Loading...
PC Resolution 2023-015 Dune Palms Mixed-Use Project; TPM 38668 (2023-0001); MUP 2023-0001; SDP 2023-0003; MA 2023-0001PLANNING COMMISSION RESOLUTION 2023 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, TO APPROVE A TENTATIVE PARCEL MAP, MINOR USE PERMIT, SITE DEVELOPMENT PERMIT, AND MINOR ADJUSTMENT FOR A MIXED USE PROJECT INCLUDING A 4,778 SF CHICK-FIL-A, 3,596 SF QUICK QUACK CAR WASH AND UP TO 180 RESIDENTIAL UNITS LOCATED AT NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD CASE NUMBERS: TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) MINOR USE PERMIT 2023-0001 SITE DEVELOPMENT PERMIT 2023-0003 MINOR ADJUSTMENT 2023-0001 APPLICANT: BLACKPOINT PROPERTIES WHEREAS, the Planning Commission of the City of La Quinta, California did, on August 22, 2023, hold a duly noticed Public Hearing to consider a request by Blackpoint Properties, to subdivide a 9.4 acre vacant lot to facilitate development of a mixed use project consisting of 4,778 sf Chick-Fil-A restaurant and a 3,596 sf Quick Quack car wash and up to 180 multifamily residential units located at the northeast corner of Highway 111 and Dune Palms Road, more commonly described as: APN 600-030-018 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on August 11, 2023 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) 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 to justify approval of said Tentative Parcel Map, as conditioned [Exhibit A]: 1. Tentative Parcel Map 2023-0001 is consistent with the land use, policies, and programs of the General Plan, including the General Commercial designation, which allows for mixed use projects. 2. The design and improvement of Tentative Parcel Map 2023-0001 is consistent with the La Quinta General Plan and implementation of recommended conditions of approval. PLANNING COMMISSION RESOLUTION 2023-015 TENTATIVE TRACT MAP 2023-0001; MINOR USE PERMIT 2023-0001; SITE DEVELOPMENT PERMIT 2023-0003; MINOR ADJUSTMENT 2023-0001 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 Page 2 of 6 3. The design of Tentative Parcel Map 2023-0001 is not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Design and Development Department prepared Environmental Assessment (EA) 2023-0001, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. The design of Tentative Parcel Map 2023-0001 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 City's Subdivision Regulations Code and the La Quinta Zoning Ordinance, including but not limited to, minimum lot area requirements, any other applicable provisions of Title 9 of the City's Zoning 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. MINOR USE PERMIT 2023-0001 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 to justify approval of said Minor Use Permit: PLANNING COMMISSION RESOLUTION 2023-015 TENTATIVE TRACT MAP 2023-0001; MINOR USE PERMIT 2023-0001; SITE DEVELOPMENT PERMIT 2023-0003; MINOR ADJUSTMENT 2023-0001 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 Page 3 of 6 1. The proposed height adjustment is consistent with the General Plan in that the adjustment doesn't exceed the height of the underlying zone and the request follows the provisions in the zoning code. The height adjustment is proposed for a maximum of four feet above the Image Corridor height limit of 22 ft. and will not be detrimental to or conflict with the intent of the Image Corridors in the General Plan. Additionally, the proposed car wash use is consistent with the General Plan designation of General Commercial, which allows for a full range of commercial uses including auto -oriented service businesses such as car washes. 2. The proposed height adjustment is consistent with the provisions of this zoning code in that the adjustment doesn't exceed the height of the underlying zone and the request follows the provisions in the zoning code. Additionally, the proposed car wash use is consistent with the purpose and intent of the Regional Commercial zone to provide for a broad range of goods and services including automobile -oriented services such as car washes. 3. Processing and approval of the Minor Use Permit are in compliance with the requirements of the California Environmental Quality Act. The Design and Development Department prepared Environmental Assessment (EA) 2023-0001, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. Approval of the Minor Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed buildings are typical commercial buildings which are shorter or equal to the height of the surrounding commercial buildings. The proposed car wash is compatible with other commercial properties within the area. SITE DEVELOPMENT PERMIT 2023-0003 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 to justify approval of said Site Development Permit, as conditioned [Exhibit B]: PLANNING COMMISSION RESOLUTION 2023-015 TENTATIVE TRACT MAP 2023-0001; MINOR USE PERMIT 2023-0001; SITE DEVELOPMENT PERMIT 2023-0003; MINOR ADJUSTMENT 2023-0001 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 Page 4 of 6 1. The proposed development is consistent with the General Plan land use designation of General Commercial, which provides for a full range of commercial uses including car washes and restaurants. The proposed project is consistent with and would not frustrate the Goals and Policies of the General Plan as follows: a. 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. b. 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 along all frontages of the project to connect to existing and proposed developments. c. 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. The proposed development, as conditioned, is consistent with the purpose and intent of the Regional Commercial District as well as the development standards of the City's Zoning Code. The project satisfies the District's intent to provide for automobile -oriented sales and services for the regionally oriented commercial area along Highway 111. The project is consistent with the non- residential development standards. 3. The Design and Development Department prepared Environmental Assessment (EA) 2023-0001, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. 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. PLANNING COMMISSION RESOLUTION 2023-015 TENTATIVE TRACT MAP 2023-0001; MINOR USE PERMIT 2023-0001; SITE DEVELOPMENT PERMIT 2023-0003; MINOR ADJUSTMENT 2023-0001 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 Page 5 of 6 6. 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 and screen undesirable views. 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. MINOR ADJUSTMENT 2023-0001 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 to justify approval of said Minor Adjustment: 1. The proposed setback adjustment is consistent with the general plan goals and policies and land use designation. The setback adjustment is minor in nature and would not be detrimental to the goals and policies governing the area. 2. The proposed setback adjustment is consistent with the intent of the zoning code. Minor adjustments of 10% or less are allowed in the zoning code. This adjustment is for a three-foot (6%) reduction of the 50 ft. setback from the property line along Highway 111. The building placement is still 50 ft. from the roadway. 3. Processing and approval of the Minor Adjustment are in compliance with the requirements of the California Environmental Quality Act. The Design and Development Department prepared Environmental Assessment (EA) 2023- 0001, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. Approval of the Minor Use Permit will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed buildings are typical commercial buildings which are similar to other commercial buildings in the area. PLANNING COMMISSION RESOLUTION 2023 015 TENTATIVE TRACT MAP 2023 0001 MINOR USE PERMIT 2023 0001 SITE DEVELOPMENT PERMIT 2023 0003 MINOR ADJUSTMENT 2023 0001 PROJECT DUNE PALMS MIXED USE PROJECT ADOPTED AUGUST 22 2023 Page 6 of 6 NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of La Quinta Calrfbmia 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 is determined to be consistent with the Mitigated Negative Declaration prepared for the project (EA 2023 0001) SECTION 3 That It does hereby recommend that the City Council approve Tentative Tract Map 2023 0001 Minor Use Permit 2023 0001 Site Development Permit 2023 0003 and Minor Adjustment 2023 0001 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibits A and B] PASSED APPROVED and ADOPTED at a regular meeting of the City of La Quinta Planning Commission held on August 22 2023 by the following vote AYES Commissioners Guerrero, Hassett Hernandez, McCune Tyerman and Chairperson Nieto NOES None ABSENT Commissioner Caldwell ABSTAIN None <41...,T (.--- - STEPHEN T NIETO Chairperson City of La Quinta California ATTEST DANNY CASTRd Design and Development Director City of La Quinta California PLANNING COMMISSION RESOLUTION 2023-015 EXHIBIT A CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 1 OF 19 GENERAL 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. Tentative Parcel Map 2023-0001 (Tentative Parcel Map 38668) shall comply with all applicable terms, conditions, and mitigation measures for the following related approval(s): Environmental Assessment 2023-0001 Site Development Permit 2023-0003 Minor Adjustment 2023-0001 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. 4. Tentative Parcel Map 2023-0001 (TPM 38668) shall be valid for an initial three-year term, expiring on August 22, 2026, per LQMC Section 13.12.150 and shall become null and void, unless the Final Parcel Map is approved. Time extensions may be requested per LQMC Section 13.12.160. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Development 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 Design and Development Department — Planning and Building Divisions • Riverside Co. Environmental Health Department • Desert Sands Unified School District • 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) PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 2OF19 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. Coverage under the State of California 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. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee 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.cabm1)handbooks.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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 3 OF 19 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 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 parking lots 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) Highway 111 — 73 feet from the centerline of Highway 111 for a total 146 feet ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 4 OF 19 2) Dune Palms Road (Secondary Arterial) Dune Palms Road for a total 102 feet except additional variable right of w improvements conditioned under IMPROVEMENTS. — 51 feet from the centerline of ultimate developed right of way iy dedication to accommodate STREET AND TRAFFIC 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 perimeter landscaping setbacks along all public rights-of-way as follows: A. Highway 111 - 50 -foot from the R/W-P/L. B. Dune Palms Road - 10 -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. 18. Direct vehicular access to Highway 111 and Dune Palms Road 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 5 OF 19 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; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 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) Highway 111 a. 10 -foot wide straight sidewalk 2) Dune Palms Road (Secondary Arterial) a. Widen the east side of the street along all frontage to the project boundary to its ultimate width on the east 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. At the southernly project entry, construct the east leg of the intersection and provide a westbound shared left-turn/through/right-turn lane. Widen and/or restripe the northbound and southbound approaches to provide a 60 -foot northbound left -turn lane per Traffic Impact Analysis Report. c. At the northernly project entry at Corporate Centre Drive, construct the east leg of the intersection and provide a westbound shared through/right-turn lane or as approved by the City Engineer. Restripe the northern approach to reduce the storage for the northbound left- PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 6OF19 turn lane to 70 feet to accommodate the proposed southbound left -turn lane at the southernly project entry. Widen and/or restripe the southbound approach to provide a 60 -foot southbound left -turn lane and restripe the eastbound right -turn lane to an eastbound shared through/ right -turn lane per Traffic Impact Analysis Report. d. 6 -foot wide straight sidewalk e. Class III bike lane as approved by the City Engineer 3) 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, signs, and devices. 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: Highway 111: Right -turn in and right -turn out movements are permitted. Left turn in and left turn out movements are prohibited. Dune Palms Rd (southernly): Full turn movements in and out are allowed with stop - controlled driveways. Dune Palms Rd (northernly): Right -turn in, right -turn out, left turn in movements are permitted. Left turn out movements are prohibited or as approved by the City Engineer. 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. FINAL MAPS 26. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. PARKING LOTS and ACCESS POINTS 27. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking space and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 7OF19 B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space 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 spaces and 18 feet with a 2 -foot overhang for accessible parking space or as approved by the City Engineer. One van accessible parking space is required per 8 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisle to public streets a minimum of 26 feet as shown on the preliminary precise grading plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20 -year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. Improvements shall include appurtenances such as traffic control signs, markings, and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 8OF19 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings, and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers in registered California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1" = 40' Horizontal B. PM 10 Plan 1" = 40' Horizontal C. Erosion Control Plan 1" = 40' Horizontal D. Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement 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 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 Precise Grading Plan 1" = 30' Horizontal On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1 "= 4' Vertical (Separate Storm Drain Plans if applicable) PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 9OF19 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. "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 accessibility requirements. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 35. 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 36. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 10 OF 19 37. 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). 38. 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. 39. 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. 40. 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. 41. Depending on the timing of the development of this Tentative Tract 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 Tract Map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 11 OF 19 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. 42. 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. 43. 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 44. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 45. 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. 46. 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. An Erosion Control Plan with Best Management Practices prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. Final WQMP prepared by an appropriate professional registered in the State of California. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 12 OF 19 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. 47. 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. 48. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 49. Building pad elevations on the rough and precise 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. 50. The applicant shall minimize the differences in elevation between the adjoining properties and the parcels within this development. 51. 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. 52. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 13 OF 19 DRAINAGE 53. Stormwater handling shall conform with the approved hydrology and drainage reports for the TPM 38668, 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. 54. 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. 55. 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. 56. 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. 57. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 58. 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. 59. Stormwater may be retained in landscaped setback areas along Highway 111 only. Retention areas shall be designed pursuant to LQMC Section 9.100.040 or as approved by Planning Commission. A 6 -inch curb shall be constructed at the edge of the sidewalk adjacent to the retention basins along the Highway 111 frontage. 60. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 61. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 14 OF 19 62. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 63. The applicant is hereby notified that future site modifications may be necessary including, but not limited to parking lot and street reconfiguration. Verification of the proposed storm water facilities including retention system is subject to review and approval by the Coachella Valley Water District (CVWD). If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. 64. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel. 65. 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 PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 15 OF 19 the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 67. 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. 68. 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. 69. 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 70. The City will conduct final inspections of habitable buildings only when the buildings have improved parking lots 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 71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 16 OF 19 72. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 73. 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). 74. 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. 75. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Community Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 76. 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. 77. The applicant shall submit the final landscape plans for review, processing, and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. 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. 78. 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. 79. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 80. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 81. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 17 OF 19 82. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 83. 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. 84. 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). BUILDING DIVISION 85. Building plans shall be prepared to the applicable code at the time of submittal for the building permit. As of January 1, 2023, the 2022 California Building Codes are in effect. 86. The applicant shall provide Fire -Resistance Rating for Building Elements Table with building plans showing how the proposed construction will comply with Sections 601 and 705 for building elements and exterior wall ratings, specifically at drive through canopies. 87. Photovoltaic and Energy Storage System Requirements. Non-residential PV and ESS are required based on Solar Access Roof Areas (SARA) @ 14 Watts or CFA x A / 1000 of Table 140.10-A (applies to Grocery, Office, Unleased Tenant Space, Retail, Warehouse, Auditorium, Convention Center, Hotel/Motel, Library, Medical, Restaurant, Theater). 88. Accessible routes to the public way shall be required, from each individual site. At least one accessible route shall be provided within each site from accessible parking spaces and accessible passenger drop-off and loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. 89. The applicant shall show on building plans requirements for both EV capable spaces and spaces equipped with EV Supply Equipment (EVSE) that create EV Charging Spaces (EVCS) in the number indicated in Table 5.106.5.3.1, including those required to be accessible per CBC 11 B-228.3. 90. Separate permitting is required for trash enclosures, flagpoles, site lighting, menu boards, building signage and shade structures. FIRE DEPARTMENT 91. Fire Hydrants and Fire Flow: Provide water system plans to show there exists or includes 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 PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 18 OF 19 shall comply with the CFC and NFPA 24. Reference 2019 California Fire Code (CFC) 507.5.1. 92. Offsite/Onsite Water Supply Plans: Applicant/developer shall provide plans of the Public Water System supplying on-site fire hydrants to the Office of the Fire Marshal for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow by detail of hydraulic calculations to the most remote/demanding service. Once previously approved plans are signed and approved by the local water authority, A copy of the plans shall be provided to the Office of the Fire Marshal for department record filing. Ref. CFC 105.4.1. 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). 93. 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 2 4 -feet exclusive of curb -side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 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. A. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. Submit a "Striping/Signage" plan for review, approval, and inspection thereof. 94. 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. 95. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. 96. 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. 97. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1. 98. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL- ADOPTED TENTATIVE PARCEL MAP 2023-0001 (TPM 38668) PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 19 OF 19 99. 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. 100. 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. 101. 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. 102. Conditions Timeframe: Conditions of approval are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Additional requirements may be required based upon the adopted codes at the time of construction plan submittal. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 1 OF 19 GENERAL EXHIBIT B 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 2023-0003 shall comply with all applicable terms, conditions, and mitigation measures for the following related approval(s): Environmental Assessment 2023-0001 Tentative Parcel Map 2023-0001 (Tentative Parcel Map 38668) Minor Adjustment 2023-0001 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. Site Development Permit 2023-0003 shall expire on August 22, 2025, and shall become null and void in accordance with LQMC 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 Development 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 Design and Development Department— Planning and Building Divisions • Riverside Co. Environmental Health Department • Desert Sands Unified School District • 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, PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 2OF19 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 Permittee 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 3 OF 19 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing parking lots that access public streets and open space/drainage facilities of the master development. 11. The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 — 73 feet from the centerline of Highway 111 for a total 146 feet ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 4 OF 19 2) Dune Palms Road (Secondary Arterial) — 51 feet from the centerline of Dune Palms Road for a total 102 feet ultimate developed right of way except additional variable right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the preliminary grading plan 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. 14. 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 improvement plans, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 15. The applicant shall create perimeter landscaping setbacks along all public rights-of-way as follows: A. Highway 111 - 50 -foot from the R/W-P/L. B. Dune Palms Road - 10 -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. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 17. Direct vehicular access to Highway 111 and Dune Palms Road 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 5 OF 19 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 21. 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. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1) Highway 111 a. 10 -foot wide straight sidewalk 2) Dune Palms Road (Secondary Arterial) a. Widen the east side of the street along all frontage to the project boundary to its ultimate width on the east 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. At the southernly project entry, construct the east leg of the intersection and provide a westbound shared left-turn/through/right-turn lane. Widen and/or restripe the northbound and southbound approaches to provide a 60 -foot northbound left -turn lane per Traffic Impact Analysis Report. c. At the northernly project entry at Corporate Centre Drive, construct the east leg of the intersection and provide a westbound shared through/right-turn lane or as approved by the City Engineer. Restripe the northern approach to reduce the storage for the northbound left - turn lane to 70 feet to accommodate the proposed southbound left -turn PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 6OF19 lane at the southernly project entry. Widen and/or restripe the southbound approach to provide a 60 -foot southbound left -turn lane and restripe the eastbound right -turn lane to an eastbound shared through/ right -turn lane per Traffic Impact Analysis Report. d. 6 -foot wide straight sidewalk e. Class III bike lane as approved by the City Engineer 3) 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, signs, and devices. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 23. General access points and turning movements of traffic are limited to the following: Highway 111: Right -turn in and right -turn out movements are permitted. Left turn in and left turn out movements are prohibited. Dune Palms Rd (southernly): Full turn movements in and out are allowed with stop - controlled driveways. Dune Palms Rd (northernly): Right -turn in, right -turn out, left turn in movements are permitted. Left turn out movements are prohibited or as approved by the City Engineer. 24. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking space and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate accessibility issues. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 7OF19 D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space 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 spaces and 18 feet with a 2 -foot overhang for accessible parking space or as approved by the City Engineer. One van accessible parking space is required per 8 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisle to public streets a minimum of 26 feet as shown on the preliminary precise grading plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, 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. 26. 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. Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 27. 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. 28. 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. 29. 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 in registered California. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 8OF19 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. 30. 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). 31. 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. PM 10 Plan 1" = 40' Horizontal C. Erosion Control Plan 1" = 40' Horizontal D. Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement 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 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 Precise Grading Plan 1" = 30' Horizontal On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1 "= 4' Vertical (Separate Storm Drain Plans if applicable) PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 9OF19 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. "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 accessibility requirements. 32. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (laquintaca.gov). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 33. 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 34. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 10 OF 19 35. 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). 36. 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. 37. 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. 38. 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. 39. Depending on the timing of the development of this Site Development Permit, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 11 OF 19 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. 40. 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. 41. 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. GRAnING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. 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. 44. 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. An Erosion Control Plan with Best Management Practices prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. Final WQMP prepared by an appropriate professional registered in the State of California. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 12 OF 19 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. 45. 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. 46. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. Building pad elevations on the rough and precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan(s), unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 48. The applicant shall minimize the differences in elevation between the adjoining properties and the parcels within this development. 49. 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 preliminary grading plans, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 50. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 13 OF 19 a7:7_\I0IAeL 51. Stormwater handling shall conform with the approved hydrology and drainage reports for the TPM 38668, 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. 52. 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. 53. 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. 54. 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. 55. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 56. 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. 57. Stormwater may be retained in landscaped setback areas along Highway 111 only. Retention areas shall be designed pursuant to LQMC Section 9.100.040 or as approved by Planning Commission. A 6 inch curb shall be constructed at the edge of the sidewalk adjacent to the retention basins along the Highway 111 frontage. 58. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 59. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 14 OF 19 60. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 61. The applicant is hereby notified that future site modifications may be necessary including, but not limited to parking lot and street reconfiguration. Verification of the proposed storm water facilities including retention system is subject to review and approval by the Coachella Valley Water District (CVWD). If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. 62. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel. 63. 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 PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 15 OF 19 the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. 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. 66. 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. 67. 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 68. The City will conduct final inspections of habitable buildings only when the buildings have improved parking lots 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 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 16 OF 19 70. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 71. 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). 72. 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. 73. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Community Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 74. 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. 75. The applicant shall submit the final landscape plans for review, processing, and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. 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. 76. 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. 77. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 78. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 17 OF 19 80. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 81. 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. 82. 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). BUILDING DIVISION 83. Building plans shall be prepared to the applicable code at the time of submittal for the building permit. As of January 1, 2023, the 2022 California Building Codes are in effect. 84. The applicant shall provide Fire -Resistance Rating for Building Elements Table with building plans showing how the proposed construction will comply with Sections 601 and 705 for building elements and exterior wall ratings, specifically at drive through canopies. 85. Photovoltaic and Energy Storage System Requirements. Non-residential PV and ESS are required based on Solar Access Roof Areas (SARA) @ 14 Watts or CFA x A / 1000 of Table 140.10-A (applies to Grocery, Office, Unleased Tenant Space, Retail, Warehouse, Auditorium, Convention Center, Hotel/Motel, Library, Medical, Restaurant, Theater). 86. Accessible routes to the public way shall be required, from each individual site. At least one accessible route shall be provided within each site from accessible parking spaces and accessible passenger drop-off and loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. 87. The applicant shall show on building plans requirements for both EV capable spaces and spaces equipped with EV Supply Equipment (EVSE) that create EV Charging Spaces (EVCS) in the number indicated in Table 5.106.5.3.1, including those required to be accessible per CBC 11 B-228.3. 88. Separate permitting is required for trash enclosures, flagpoles, site lighting, menu boards, building signage and shade structures. FIRE DEPARTMENT 89. Fire Hydrants and Fire Flow: Provide water system plans to show there exists or includes 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 PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 18 OF 19 shall comply with the CFC and NFPA 24. Reference 2019 California Fire Code (CFC) 507.5.1. 90. Offsite/Onsite Water Supply Plans: Applicant/developer shall provide plans of the Public Water System supplying on-site fire hydrants to the Office of the Fire Marshal for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow by detail of hydraulic calculations to the most remote/demanding service. Once previously approved plans are signed and approved by the local water authority, A copy of the plans shall be provided to the Office of the Fire Marshal for department record filing. Ref. CFC 105.4.1. 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). 91. 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 2 4 -feet exclusive of curb -side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 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. A. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. Submit a "Striping/Signage" plan for review, approval and inspection thereof. 92. 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. 93. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. 94. 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. 95. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1. 96. 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. PLANNING COMMISSION RESOLUTION 2023-015 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2023-0003 PROJECT: DUNE PALMS MIXED USE PROJECT ADOPTED: AUGUST 22, 2023 PAGE 19 OF 19 97. 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. 98. 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. 99. 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. 100. Conditions Timeframe: Conditions of approval are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Additional requirements may be required based upon the adopted codes at the time of construction plan submittal. CONDITIONS ADDED BY PLANNING COMMISSION 101. Applicant shall revise architectural, engineering and landscape plans as described below: A. Enhance the south elevation of the Chick-Fil-A building with architectural projections and treatments, including but not limited to shed roofs over tile accent areas and trellis areas, to the satisfaction of the Planning Manager. Revised plans shall be submitted at the time of building permit application. If plans do not comply, the Planning Manager has the discretion to forward them to the Planning Commission for further review. B. Add berming along the full Highway 111 Frontage, as feasible, to the satisfaction of the Planning Manager in consultation with the City Engineer. Revised plans shall be submitted at the time of grading permit application. Berming shall be shown on the Final Landscape Plans. C. Increase the height of the wall along the full Highway 111 Frontage to 5 feet, to the satisfaction of the Planning Manager. Revised plans shall be submitted at the time of grading permit application. Walls shall be shown on the Final Landscape Plans. D. Include shade trees on staggered on both sides of the sidewalk between Parcels 2 and 3, to provide shade for pedestrians, to the satisfaction of the Planning Manager. Revised plans shall be submitted at the time of grading permit application. Sidewalk shade trees shall be shown on the Final Landscape Plans. E. Widen ends of parking rows to enhance landscaping and reduce asphalt in the Chick-Fil-A parking lot to provide more shade and lessen heat island effect. Landscape plans shall include an alternative tree type to the Fruitless Olive in the parking lot to provide shading. Revised landscape plans shall be submitted at the time of Final Landscape Plan application.