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PCRES 1993-013PLANNING COMMISSION RESOLUTION 93-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A TACO BELL RESTAURANT. CONDITIONAL USE PERMIT 93-006 WHEREAS, the Planning Commission of the City of La Quinta, California did on the 27th day of April, 1993, hold a duly noticed Public Hearing to consider the request of FANCHER DEVELOPMENT SERVICES, INC. and TACO BELL for approval of a Conditional Use Permit to allow construction of a one story fast food restaurant with drive-thru lane in the C-P-S Zone located 900 feet west of Adams Street, and north of Highway 111, more particularly described as: A PORTION OF THE NORTH HALF OF SECTION 30, T5S, R7E, S.B.B.M. WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Planning Director has determined that after an initial study, the project will not have an significant adverse effect on the environment and that a Negative Declaration should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Conditional Use Permit: 1. The proposed use will not be detrimental to the health, safety, or general welfare of the community. 2. The Conditional Use Permit, as conditioned, is consistent with the approval and conditions of Specific Plan 89-014, Amendment N1, of which this site is a part of. 3. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements and intent of the C-P-S zone and Transpacific Development Company/One Eleven La Quinta Center Specific Plan. 4. That the environmental impacts associated with the development of this project can be mitigated through the approval conditions imposed upon it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RESOPC.099 1 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby approve Conditional Use Permit 93-006 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 27th day of April, 1993, by the following vote, to wit: AYES: Commissioners Ellson, Marrs, Adolph, & Chairwoman Barrows NOES: None ABSENT: Commissioner Mosher ABSTAIN: None KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: tY HFRMAN, Planning Director of La Quinta, California RESOPC.099 2 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 93-006 - TACO BELL RESTAURANT APRIL 27, 1993 * Revised by the Planning Commission on April 27, 1993 PLANNING & DEVELOPMENT DEPARTMENT: The development of this site shall be generally be in conformance with the exhibits contained in the file for Conditional Use Permit 93-006, unless otherwise amended by the following conditions. 2. The approved conditional use permit shall be used by April 27, 1994; otherwise it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is allowed by this approval, not including grading, which is begun within the one year period and thereafter diligently perused to completion. A time extension request can be submitted to extend the project for an additional one year period if the request is made one month prior to expiration of the case and proper filing fees are received. 3. All applicable conditions of SP 89-014 and Parcel Map 25865 shall be complied with as necessary. 4. An exterior lighting plan for the parking lot area and building shall be approved by the Planning and Development Department prior to issuance of a building permit. Lighting fixtures shall be shielded to eliminate glare on the adjacent streets. 5. Should mandatory recycling be required at sometime in future, separate recycling bins if needed shall be provided within a masonry enclosure. 6. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance of a future building permit. 7. Construction shall comply with all local and State building code requirements in effect at the time of issuance of a building permit. 8. Final landscape and irrigation plans shall be approved by the Agricultural Commissioner and the Coachella Valley Water District, prior to issuance of a building permit. 9. Applicant shall work with master developer to provide coordination of landscape planting along the south and west sides of the building. CONAPRVL.074 1 Conditions of Approval CUP 93-006 - Taco Bell Restaurant April 27, 1993 DESIGN REVIEW BOARD 10. The drive-thru lane shall be screened by either a landscaped berm, masonry wall or combination thereof, along the entire length of the proposed drive-thru lane to the satisfaction of the Planning and Development Director. The top of the wall and/or landscaping shall be a minimum of four feet above the finish floor height of the restaurant and meet the provisions of Specific Plan 89-014, Amendment 1i1. 11. Two drive-thru pick-up windows shall be provided per the provisions of the adopted Specific Plan 89-014. A covered trellis or canopy, should be built over both drive -up delivery windows as required by the provisions of the Off -Street Parking Code. The design and location of the shade structures shall be approved by the Director of Planning and Development. 12. All amplification equipment and lighting for the drive-thru lane shall be screened by appropriate building materials or landscaping to muffle or conceal their existence. 13. The height of a future flagpole at the site shall not exceed 40-feet. The American flag and California flag may be flown on the pole if it is constructed and the size of each flag shall not be longer than three feet by five feet. 14. Any roof lighting for the restaurant should be done with bullet fixture units to accent the clay roof tile and be subject to Staff approval. *15. The provisions of the Transpacific Development Company sign program shall be met, but a sign adjustment will be permitted for the freestanding menu sign and the on -site directional signs. Only one side of the directional sign should have directional information and the other side can have other customer information (e.g. "Thank You"). The location shall be approved by the Director of Planning and Development. A south elevation building sign will not be permitted if a freestanding monument sign is installed. 16. The satellite receiving dish on the roof shall be screened so that it cannot be seen from outside the project boundaries. 17. The exterior building colors and materials shall match those used in the shopping center unless otherwise approved by the Design Review Board. 18. The drive-thru lane shall be a minimum of 28-feet from Highway 111 right-of-way line so that it is outside the City's landscape parkway easement. Ancillary structures (walls, columns, etc.) will be allowed to encroach into this easement if permitted by the Director of Planning and Development. 19. A minimum of four car stacking shall be provided at the entrance of the drive-thru lane to accommodate vehicular maneuvering prior to the installation of any on -site ordering. CONAPRVL.074 2 Conditions of Approval CUP 93-006 - Taco Bell Restaurant April 27, 1993 *20. The facade arch shall have a one step architectural element on each side of the building and the facade architecture shall return and tie into the proposed roof structure. The Planning Commission shall review the design change at a future meeting under a Business Item format. *21. The future landscape plan should include both the proposed landscaping plus the existing parkway landscaping on Highway 111. No fountain grass shall be used in the project because it is invasive to other desert landscaping materials; landscaping shall be used to screen the wall -mounted electrical boxes so that they are not visible from Highway 111. 22. Additional shade trees should be installed around the immediate perimeter of the proposed building to accent the low-level shrubs which have been proposed. 23. The final construction plans should be reviewed by Staff during plan check prior to the issuance of a building permit. 24. The landscaping planter on the north side of the building should be enlarged from two feet to a minimum width of five feet. 25. The trash enclosure gates should be solid metal and hung on four inch freestanding steel posts. The enclosure should be a minimum height of six feet. CITY FIRE MARSHAL: 26. Provide or show there exists a water system capable of delivering 1250 gpm for a two hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 27. The required fire flow shall be available from a Super hydrant(s) (6" X 4" X 2-1/2"), located not less than 25-feet nor more than 165-feet from any portion of the building(s) as measured along approved vehicular travelways. 28. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 29. Install pane hardware exit signs as per Chapter 33 of the Uniform Building Code. 30. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AIOBC in rating. Contact certified extinguisher company for proper placement of equipment. 31. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/ inspection fee, to the Fire Department for review. CONAPRVL.074 3 Conditions of Approval CUP 93-006 - Taco Bell Restaurant April 27, 1993 32. Install Knox Lock Boxes, Models 4400, 3200, or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 33. If the building facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 34. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. ENGINEERING DEPARTMENT: 35. Prior to issuance of a building permit, plans showing site grading, parking, circulation, and access to streets, shall be reviewed and approved by the Planning and Development Department and Engineering Department to insure compatibility with the overall approved plans. 36. All storm water and nuisance water run-off produced on this site shall be discharged in accordance with the approved drainage plan prepared for Specific Plan 89-014, unless otherwise approved by the City Engineer. 37. All off -site improvements adjacent to the site and site grading shall conform to approved improvement plans prepared pursuant to Specific Plan 89-014. 38. The Applicant shall retain a California registered civil engineer, or designate one who is on the Applicant's staff, to exercise sufficient supervision and quality control during construction of the site grading and improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the compliance responsibility shall make the following certification upon completion of construction: A. "All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finish building pad elevations conform with the approved grading plans." 39. The Applicant shall pay all fees charged by the City as required for processing, plan checking, and construction inspection. The fee amount(s) shall be those which are in affect at the time work is undertaken and accomplished by the City. CONAPRVL.074 4 Conditions of Approval CUP 93-006 - Taco Bell Restaurant April 27, 1993 _ 40. All on -site parking spaces shall comply with the City's Off -Street Parking Code. SPECIAL: 41. The State Fish and Game fees shall be paid within 24-hours after review of the case by the City Council. 42. Prior to issuance of a grading permit and building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal o City of La Quinta Public Works Department o Planning and Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building and Safety Department at the time of the application for any permit for any use contemplated by this approval. CONAPRVL.074 5