PC Resolution 2025-001 Tower Market Expansion CUP 2024-0003 & SDP 2024-0004PLANNING COMMISSION RESOLUTION 2025 - 001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AND SITE DEVELOPMENT PERMIT FOR THE EXPANSION
OF AN EXISTING MARKET AND EXISTING FUEL STATION
LOCATED ON THE SOUTHWEST CORNER OF AVENIDA
MONTEZUMA AND AVENIDA BERMUDAS AND FIND THAT THE
PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15301 EXISTING FACILITIES AND
SECTION 15332 IN -FILL DEVELOPMENT PROJECT
CASE NUMBERS:
CONDITIONAL USE PERMIT 2024-0003
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
APPLICANT: JOHN MCFARLAND; RTM ENGINEERING
WHEREAS, the Planning Commission of the City of La Quinta, California, did, on
February 25, 2025, hold a duly noticed Public Hearing to consider a request by RTM
Engineering for approval of a Conditional Use Permit and a Site Development Permit for
the expansion of an existing market and existing fuel station on approximately 0.9 acres
located on the southwest corner of Avenida Montezuma and Avenida Bermudas, more
particularly described as:
APNs: 773-104-037 AND 773-104-039
WHEREAS, the Design and Development Department published a public hearing
notice in The Desert Sun newspaper on February 14, 2025, as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners within 500
feet of the site and emailed or mailed to all interested parties who have requested
notification relating to the project; and
Conditional Use Permit 2024-0003
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 pursuant to Section 9.210.020 of
the Municipal Code to justify approval of said Conditional Use Permit-
1. The proposed development is consistent with the General Plan land use
designation of Village Commercial. The City's General Plan policies relating to
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONAL USE PERMIT 2024-0003
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
LOCATION: SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS
ADOPTED: FEBRUARY 25, 2025
PAGE 20F5
the Village encourage the development of a mix of uses to create an integrated,
walkable community that blends residential and commercial development. This
project meets the following Goals, Policies, and Programs:
Goal LU-2 High quality design that complements and enhances the City.
The project provides a high quality architectural, site, and landscape design
that enhances the Village and City.
Goal ED-1 A balanced and varied economic base serving both the City's
residents and the region. Tower Market is the only fuel station in the
immediate area and also provides various types of retail and food services
to residents of Cove and nearby communities.
2. The proposed development, as conditioned, is consistent with the development
standards of the City's Zoning Code in terms of site plan and landscaping. The
Conditional Use Permit is compliant with the Zoning Code's development
standards, including standards for setbacks, heights, and parking.
3. The La Quinta Design and Development Department has determined that this
project is exempt from environmental review pursuant to Section 15301 (Class
1) and Section 15332 (Class 32) of the California Environmental Quality Act for
Existing Facilities and In -Fill Development since the project consists of a minor
addition of 2,379 square foot addition to an existing facility and meets the
criteria for infill development since it is in an urbanized and built -out area. The
project site has no value as habitat for endangered, rare, or threatened species.
Approval of the project will not result in any significant effects relating to traffic,
noise, air quality, or water quality since the traffic volumes are not expected to
change. The site can be adequately served by all required utilities and public
services, and the project is less than a 5 acre site.
4. Approval of the application 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 project is a minor
expansion of the existing use.
Site Development Permit 2024-0004
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did make the following mandatory findings pursuant to Section 9.210.010 of
the Municipal Code to justify approval of said Site Development Permit:
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONAL USE PERMIT 2024-0003
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
LOCATION: SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS
ADOPTED: FEBRUARY 25, 2025
PAGE 3OF5
1. The proposed development is consistent with the General Plan land use
designation of Village Commercial. The City's General Plan policies relating to
the Village encourage the development of a mix of uses to create an integrated,
walkable community that blends residential and commercial development. This
project meets the following Goals, Policies, and Programs:
- Goal LU-2 High quality design that complements and enhances the City.
The project provides a high quality architectural, site, and landscape design
that enhances the Village and City.
- Policy LU-6.2 The project maintains the commercial development standard
in the Zoning Ordinance, including set backs, height, pad elevation and
other design and performance standards that assure a high quality design.
- Program LU-6.1 b The project provides a local serving convenience retail
shop. The additional retail space will provide the community with access to
a variety of goods.
2. The proposed development, as conditioned, is consistent with the development
standards of the City's Zoning Code in terms of site plan and landscaping. The
Site Development Permit is compliant with the Zoning Code's development
standards, including standards for setbacks, heights, and parking.
3. The La Quinta Design and Development Department has determined that this
project is exempt from environmental review pursuant to Section 15301 (Class
1) and Section 15332 (Class 32) of the California Environmental Quality Act for
Existing Facilities and In -Fill Development Project since the project consists of
a minor addition of 2,379 square foot addition to an existing facility and meets
the criteria for infill development since it is in an urbanized and built -out area.
The project site has no value as habitat for endangered, rare, or threatened
species. Approval of the project will not result in any significant effects relating
to traffic, noise, air quality, or water quality since the traffic volumes are not
expected to change. The site can be adequately served by all required utilities
and public services, and the project is less than a 5 acre site.
4. The architecture and layout of the project are compatible with, and not
detrimental to, the existing surrounding commercial land uses and are
consistent with the development standards in the Municipal Code.
5. The site design of the project is compatible with surrounding development and
with the quality of design prevalent in the city. The expansion continues the
current design of the building.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONAL USE PERMIT 2024-0003
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
LOCATION: SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS
ADOPTED: FEBRUARY 25, 2025
PAGE 4 OF 5
6. The proposed project is consistent with the landscaping standards and plant
palette and implements the standards for landscaping and aesthetics
established in the General Plan and Zoning Code. The landscape palette is
consistent with the City's drought -tolerant landscaping requirements and
continues the current landscape design.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the
Planning Commission in this case.
SECTION 2. That the above project exempt from environmental review pursuant to
Section 15301 (Class 1) existing facilities and Section 15332 (Class 32) in -fill
development project for compliance with the requirements of the California Environmental
Quality Act (CEQA) in that the proposed project involves minor expansion to an existing
market and can be characterized as in -fill development.
SECTION 3. That it does hereby approve Conditional Use Permit 2024-0003, and Site
Development Permit 2024-0004 for the reasons set forth in this Resolution and subject to
the attached Conditions of Approval [Exhibit A & B].
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of
La Quinta Planning Commission, held on February 25, 2025, by the following vote:
AYES: Commissioners Guerrero, Hernandez, Hundt, McCune, Nieto,
Tyerman, and Chairperson Hassett
NOES: None
ABSENT: None
ABSTAIN: None
DOUG HAS TT, Chairperson
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONAL USE PERMIT 2024-0003
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
LOCATION: SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS
ADOPTED: FEBRUARY 25, 2025
PAGE 5 OF 5
ATTEST:
C� z
DANNY CASTRb, Design and Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2025-001 EXHIBIT A
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 1 OF 16
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta
("City"), its agents, officers, and employees from any claim, action, or proceeding
to attack, set aside, void, or annul the approval of this Site Development Permit.
The City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action, or proceeding and
cooperate fully in the defense.
2. Conditional Use Permit 2024-0003 shall comply with all applicable conditions
and/or mitigation measures for the following related approvals:
• SDP2024-0004
• VUP2012-045
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Planning Manager shall adjudicate the conflict by determining
the precedence.
3. The Conditional Use Permit shall expire on February 25, 2027, and shall become
null and void in accordance with La Quinta Municipal Code Section 9.200.080,
unless a building permit has been issued. A time extension may be requested per
LQMC Section 9.200.080.
4. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• La Quinta Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management Plan
(WQMP) Exemption Form — Whitewater River Region, Improvement
Permit)
• La Quinta Design and Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SunLine)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 2 OF 16
The applicant is responsible for all requirements for 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 improvement 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 part of a
more than one (1) acre of land, the
Storm Water Pollution Protection
Resources Control Board.
construction project that encompasses
Permittee shall be required to submit a
Plan ("SWPPP") to the State Water
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for
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.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 3 OF 16
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) is a
requirement for the perpetual maintenance and operation of all post -
construction BMPs as required.
7. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee programs in
effect at the time of issuance of building permit(s).
8. Approval of this Site Development Permit shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
9. Developer shall reimburse the City, within thirty (30) days of presentation 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 affect these conditions. This obligation
shall be paid at the abovementioned time without deduction or offset. Developer's
failure to make such payment shall be a material breach of the Conditions of
Approval.
10. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual consultant's fees incurred by the City for engineering
and/or surveying consultants to review and/or modify any documents or
instruments required by this project. This obligation shall be paid in the
abovementioned time without deduction or offset. Developer's failure to make such
payment shall be a material breach of the Conditions of Approval.
PROPERTY RIGHTS
11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction, and reconstruction of essential improvements.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 4 OF 16
12. Pursuant to the aforementioned condition, conferred rights shall include approvals
from the master developer over easements and other property rights necessary
for the construction and proper functioning of the proposed development, not
limited to access rights over proposed and/or existing private streets that access
public streets and open space/drainage facilities of the master development.
13. Prior to precise grading plan approval, lot line adjustment to remove the property
line through the building shall be approved and recorded.
14. The applicant shall offer for dedication all public street rights -of -way in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
15. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Avenida Montezuma — No additional right-of-way dedication is required.
2) Avenida Bermudas — No additional right-of-way dedication is required.
3) Avenida Navarro — No additional right-of-way dedication is required.
16. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
17. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Site Development Permit are necessary prior
to approval of the improvements dedicating such rights -of -way, the applicant shall
grant the necessary rights -of -way within 60 days of a written request by the City.
18. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes.
19. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas.
20. Direct vehicular access is restricted, except for those access points identified on
the Site Development Permit or as otherwise conditioned in these conditions of
approval.
21. The applicant shall furnish proof of easements or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 5 OF 16
STREET AND TRAFFIC IMPROVEMENTS
22. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development) for public streets.
23. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding and provide lateral containment of dust and residue
during street sweeping operations.
24. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Avenida Montezuma (Modified Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
2) Avenida Bermudas (Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
3) Avenida Navarro (Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
Other required improvements in the Avenida Montezuma, Avenida
Bermudas, and Avenida Navarro right-of-way and/or adjacent landscape
setback area include:
a) All appurtenant components such as, but not limited to, curb,
gutter, traffic control striping, legends, signs, sidewalk, catch
basin, driveways, and curb ramps
The applicant is responsible for the construction of all improvements mentioned
above.
The applicant shall extend improvements beyond the project boundaries to ensure
they safely integrate with existing improvements (e.g., grading, traffic control
devices, and transitions in alignment, elevation, or dimensions of streets and
sidewalks).
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 6 OF 16
PARKING LOT 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, aisle widths, and double hairpin stripe parking space
design shall conform to LQMC Chapter 9.150.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required, including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
evaluate ADA accessibility issues.
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 handicapped parking space
or as approved by the City Engineer. One van -accessible parking space is
required for every 8 accessible parking spaces.
F. Drive aisles between parking spaces shall be a minimum of 26 feet, with
access drive aisles to Public Streets a minimum of 30 feet or as approved
by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility routes 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.
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 the base, asphalt concrete, and Portland cement concrete. The
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 7 OF 16
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 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 registered in the State of 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.
29. 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).
30. 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 on a larger scale if additional detail or plan clarity is desired. Note
that the applicant may be required to prepare other improvement plans not listed
here pursuant to improvements required by other agencies and utility purveyors.
A. Precise Grading Plan
1 " = 30' Horizontal
B. PM10 Plan (if disturbed area >_ 1 acre) 1" = 40' Horizontal
C. Erosion Control Plan (if disturbed area >_ 1 acre) 1" = 40' Horizontal
D. WQMP (Plan submitted in Report Form)
NOTE: A through D are to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 8 OF 16
All Off -Site Plans, 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.
Precise Grading plans shall normally include all on -site surface improvements,
including but not limited to finish grades for curbs & gutters, building pad and floor
elevations, wall elevations, parking lot improvements, and accessibility
requirements.
31. 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
(www.lag uintaca.gov). Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
32. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer.
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 that 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 plans previously submitted to the City revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer of
Record during the construction phase of the project so that the FOR can make site
visits in support of preparing "Record Drawing". However, if subsequent approved
revisions have been approved by the City Engineer and reflect said "Record
Drawing" conditions, the Engineer Of Record may submit a letter attesting to said
fact to the City Engineer.
IMPROVEMENT SECURITY AGREEMENTS
34. Prior to constructing any offsite 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.
35. Improvements to be made or agreed to be made shall include the removal of any
existing structures or other obstructions that are not a part of the proposed
improvements and shall provide for the setting of the final survey monumentation.
36. 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:
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 9OF16
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to reimbursement of
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.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall reimburse the City for the costs of such
improvements.
37. 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 the 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.
38. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
39. 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.
40. 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
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 10 OF 16
D. An Erosion Control Plan, if applicable, showing 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. A final WQMP prepared by an appropriate professional registered in the
State of California.
F. A grading bond in a form acceptable to the City and in an amount sufficient
to guarantee compliance with the grading bond requirements.
All grading shall conform with the recommendations contained in the Preliminary
Soils Report and shall be certified as being adequate by a 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.
41. 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.
42. Grading within the perimeter setback and parkway areas shall have undulating
terrain and 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 the 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.
43. Building pad elevation on the precise grading plan submitted for the City
Engineer's approval shall conform with pad elevations shown on the preliminary
grading plan unless the pad elevations have other requirements imposed
elsewhere in these Conditions of Approval or as approved by the City Engineer.
44. 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 (05) from the elevations shown on the
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 11 OF 16
approved Site Development Permit, the applicant shall submit the proposed
grading changes to the City Engineer for a substantial conformance review.
45. 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.
46. Stormwater handling shall conform with the approved hydrology and drainage
report for the Tower Market Expansion project (SDP2024-0004), or as approved
by the City Engineer. Nuisance water shall be disposed of in an approved manner.
Nuisance water shall be retained on site and disposed of via an underground
percolation improvement approved by the City Engineer.
47. 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.
48. 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.
49. In the design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered zero unless the applicant
provides site -specific data indicating otherwise and as approved by the City
Engineer.
50. The project shall be designed to accommodate purging and blowoff water (through
underground piping and/or retention facilities) from any on -site or adjacent well
sites granted or dedicated to the local water utility authority as a requirement for
the development of this property.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 12 OF 16
51. Stormwater may not be retained in landscaped parkways or landscaped setback
lots. Only incidental storm water (precipitation that directly falls onto the setback)
will be permitted to be retained in the landscape setback areas. The perimeter
setback and parkway areas in the street right-of-way shall be shaped with berms
and mounds, pursuant to LQMC Section 9.100.040(B)(7).
52. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
53. 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.
54. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
55. The applicant shall comply with applicable provisions for post -construction runoff
per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et
seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California
Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB)
Region Board Order No. R7-2013-0011.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction, and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board — Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs
approved by the City Engineer. A project -specific WQMP shall be provided
that 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.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 13 OF 16
UTILITIES
56. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
57. 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.
58. Utility easements shall be clear of any obstructions, including buildings, other
permanent structures, and overhead obstructions, unless the utility has given non-
interference notice.
59. Existing overhead utility lines within or adjacent to the proposed development and
all proposed utilities shall be installed underground, unless otherwise determined
by the City Engineer.
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.
60. Underground utilities shall be installed prior to the overlying hardscape. For the
installation of utilities in existing improved streets, the applicant shall comply with
trench restoration requirements maintained or required by the City Engineer.
61. 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 so as not to conflict with access aisles/entrances.
INOIN41Ia-woK0I�I
62. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly
maintained streets. The improvements shall include required traffic control
devices, pavement markings, and street name signs. If parking construction in
commercial development is initially constructed with partial pavement thickness,
the applicant shall complete the final pavement prior to final inspections of the
building(s) within the development or when directed by the City, whichever comes
first.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 14 OF 16
BUILDING DIVISION
63. Plans shall be prepared according to the applicable code at the time of submittal
for a building permit. As of January 1, 2023, these are the 2022 California Building
Codes.
64. Lot line adjustment is required to remove the lot line through the building.
65. Separate Demolition Permit required, including asbestos analysis and abatement,
and notification to SCAQMD. See Demolition Check List in Attachments.
66. Provide proof of approval from all state and regional regulating agencies as
applicable for the proposed fueling station, including the underground storage tank
removal and installation.
67. Provide written evidence from Riverside County Health Department, approving the
proposed addition and alterations for this Project. Contact the Health Department
directly at (760) 863-7000.
68. When private buildings of public accommodation undergo alterations, structural
repairs, or additions, an accessible path of travel must be provided, or the elements
of an existing accessible path of travel that serve the area(s) of alteration or
addition must be upgraded, in accordance with the 2022 California Building Code
(CBC) Section 11 B-202.4. The path of travel includes parking areas, accessible
paths to the building entrance, and other parts of the facility, as well as the toilet
and bathing facilities, telephones, drinking fountains, and signs serving the area of
work specifically in alterations. It is the design professional's responsibility to verify
the existing path of travel is in compliance with current standards.
FIRE DEPARTMENT
69. Prior to building permit issuance, the Office of the Fire Marshal shall review the
fuel canopy construction plan. Additional fire and life safety conditions may be
determined during this review.
70. Installation and modification to a fuel dispensing operation will require a permit
from the Office of the Fire Marshal. Underground work will require a permit from
the Riverside County Environmental Health Department — Hazardous Materials
Division.
LANDSCAPE AND IRRIGATION
71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 15 OF 16
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 Design and 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 justify 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 any perimeter wall, shall
be included with the Final Landscape Plan submittal.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
CONDITIONAL USE PERMIT 2024-0003
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 16 OF 16
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).
82. The applicant shall make provisions for the continuous and perpetual maintenance
of perimeter landscaping up to the curb, common areas, access drives, sidewalks,
and stormwater BMPs.
FEES AND DEPOSITS
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 an application for plan check and permits.
PLANNING COMMISSION
84. The applicant shall add precast concrete to door recessed area on the east
elevation and raise the wainscoting on the east, south, and west to match the north
elevation to the satisfaction of the Planning Manager.
85. The applicant shall construct a masonry wall up to 6 feet on the Tower Market side
with landscaping along the south wall for sound attenuation and screening.
PLANNING COMMISSION RESOLUTION 2025-001 EXHIBIT B
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 1 OF 16
C,FNFRAI
1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta
("City"), its agents, officers, and employees from any claim, action, or proceeding
to attack, set aside, void, or annul the approval of this Site Development Permit.
The City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action, or proceeding and
cooperate fully in the defense.
2. Site Development Permit 2024-0004 shall comply with all applicable conditions
and/or mitigation measures for the following related approvals:
• CUP2024-0003
• VUP2012-045
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Planning Manager shall adjudicate the conflict by determining
the precedence.
3. The Site Development Permit shall expire on February 25, 2027, and shall become
null and void in accordance with La Quinta Municipal Code Section 9.200.080
unless a building permit has been issued. A time extension may be requested per
LQMC Section 9.200.080.
4. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• La Quinta Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Water Quality Management Plan
(WQMP) Exemption Form — Whitewater River Region, Improvement
Permit)
• La Quinta Design and Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SunLine)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 2 OF 16
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 improvement 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 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, 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.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 3 OF 16
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) is a
requirement for the perpetual maintenance and operation of all post -
construction BMPs as required.
7. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee and Transportation Uniform Mitigation Fee programs in
effect at the time of issuance of building permit(s).
8. Approval of this Site Development Permit shall not be construed as approval for
any horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
9. Developer shall reimburse the City, within thirty (30) days of presentation of the
invoice, all costs and actual attorney 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 affect these conditions. This obligation
shall be paid at the abovementioned time without deduction or offset. Developer's
failure to make such payment shall be a material breach of the Conditions of
Approval.
10. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual consultant's fees incurred by the City for engineering
and/or surveying consultants to review and/or modify any documents or
instruments required by this project. This obligation shall be paid in the
abovementioned time without deduction or offset. Developer's failure to make such
payment shall be a material breach of the Conditions of Approval.
PROPERTY RIGHTS
11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and
maintenance, construction, and reconstruction of essential improvements.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 4 OF 16
12. Pursuant to the aforementioned condition, conferred rights shall include approvals
from the master developer over easements and other property rights necessary
for the construction and proper functioning of the proposed development, not
limited to access rights over proposed and/or existing private streets that access
public streets and open space/drainage facilities of the master development.
13. Prior to precise grading plan approval, lot line adjustment to remove the property
line through the building shall be approved and recorded.
14. The applicant shall offer for dedication all public street rights -of -way in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
15. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Avenida Montezuma — No additional right-of-way dedication is required.
2) Avenida Bermudas — No additional right-of-way dedication is required.
3) Avenida Navarro — No additional right-of-way dedication is required.
16. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
17. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Site Development Permit are necessary prior
to approval of the improvements dedicating such rights -of -way, the applicant shall
grant the necessary rights -of -way within 60 days of a written request by the City.
18. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes.
19. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, parklands, and common areas.
20. Direct vehicular access is restricted, except for those access points identified on
the Site Development Permit or as otherwise conditioned in these conditions of
approval.
21. The applicant shall furnish proof of easements or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 5 OF 16
STREET AND TRAFFIC IMPROVEMENTS
22. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development) for public streets.
23. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding and provide lateral containment of dust and residue
during street sweeping operations.
24. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
1) Avenida Montezuma (Modified Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
2) Avenida Bermudas (Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
3) Avenida Navarro (Local Street):
No additional street widening along all the frontage adjacent to the
Village Use Permit boundary is required.
Other required improvements in the Avenida Montezuma, Avenida
Bermudas, and Avenida Navarro right-of-way and/or adjacent landscape
setback area include:
a) All appurtenant components such as, but not limited to, curb,
gutter, traffic control striping, legends, signs, sidewalk, catch
basin, driveways, and curb ramps
The applicant is responsible for the construction of all the improvements mentioned
above.
The applicant shall extend improvements beyond the project boundaries to ensure
they safely integrate with existing improvements (e.g., grading, traffic control
devices, and transitions in alignment, elevation, or dimensions of streets and
sidewalks).
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 6 OF 16
PARKING LOT 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, aisle widths, and double hairpin stripe parking space
design shall conform to LQMC Chapter 9.150.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required, including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
evaluate ADA accessibility issues.
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 handicapped parking space
or as approved by the City Engineer. One van -accessible parking space is
required for every 8 accessible parking spaces.
F. Drive aisles between parking spaces shall be a minimum of 26 feet, with
access drive aisles to Public Streets a minimum of 30 feet or as approved
by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility routes 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.
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 the base, asphalt concrete, and Portland cement concrete. The
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 7 OF 16
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 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 registered in the State of 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.
29. 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).
30. 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
that the applicant may be required to prepare other improvement plans not listed
here pursuant to improvements required by other agencies and utility purveyors.
A. Precise Grading Plan
1" = 30' Horizontal
B. PM10 Plan (if disturbed area >_ 1 acre) 1" = 40' Horizontal
C. Erosion Control Plan (if disturbed area >_ 1 acre) 1" = 40' Horizontal
D. WQMP (Plan submitted in Report Form)
NOTE: A through D are to be submitted concurrently.
(Separate Storm Drain Plans if applicable)
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 8 OF 16
All Off -Site Plans & 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.
Precise Grading plans shall normally include all on -site surface improvements,
including but not limited to finish grades for curbs & gutters, building pad and floor
elevations, wall elevations, parking lot improvements, and accessibility
requirements.
31. 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
(www.lag uintaca.gov). Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
32. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer.
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 that 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 plans previously submitted to the City, revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer of
Record during the construction phase of the project so that the FOR can make site
visits in support of preparing "Record Drawing". However, if subsequent approved
revisions have been approved by the City Engineer and reflect said "Record
Drawing" conditions, the Engineer Of Record may submit a letter attesting to said
fact to the City Engineer.
IMPROVEMENT SECURITY AGREEMENTS
34. 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.
35. 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.
36. 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:
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 9 OF 16
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to reimbursement of
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.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall reimburse the City for the costs of such
improvements.
37. 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 the 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.
r,RAnINr,
38. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
39. 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.
40. 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
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 10 OF 16
D. An Erosion Control Plan, if applicable, showing 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. A final WQMP prepared by an appropriate professional registered in the
State of California.
F. A grading bond in a form acceptable to the City and in an amount sufficient
to guarantee compliance with the grading bond requirements.
All grading shall conform with the recommendations contained in the Preliminary
Soils Report and shall be certified as being adequate by a 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.
41. 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 other erosion control
measures approved in the Fugitive Dust Control Plan.
42. Grading within the perimeter setback and parkway areas shall have undulating
terrain and 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 the 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.
43. Building pad elevation on the precise grading plan submitted for the City
Engineer's approval shall conform with pad elevations shown on the preliminary
grading plan unless the pad elevations have other requirements imposed
elsewhere in these Conditions of Approval or as approved by the City Engineer.
44. 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 (05) from the elevations shown on the
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 11 OF 16
approved Site Development Permit, the applicant shall submit the proposed
grading changes to the City Engineer for a substantial conformance review.
45. 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.
46. Stormwater handling shall conform with the approved hydrology and drainage
report for the Tower Market Expansion project (SDP2024-0004) or as approved by
the City Engineer. Nuisance water shall be disposed of in an approved manner.
Nuisance water shall be retained on site and disposed of via an underground
percolation improvement approved by the City Engineer.
47. 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.
48. 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.
49. In the design of retention facilities, the maximum percolation rate shall be two
inches per hour. The percolation rate will be considered zero unless the applicant
provides site -specific data indicating otherwise and as approved by the City
Engineer.
50. The project shall be designed to accommodate purging and blowoff water (through
underground piping and/or retention facilities) from any on -site or adjacent well
sites granted or dedicated to the local water utility authority as a requirement for
the development of this property.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 12 OF 16
51. Stormwater may not be retained in landscaped parkways or landscaped setback
lots. Only incidental storm water (precipitation that directly falls onto the setback)
will be permitted to be retained in the landscape setback areas. The perimeter
setback and parkway areas in the street right-of-way shall be shaped with berms
and mounds, pursuant to LQMC Section 9.100.040(B)(7).
52. The design of the development shall not cause any increase in flood boundaries
and levels in any area outside the development.
53. 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.
54. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
55. The applicant shall comply with applicable provisions for post -construction runoff
per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et
seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California
Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB)
Region Board Order No. R7-2013-0011.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction, and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board — Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2013-0011.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs
approved by the City Engineer. A project -specific WQMP shall be provided
that 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.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 13 OF 16
UTILITIES
56. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
57. 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.
58. Utility easements shall be clear of any obstructions, including buildings, other
permanent structures, and overhead obstructions, unless the utility has given non-
interference notice.
59. Existing overhead utility lines within or adjacent to the proposed development and
all proposed utilities shall be installed underground, unless otherwise determined
by the City Engineer.
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.
60. Underground utilities shall be installed prior to the overlying hardscape. For the
installation of utilities in existing improved streets, the applicant shall comply with
trench restoration requirements maintained or required by the City Engineer.
61. 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 so as not to conflict with access aisles/entrances.
INOIN41Ia-woK0I�I
62. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The improvements shall include required traffic control
devices, pavement markings, and street name signs. If parking construction in
commercial development is initially constructed with partial pavement thickness,
the applicant shall complete the final pavement prior to final inspections of the
building(s) within the development or when directed by the City, whichever comes
first.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 14 OF 16
BUILDING DIVISION
63. Plans shall be prepared according to the applicable code at the time of submitting
a building permit. As of January 1, 2023, these are the 2022 California Building
Codes.
64. Lot line adjustment is required to remove the lot line through the building.
65. Separate Demolition Permit required, including asbestos analysis and abatement,
and notification to SCAQMD. See Demolition Check List in Attachments.
66. Provide proof of approval from all state and regional regulating agencies as
applicable for the proposed fueling station, including the underground storage tank
removal and installation.
67. Provide written evidence from Riverside County Health Department, approving the
proposed addition and alterations for this Project. Contact the Health Department
directly at (760) 863-7000.
68. When private buildings of public accommodation undergo alterations, structural
repairs, or additions, an accessible path of travel must be provided, or the elements
of an existing accessible path of travel that serve the area(s) of alteration or
addition must be upgraded, in accordance with the 2022 California Building Code
(CBC) Section 11 B-202.4. The path of travel includes parking areas, accessible
paths to the building entrance, and other parts of the facility, but also includes the
toilet and bathing facilities, telephones, drinking fountains, and signs serving the
area of work specifically in alterations. It is the design professional's responsibility
to verify the existing path of travel is in compliance with current standards.
FIRE DEPARTMENT
69. Prior to building permit issuance, the Office of the Fire Marshal shall review the
fuel canopy construction plan. Additional fire and life safety conditions may be
determined during this review.
70. Installation and modification to a fuel dispensing operation will require a permit
from the Office of the Fire Marshal. Underground work will require a permit from
the Riverside County Environmental Health Department — Hazardous Materials
Division.
LANDSCAPE AND IRRIGATION
71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping
Setbacks) & 13.24.140 (Landscaping Plans).
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 15 OF 16
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 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 Design and 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 justify 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 any perimeter wall, shall
be included with the Final Landscape Plan submittal.
PLANNING COMMISSION RESOLUTION 2025-001
CONDITIONS OF APPROVAL - APPROVED
SITE DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
ADOPTED: FEBRUARY 25, 2025
PAGE 16 OF 16
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).
82. The applicant shall make provisions for the continuous and perpetual maintenance
of perimeter landscaping up to the curb, common areas, access drives, sidewalks,
and stormwater BMPs.
FEES AND DEPOSITS
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 an application for plan check and permits.
PLANNING COMMISSION
84. The applicant shall add precast concrete to door recessed area on the east
elevation and raise the wainscoting on the east, south, and west to match the north
elevation to the satisfaction of the Planning Manager.
85. The applicant shall construct a masonry wall up to 6 feet on the Tower Market side
with landscaping along the south wall for sound attenuation and screening.