0004, including tree container size being a minimum 24” box size. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 42. 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. MAINTENANCE 43. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 44. 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. FEES AND DEPOSITS 45. 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. 46. 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). FIRE 47. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE TRACT MAP 2021-0002 (TTM 38062) PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 PAGE 11 OF 11 48. 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 49. 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. 50. 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. 51. 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. 52. 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) PLANNING COMMISSION RESOLUTION 2022-007 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 1 of 12 EXHIBIT B 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. 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 2021-0004 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Tentative Tract Map 2021-0002 (TTM 38062) Environmental Assessment 2004-528 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. 3. This Site Development Permit shall expire on March 8, 2024, and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta 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) PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 2 of 12 • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. 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. The applicant 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. B. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed. 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. PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 3 of 12 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. 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 lot that access public streets and open space/drainage facilities of the master development. 10. 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, or other encroachments will occur. IMPROVEMENT PLANS 11. As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 12. 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). 13. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 4 of 12 required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Final WQMP (Plan submitted in Report Form) B. On-Site Commercial Precise Grading 1" = 20' Horizontal NOTE: A through B to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial Precise Grading” plans shall normally include all on- site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and accessibility requirements. 14. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 15. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works Development “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 16. 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, PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 5 of 12 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. GRADING 17. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 18. 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. A. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: B. A grading plan prepared by a civil engineer registered in the State of California, C. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, D. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and E. A WQMP prepared by an authorized professional registered in the State of California, and All grading shall conform with the recommendations contained in the 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. 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. 19. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 6 of 12 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. 20. Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with the pad elevation shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pad elevation will need to be shown on final precise grading plan. 21. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 22. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. DRAINAGE 23. Stormwater handling shall conform with the approved hydrology and drainage report for Caleo Bay Park, or as approved by the City Engineer. 24. 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). 25. 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; PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 7 of 12 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 all post-construction stormwater BMPs. UTILITIES 26. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 27. 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. 28. 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. PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 8 of 12 CONSTRUCTION 29. The City will conduct final inspections of habitable building only when the buildings have parking lot improvements 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 30. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 31. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead or dying plant material immediately replaced with healthy plant material of equivalent size. 32. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 33. 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). 34. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 35. 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. PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 9 of 12 36. 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. 37. 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. Final Landscape Plans shall be consistent with the Preliminary landscaping plans shown in Site Development Permit 2021-0004, including tree container size being a minimum 24” box size. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 38. 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. MAINTENANCE 39. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 40. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 41. 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. PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 10 of 12 42. 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). RIVERSIDE COUNTY FIRE MARSHAL 43. Fire Hydrants and Fire Flow: Provide water system plans to show there exists or proposed improvements of fire hydrant(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1 and Table B105.2 as amended by LQMC, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 24. Reference 2019 California Fire Code (CFC) 507.5.1. A. 3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 44. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. 45. 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 46. 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. 47. 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. A. Private Fire Mains: The provided site plan shows 2 separate FDC/PIV underground sprinkler supply lines serving the B/C building arrangement. Likely, the project building could utilize just 1 of these supplies for the whole building. If this single use option is PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 11 of 12 considered, the unused FDC/PIV assembly and all underground piping shall be removed. B. Riser Room: If a system riser is to be concealed by means of a wall, soffit, column, or other building construction, it shall be provided with 18-inches of clearance to each side and to the front of the system riser. Access shall be provided by means of a door with the minimum dimensions of 2-feet, 6-inches in width and 6-feet, 8-inches in height. This door shall be located on the exterior of the building and provide direct access to the fire riser room or area. 48. 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 49. Knox Box 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. Ref. CFC 506.1 50. 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 CONSTRUCTION 51. Plans shall be prepared to the applicable code at the time of submittal for building permit. Structure is not exempt from permitting, plans with engineering shall be provided. As of January 1, 2019, Commercial Projects are required to be prepared by a Licensed Architect or Engineer. On each sheet of submitted Plans, provide the preparer’s name and telephone number and wet-signature and his/her stamp as prescribed by California Business and Professions Code '5536. 52. 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. PLANNING COMMISSION RESOLUTION 2022- 007 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0004 PROJECT: CALEO BAY PARK ADOPTED: MARCH 8, 2022 Page 12 of 12 A. Parallel Type Curb Ramp to the Accessible Parking Does Not Comply in the Location Currently Proposed, the Changes in Level Caused by the Curb Cut Create Additional Hazards. B. Ramp Along the Accessible Route to the Public Right of Way Does Not Comply with Top and Bottom Landing Requirements. 53. The provisions of California Green Building Standards Code outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties, please provide compliance information on plans as applicable. Include planning and design requirements of division 5.1, and the applicable water efficiency and conservations and the material conservation and resource efficiency for exterior items of division 5.3, and 5.4 respectfully. 54. Building Division has reviewed this Preliminary Review Application to help expedite the review and approval of your project during the permitting stage. Additional comments may be required based on further information being provided for review. 55. The City will conduct final inspections of habitable building only when the buildings have parking lot improvements and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs.