CC Resolution 2001-015 RESOLUTION NO. !2001-16
A RESOLUTION OF THE CITY CQUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DEN~ING THE APPELLANT'S
REQUEST AND MODIFYING CONDmON OF APPROVAL
NO. 48 FOR THE JACK INTHE BOX RESTAURANT
LOCATED AT THE NORTHWEST i CORNER OF HIGHWAY
111 AND DEPOT WAY ON APflR~)XIMATELY 0.9 ACRES
CASE NO.: SITE DEVELOPMEI~I' PERMIT 2000-687
APPELLANT: LYONS, WARREN & ASSOC., INC. FOR JACK IN THE BOX
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WHEREAS, the City Council of th~ City of La Ouinta, California, did on
the 6a day of March, 2001, hold a duly noticed IPublic Hearing to consider the request
of Lyon, Warren and Associates to appeal a req~Jirement by the Planning Commission
to repair and replace landscape and irrigation improvements in the Highway 111
parkway prior to a final inspection of the proposed Jack in the Box restaurant at 79-
724 Highway 111 within the Jefferson Plaza Sh~)pping Center (Specific Plan 96-027);
more particularly described as follows: !
Being Lot I of Parcel Map No. 28573 within a portion of Section 29, T5S, R5E,
San Bernardino Meridian (Assessor's Plarcel No.: 649-020-037); Pad #1 of
Phase 2 of SP 96-027 i
WHEREAS, the Planning CommissiOn of the City of La Quinta, California,
did on the 9a day of January, 2001, hold duly r)oticed Public Hearing to consider the
request of Lyon, Warren and Associates to review development plans for Jack in the
Box restaurant in the Regional Commercial (CR) Zone on approximately 0.9 acres at
the northwest corner of Highway 111 and D~pot Way within the Jefferson Plaza
Shopping Center (Specific Plan 96-027), and on a 4-0 vote, recommended approval,
subject to conditions; and
· WHEREAS, the Architectural andlLandscape Review Committee of the
City of La Quinta, California, did on the 3~ day c~f January, 2001, recommend approval
to the Planning Commission of Site Development Permit 2000-687 by adoption of
Minute Motion 2001-01, subject to conditions~.
WHEREAS, upon hearing and con~sidering all testimony and arguments,
if any, of all interested persons desiring to be ~heard, said City Council did make the
following Mandatory Findings the following '*~_cts, findings, and reasons to justify
approval of Site Development Permit 2000-611?:
~n No. 2001-1E
Development Permit 2OOO-887
Jmok in the Box Reetmalnt
Mardt 6, 2001
P~g. 2
1. The project is consistent with the General Plan, Specific Plan and Zoning Code.
The City's General Plan Land Use Element designates this site as Mixed Regional
Commercial with a nonresidential overlay. This designation provides for
commercial uses including restaurants as is proposed. Therefore, development
of the subject property with commercial uses will be compatible with adjacent
properties provided the applicable conditions as recommended by staff ara
cqmplied with.
2. A Mitigated Negative Declaration (Environmental Assessment 96-325) was
certified for Specific Plan 96-027 in 1996. No changed circumstances or
conditions and no information provided which would trigger the preparation of
a subsequent environmental review per Public Resources Code Section 21166.
3. 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.
The architectural elements of the building are compatible with the design
elements of the buildings in Jefferson Plaza in accordance with the Specific Plan
Design Guidelines.
4. 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 enclosure, lighting, and other site design
elements are compatible with surrounding development and with the quality of
design prevalent in the City.
Parking for this site is proposed on the east side of the building with a single
drive-through lane on the west side for take-out service needs. The parking lot,
complies with the required design standards of the Zoning Code and Specific
Plan. The project design, along with the recommended Conditions, assures
required design standards are met. The development of the restaurant will
comply with applicable development standards.
5. The landscaping for the project has been designed to comply with the design
parameters of Specific Plan 96-027.
ll~.~u~n No. 2001-15
~ Dev. k~pm~lt I~.rmlt 2000-887
J.~k in ~1. Box R~t~r. nt
Mar(ih 6, 2001
The proposed plant palette is consistent with Specific Plan 96-027 and the
Highway 111 Design Guidelines as conditioned.
6. The sign program is consistent with Chapter 9.160 of the Municipal Code, and
proposes common design elements.
The south and east facing corporateI ID signs are compatible with the
architectural elements of the building and~; proportionally suited, complying the
adopted Sign Program for Jefferson Plazia.
7. The landscaping for the project has beed designed to comply with the design
parameters of Specific Plan 96-027.
The proposed plant palette is consistent with Specific Plan 96-027 and the
Highway 111 Design Guidelines as conditioned. However, the landscaping and
irrigation have not been maintained along the entire Highway 111 parkway and
landscape setback.
NOW, THEREFORE, BE IT RESOLVED I~y the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and cor, rect and constitute the findings of the
City Council in this case;
2. That the City Council does hereby den~v the appellant's request to modify
Condition #48 for the reasons set forth iin this Resolution and subject to the
attached conditions; and
3. That the project has been assessed under EA 96-325 for which a Mitigated
Negative Declaration has been certified, altd the mitigation measures identified
are hereby required to be met.
PASSED, APPROVED and ADOPTE! at a regular n'~,cting of the La Quinta
City Council, held on this 6a day of March, 20,1, by the following vote, to wit:
Reeoludon No. 2001-16
81to Developmem I~,,,;~ 2000.887
J~ok in 1he Box ReetmZmlt
Men:h 8, 2001
p~,4
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pefia
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
ATTEST:
City of La Ouinta, California
(City Sea~)
APPROVED AS TO FORM:
M. KATH£FtlN£ JfiNSON, 17f.,~,/Attorney
City of I.a Quints, Californi~
RESOLUTION 2001-16
CONDITIONS OF APPROVAL - RECOMMENDE
SITE DEVELOPMENT PERMIT 2000-687
JACK IN THE BOX RESTAURANT - APPEAL
MARCH 6, 2001
1. Upon approval by the City Council, a memorandum noting that the City
Conditions of Approval for this application exist and are available for review at
City Hall shall be recorded against the p~operty with Riverside County by the
applicant.
2. The Site Development Permit shall be use~ (beginning of construction) by March
6, 2002; pursuaht to Section 9.200.080 ¢,f the Municipal Zoning Code, unless
a one year time extension is granted, pri=r to expiration.
3. The proposed restaurant development sha~l comply with all applicable conditions
of Specific Plan 96-027 (Jefferson PlazaI.
4. Parking lot light standards shall match tho ;e used in the construction of Phase
1 of the Shopping Center and not exceed 25-feet in overall height pursuant to
Condition 2 of Specific Plan 96-027;
5. Prior to the issuance of a grading, improve m,e. nt or building permit, the applicant
shall obtain permits and/or clearances fr¢~m the following public agencies:
· Fire Marshal
· Public Works Department (Grading Permit, Improvement Permit)
· Community Development Departm ~nt
· Riverside County Environmental H~ alth Department
· Desert Sands Unified School District (DSUSD)
· Coachella Valley Water District (C'~VD)
· Imperial Irrigation District (liD)
· California Water Quality Control B~)ard (CWQCB)
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of s~id approvals prior to obtaining City
approval of the plans.
Page 1
Fleeolutlon No. 2001-15
81re Developmem Peflnit 2OOO-687
Mlroh 6, 2001
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit. For projects requiring project-specific NPDES
construction permits, the applicant shall submit a copy of the CWQCB
acknowledgment of the applicant's Notice of Intent prior to issuance of a
grading or site construction permit. The applicant shall ensure that the required
Storm Water Pollution Protection Plan is available for inspection at the project
site.
6. Developer agrees to indemnify, defend and hold harmless the. City of La Quinta
in the event of any legal claim or litigation arising out of the City's approval of
this project. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
PROPERTY RIGHTS
7. The applicant shall vacate abutter's rights of access to public streets from all
frontage along the streets and properties except access drives de, cribed herein.
8. The applicant shall dedicate or grant public and private street right of way and
utility easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
9. 'The applicant shall dedicate ten-foot public utility easements contiguous with
and along both sides of all private streets. The easements may be reduced to
five feet with the express concurrence of liD.
10. The applicant shall dedicate easements necessary for placement of and access
to utility lines and structures, drainage basins, mailbox clusters, park lands, and
common areas.
11. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading, retaining
wall construction, permanent slopes, or other encroachments are to occur.
12. If the applicant proposes vacation or abandonment of any existing rights of way
or access easements which will diminish access rights to any properties owned
by others, the applicant shall provide approved alternate rights of way or access
easements to those properties or notarized letters of consent from the property
owners.
Page 2
ReeMu~m No. 2001-15
,1~ D~wk)pm.nt IMmlt 2000-e87
J,i.k In the B.x ReetMalnt - AI~peM
MM'(~I 8, 2001
IMPROVEMENT PLANS
As used throughout these conditions of approval, professional titles such as 'engineer,'
"surveyor," and 'architect" refer to persons curr,~ntly certified or licensed to practice
their respective professions in the State of Cali'fornia.
13. Improvement plans shall be prepared bl or under the direct supervision of
qualified engineers and landscape archit ~cts, as appropriate. Plans shall be
submitted on 24" x 36" media.
14. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard
Regulations). If any portion of any proposBd building lot in the development is
or may be located within a flood hazard irea as identified on the City's Flood
Insurance Rate Maps, the development sh ill be graded to ensure that all floors
and exterior fill (at the foundation) are above the level of the project (lO0-year)
flood and building pads are compacted tO 95% Proctor Density as required in
Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to
issuance of building permits for lots which are so located, the applicant shall
furnish certifications as required by FEMA ~thst the above conditions have been
met.
15. Prior to issuance of a grading permit, th~ applicant shall furnish a preliminary
geotechnical ("soils") report and an ap)roved grading plan prepared by a
qualified engineer. The grading plan shall conform with the recommendations
of the soils report and be certified as adeql,ste by a soils engineer or engineering
geologist.
A statement shall appear on final maps (if any are required of this development)
that a soils report has been prepared purs Jant to Section 17953 of the Health
and Safety Code.
16. Slopes shall not exceed 5:1 within publi~ rights of way and 3:1 in landscape
areas outside the right of way unless othe'wise approved by the City Engineer.
Page 3
Reeolutfon No. 2001-15
81re Development Permit 2OOO-887
J.=k In the Box Re.munmt -Apped
M~dl 6, 2001
17. Prior to occupation of the project site for construction purposes, the applicant
shall submit and receive approval of a fugitive dust control plan prepared in
accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in
a form acceptable to the city, in an amount sufficient to guarantee compliance
with the provisions of the permit.
18. The applicant shall maintain graded, undeveloped land to prevent wind and
water erosion of soils. The land shall be planted with interim landscaping or
provided with other erosion control measures approved by the Community
Development and Public Works Departments.
19. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. For each
pad, the certification shall list the approved elevation, the actual elevation, the
difference between the two, if any, and pad compaction. The data shall be
organized by lot number and listed cumulatively if submitted at different times.
20. Stormwater drainage shall comply with the approved Hydrology Plan for the
Jefferson Plaza Shopping Center.
21. Nuisance water shall be retained and disposed of on-site in an approved facility.
The facility shall be designed to infiltrate five gallons per day per 1,000 square
feet (of landscape area) and to accommodate a surge rate of three gallons per
hour per 1,000 square feet.
22. To ensure optimum placement for practical and aesthetic purposes, the
applicant shall obtain the approval of the City Engineer for the location of all
utility lines within the right of way and all above-ground utility structures
including, but not limited to, electrical vaults, water valves, and telephone
stands.
23. All proposed utilities within or adjacent to the proposed development shall be
installed underground.
Paga 4
I~lut~n I~. 2001-15
~ ~ ~ 2000-887
M~'ch 8, 2001
24. Utilities shall be installed prior to overlying hardscape. For installation of utilities
in existing, improved stTeets, the applicant shall comply with trench restoration
requirements maintained or required by rite City Engineer. The applicant shall
p.rovide certified reports of trench compaclion for approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
25. Parking lot design shall conform with the (::ity's Off-Street parking Ordinance as
delineated in Chapter 9.150 of the LQM(:.
26. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integra, · with existing improvements (e.g.,
grading; traffic control devices and tr; nsitions in alignment, elevation or
dimensions of streets and sidewalks).
applicant shall design street pavement sections using Caltrans' design
27.
The
procedure (20-year life) and site-specific c~ata for soil strength and anticipated
traffic loading (including construction traffi{:). Minimum structural sections shall
be as follows (or approved equivalents fclr alternate materials):
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Residential & Parking Areas ~.0" a.c./4.50" c.a.b.
LANDSCAPING~:=
28. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
29. Landscape and irrigation plans shall be signed and stamped by a licensed
landscape architect.
The applicant shall submit plans for apprc ;al by the Community Development
Department prior to plan checking by the ablic Works Department. When plan
checking is complete, the applicant shall c rain the signatures of CVWD and the
Riverside County Agricultural CommissionEr prior to submitting for signature by
the City Engineer. Plans are not approved For construction until signed by the
City Engineer.
30. Landscape areas shall have permanent i'rigation improvements meeting the
requirements of the City Engineer. Use of awn shall be minimized with no lawn
or spray irrigation within 18 inches of cu~'bs along public streets.
Page 5
Reeolutlon No. 2001-16
81~ Developnl~lt Pemllt 20OO-687
Ja.k In the Box Reetau~'ant - Appeal
Maroh 6, 2001
31. Landscaping within the Jefferson Plaza Shopping Center shall be commonly
maintained under a single maintenance contract pursuant Condition 59 of
Specific Plan 96-027.
32. Prior to building permit issuance, the applicant shall submit to the Community
Development Department for review and approval a landscape and irrigation
plan showing the following:
A. African Sumac trees shall replace Olive trees to match the existing
parking lot trees at the Home Depot facility (24" box with 2.5" caliper).
B. A minimum of three California Fan Palms, averaging 20 feet high, shall
be installed at the southeast side of the parking lot to conform with the
City's Highway 111 Landscape Guidelines in lieu of installing new shade
trees at this location. These parkway palm trees shall be uplighted with
fixtures mounted eight foot above the finished grade level to deter
vandalism. A minimum of two palms shall be lighted for decorative
purposes.
C. The proposed 'California Pepper trees in the Highway 111 parkway shall
be removed and replaced with a tree type as specified in the Highway
111 Design Guidelines.
D. The applicant shall ensure that landscaping plans and utility plans are
coordinated to provide visual screening of aboveground utility structures
pursuant to Condition 56 of SP 96-027.
E. Parking lot trees shall be 24" box tree or larger with 2-1/2" to 3"
diameter (caliper) trunks pursuant to Condition 60 (D) of SP 96-027.
Newly planted trees shall be staked 'with lodge poles to prevent damage
from gusts of wind, etc.
F. The parking lot shall be screened by using a combination of berms, walls,
and landscaping so that the vehicles will not be visible from Highway
111, consistent with requirements identified in SP 96-027 (i.e., Condition
61) and Chapter 9.150 (Parking) of the Zoning Ordinance. The height
of the screen wall for the drive-through lane shall be measured from the
curb height.
Page6
Reeolution No. 2001-16
Development Pemllt 2OOO-687
J..dc In ~he Box Re.t, ur~nt - Appe~
Me'c]h 8, 2001
G. A Iow profile wall (two foot high) shall be constructed along the west
property line to ensure blowing sand does not overrun and destroy the
landscaping improvements adjacent to the drive-through lane.
H. Replace the turf areas north of the building with less demanding water
use materials (i.e., desertscape).
QUALITY ASSURANCE
33. The applicant shall employ construction quality-assurance measures which meet
the approval of the City Engineer.
34. The applicant shall employ or retain qualified civil engineers, geotechnical
engineers, surveyors, or other appropriate professionals to provide sufficient
construction supervision to be able to furnish and sign accurate record
drawings.
35. The applicant shall arrange and bear the cost of measurement, sampling and
testing procedures not included in the City's inspection program but required by
the City as evidence that construction materials and methods comply with
plans, specifications and applicable regulations.
MAINTENANCE
36. The applicant shall make provisions for continuous, perpetual maintenance of
all on-site improvements, perimeter landscaping, access drives, and sidewalks.
FEES AND DEPOSITS
37. The applicant shall pay the City's established fees for plan che~:king and
construction inspection. Fee amounts .shall be those in effect when the
applicant makes application for plan checking and permits.
38. Prior to on-site grading or building permit issuance, Fringe-toed Lizard mitigation
fees shall be paid to the City (i.e., $600.O~/acre) unless proof of payment can
be provided to the Community Development Department.
.. 39. A plan check fee must be paid to the Fire Department at the time building plans
are submitted.
P~e7
Re.otm~n No. 2001-1 Ii
~ Devek~mt~nt Pe~t 2O0O-687
J~k in the B~x Reet~r,m - Appeal
M.rdl 6, 2001
40. Provisions shall be made to comply with the terms and requirements of the
City's adopted Infrastructure Fee program in effect at the time of issuance of
building permits.
41. Prior to sign permit issuance, the following sign modifications shall be made,
subject to approval of the Community Development Director:
Directional signs for the drive-through lane shall be limi'(ed to three square
feet per Table 9-17 of the Sign Ordinance, and the sign copy shall read
'Drive-thru' with directional arrow. The logo shall be deleted.
B. One of the three building mounted signs shall be deleted.
C. Only one freestanding menu board sign is permitted, unless otherwise
determined by the Community Development Department based on a
survey of other existing fast food restaurants on Highway 1 1 1. All menu
board signs shall have monument bases.
FIRE MARSHAL
42. Complete building plans will be required for review and approval by the Fire
Department prior to issuance of building permits.
43. Fire hydrants in accordance with Coachella Valley Water District (CVWD)
Standard W-33 shall be located at each street intersection spaced not more than
330 feet apart in any direction with no portion of any lot frontage more than
165 feet from a fire hydrant. Minimum fire flow shall be 2,000 g.p.m, for a 2-
hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of
the streets directly in line with the fire hydrants.
44. Prior to the issuance of a building permit, the applicant/developer shall furnish
one blue line copy of the water system plans to the Fire Department for review
and approval. Plans shall conform to the fire hydrant types, location and
spacing, and the system shall meet the fire flow requirements. Plans must be
signed by a registered Civil Engineer and the local water company with the
following certification: "1 certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
Page 8
lbeolutlon No. 2001-1G
Bite Dlvdoprnl~ Plmllt 2000-687
Jeak In the Box Re~tma'ml~ -Apped
Mm'ch 6, 2001
45. The required water system including fire hydrants will be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot.
46. Final conditions will be addressed when building plans are reviewed. All
questions regarding the meaning of these conditions should be referred to the
Fire Department Planning and Engineering staff at (760) 863-8886.
MISCELLANEOUS
47. The developer shall provide a bicycle rack at the front of the building pursuant
to Section 9.150.060(D3b) of the Zoning Ordinance. The rack shall
accommodate a minimum of five bicycles and be shaded by building and/or
landscape features.
48. Landscape and irrigation improvements in the Highway 111 parkway frontage
of the associated parcel shall be repaired and replaced prior to final inspection
and thereafter shall be maintained.
Page 9