PC Resolution 1996-032PLANNING COMMISSION RESOLUTION 96-032
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA
CERTIFYING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT
FOR ENVIRONMENTAL ASSESSMENT 96-324
PREPARED FOR CONDITIONAL USE PERMIT 96-
02E
ENVIRONMENTAL ASSESSMENT 96-324
BOSTON WEST, L.L.C.
WHEREAS, the Planning Commission of the City of La Quinta, California, did on the
13th day of August, 1996, hold a duly noticed Public Hearing to consider Environmental Assessment
96-324 and Conditional Use Permit 96-027; and,
WHEREAS, said application 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 Community Development Department has
prepared an Initial Study (EA 96-324); and
WHEREAS, the Community Development Director has determined that said
Conditional Use Permit will not have a significant adverse effect on the environment, and that a
Mitigated Negative Declaration of environmental impact should be filed; and
WHERF,AS, 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,
findings, and reasons to justify certification of said Environmental Assessment:
I. The proposed Use Permit will not be detrimental to the health, safety, or general welfare of
the community, either indirectly or directly, in that no significant impacts have been identified,
and less than significant or potentially significant impacts can be addressed by the
incorporated mitigation measures.
2. The proposed Use Permit does not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to drop below
self sustaining levels, threaten to eliminate a plant or animal community, reduce the number
or restrict the range of rare or endangered plants or animals or eliminate important examples
of the major periods of California history or prehistory, due to the lack of any such factors
existing on or near the site.
3. The proposed Use Permit does not have the potential to achieve short-term environmental
goals, to the disadvantage of long-term environmental goals, as the site has been prepared for
development as part of an existing shopping center which was reviewed subject to CEQA and
incorporates mitigation measures conditioned upon the overall project.
resoca.324
Planning Commission Resolution 96-032
4. The proposed Use Permit will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development in the
immediate vicinity. The proposed restaurant project is consistent with the designated land use
and policy guidance adopted for the La Quinta General Plan and Specific Plan 89-014, for
which mitigation measures were adopted to assure that future development in accordance
with said Plans would not have detrimental effects on the environment beyond those identified
in the Statement of Overriding Considerations adopted for the La Quinta General Plan.
5. The proposed Use Permit will not have environmental effects that will adversely affect the
human population, either directly or indirectly, in that the site is located on an urbanizing
Arterial Corridor, with infrastructure to support such development already in place, and is
part of a previously approved shopping center which was reviewed subject to CEQA and is
consistent with the La Quinta General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of La Quinta, California as follows:
1. That the recitations are true and correct and constitute the findings of the Planning
Commission for this Environmental Assessment.
2. That it does hereby certify Environmental Assessment 96-324 for the reasons set forth in this
Resolution and as stated in the Environmental Assessment Checklist and Addendum on file
in the Community Development Department.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 13th day of August, 1996, by the following vote, to wit:
AYES: Commissioners Anderson, Butler, Gardner, Newkirk, Tyler, Woodard, and Chairman
Abets
NOES: None
ABSENT: None
ABSTAIN: None
ABELS, Chairman
Quinta, California
ATTEST:
Y HE AN, Community Development Director
&La QVinta, California
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CONDITIONS OF APPROVAL -FINAL
CONDITIONAL USE PERMIT 96-027
BOSTON MARKET (BOSTON WEST, L.L.C)
AUGUST 13, 1996
GENERAL CONDITIONS OF APPROVAL
Development of this site shall be in substantial conformance with Exhibits approved and
contained in the file for Conditional Use Permit 96-027, unless amended by the following
conditions.
2. The approved Conditional Use Permit shall be used within one year of City approval date of
August 13, 1996; otherwise, it shall become null and void and of no effect whatsoever. `Be
used" means beginning of substantial construction which is allowed by this approval, not
including grading which has begun within the one year. One year time extensions up to a total
of two extensions may be requested pursuant to City requirements.
An exterior lighting plan for the parking lot area and building shall be approved by the
Community Development Department prior to issuance of a building permit. Lights shall be
designed not to create glare onto adjacent streets and properties. Parking lot lights shall
match style and height of existing lights.
4. The Arts in Public Places fee shall be paid prior to issuance of a building permit.
All required trash and recycling bins and shall comply with the requirements of the City and
Waste Management of the Desert (i.e., solid metal doors mounted on steel posts and
imbedded in concrete with an eight inch high curb provided within the enclosure and with a
concrete pad in front of the enclosure). Prior to issuance of a building permit the applicant
shall provide written verification from the trash company that the trash/recycling enclosure
is large enough to accommodate all required bins and that access is acceptable.
6. Prior to issuance of a building permit, the site plan shall be modified so that the parking space
located northwest of the exit for the drive -through lane adjacent to the front door is removed
and replaced with a ramp for access.
7. All awnings except the awning located on the east elevation of the building underneath the
tower structure shall be of a solid color with no signs. The horizontal stripe around the
building at level of the bottom of the awning shall match color of solid awning. Internal
illumination of the awnings is prohibited, downlights with opaque awnings are allowed. The
solid awning color shall complement the building colors and be approved by the Community
Development Department prior to issuance of a building permit.
CONAPRVL.408
Upon their approval by the City Council, the City Clerk is authorized to file these Conditions
of Approval with the Riverside County Recorder for recordation against the properties to
which they apply.
Prior to the issuance of a grading or building permit for construction of any building or use
contemplated by this approval, the applicant shall obtain permits and/or clearances, if
necessary, from the following public agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District
• Imperial Irrigation District
• California Regional Water Quality Control Board (NPDES Permit)
The applicant is responsible for any requirements of the permits of clearances from those
jurisdictions. If the requirements include approval of improvement plans, applicant shall
furnish proof of said approvals prior to obtaining City approval of the plans.
For projects requiring NPDES construction permits, the applicant shall include a copy of the
application for the Notice of Intent with grading plans submitted for plan checking. Prior to
issuance of a grading or site construction permit, the applicant shall submit a copy of an
approved Storm Water Pollution Protection Plan.
10. 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.
IMPROVEMENT PLANS
11. Site improvement plans submitted to the City for plan checking shall be submitted on 24" x
36" media and shall include grading, hardscape (curbing, paving and walkways), striping and
traffic signs including parking stalls, drainage, and landscaping including walls, fencing,
irrigation and lighting. All plans shall have signature blocks for the City Engineer and are not
approved for construction until they are signed.
12. The City may maintain standard plans, details and/or construction notes for elements of
construction. For a fee established by City resolution, the applicant may acquire standard plan
and/or detail sheets from the City.
GRADING
13. 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,
CONAPRVL.408
La Quinta Municipal Code. In accordance with said Chapter, 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.
14. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances.
The land shall be planted with interim landscaping or provided with other wind and water
erosion control measures approved by the Community Development and Public Works
Departments.
15. A grading plan, which may be combined with the on -site paving and drainage plan, shall be
prepared by a registered civil engineer and must meet the approval of the City Engineer prior
to issuance of a grading permit. The grading plan shall conform with the recommendations
of the soils report for the One Eleven -La Quinta Center development and shall be certified
as adequate by a soils engineer or an engineering geologist.
16. Prior to issuance of any building permit the applicant shall provide a separate document
bearing the seal and signature of a California registered civil engineer, geotechnical engineer,
or surveyor that lists actual building pad elevations. The document shall, for each building
pad in the development, state the pad elevation approved on the grading plan, the as -built
elevation, and shall clearly identify the difference, if any.
DRAINAGE
17. Site drainage shall comply with the approved drainage plan for P.M. 25865.
18. Nuisance water shall be retained in retention basins or other approved retention/infiltration
systems. In design of retention facilities, the soil percolation rate shall be considered to be
zero unless the applicant provides site -specific data that indicates otherwise.
19. If retention is in an open basin, a trickling sand filter and leachfield of a design approved by
the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field
shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area.
20. Retention basin slopes shall not exceed 3:1 and depth shall not exceed six feet.
21. No fence or wall shall be constructed around retention basins except as approved by the
Community Development Director and the City Engineer.
UTILITIES
22. In areas where hardscape surface improvements are planned, underground utilities shall be
installed prior to construction of the surface improvements. The applicant shall provide
CONAPRVL.408
certified reports of utility trench compaction tests for approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
23. Improvement plans for all on -site hardscape and drainage improvements shall be prepared by
a registered civil engineer. Improvements shall be designed and constructed in accordance
with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City
Engineer.
24. Improvements shall include all appurtenances such as traffic signs and channelization and
parking space markings.
Pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall
consider soil strength and anticipated traffic loading, including site and building construction
traffic. The minimum pavement section shall be 3.0"/4.5".
QUALITY ASSURANCE
25. The applicant shall employ construction quality -assurance measures which meet the approval
of the City Engineer.
MAINTENANCE
26. The applicant or applicant's successors in ownership of the property shall ensure perpetual
maintenance of private street and drainage facilities, landscaping, and other improvements
required by these conditions.
FEES AND DEPOSITS
27. The applicant shall pay all deposits and fees required by the City for plan checking and
construction inspection. Deposit and fee amounts shall be those in effect when the applicant
makes application for the plan checks and permits.
28. Within three days after Planning Commission approval, the applicant shall submit to the
Community Development Department a check payable to the County of Riverside for
$1,328.00. This fee shall be forwarded to the Riverside County Clerk's Office for payment
of State -required Fish and Game Fees and administrative handling fee.
LANDSCAPING
29. The final landscaping and irrigation plans shall be submitted to the Community Development
Department for approval prior to issuance of a building permit. Emitter or drip irrigation shall
be used whenever possible.
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30. The landscaping plan shall show replacement of any existing landscaping to be removed. Any
landscaping which is to be relocated (including two date palm trees) shall be shown on final
landscaping plans. All existing landscaping materials and irrigation shall be retained in place
if not removed or replaced if damaged as part of the construction of this project.
31. The parking lot trees shall be 24 inch box size (two inch minimum diameter trunk) Rhus
lancea with foundation planting to match existing parking lot planters. Only purple fountain
grass shall be used.
32. Garden/retaining walls shall be provided adjacent to Highway 1 I 1 and the entry drive on the
west to provide screening of the parking lot, drive -through lane and cars utilizing the drive -
through lane.
33. Parking lot trees shall not be "topped" as part of their maintenance, but shall be allowed to
grow to their natural height.
34. In perpetuity, any landscaping which dies or fails to thrive shall be replaced with the same
plant material within 30 days.
35. In planter area between driveway (Simon Drive) and drive -through lane, a minimum of four
new date palm trees of 15 feet to 18 feet in height shall be planted to match those planted
adjacent to signalized entry near Walmart. Trees shall match the height of existing trees to
the northeast along driveway.
36. Any on -site utility boxes, meters, directional signs, speaker boxes, shall be screened with
landscaping materials and shown on final landscaping plans.
SIGNS
37. Signs on vertical face of awnings shall be eliminated prior to issuance of a sign permit.
38. Drive -through directional signs shall comply with Table 9.9-1 of the Sign Ordinance. Final
sign plans shall be reviewed by the Community Development Department prior to issuance
of a building permit for the signs.
FIRE MARSHAL
39. Provide or show there exists a water system capable of delivering 1500 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.
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40. The required fire flow shall be available form a Super hydrant(s) (6x4" x 2-1/2") located not
less than 25' or more than 165' from any portion of the building(s) as measure along approved
vehicular travel ways.
41. Install panic hardware exit signs as per Chapter 10 of the Uniform Building Code.
42. Install portable fire extinguishers per NFPA, Pamphlet 410, but not less than 2AIOBC in
rating. Contact certified extinguisher company for proper placement of equipment.
43. 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.
44. Install Knox Key Lock boxes, Models 4400, 32300 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 Switch. This form must be authorized and signed by this
office for the correctly coded system to be purchased.
45. 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.
Please contact the Fire Department Planning & Engineering staff for final inspection prior to
occupancy.
All questions regarding the meaning of these conditions should be referred to the Fire
Department Planning & Engineering staff at (619) 863-8886.
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