PCRES 1997-054PLANNING COMMISSION RESOLUTION 97-054
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT OF A 2,816 SQUARE FOOT FAST FOOD
RESTAURANT WITH DRIVE -THROUGH LANE ON THE
NORTH SIDE OF HIGHWAY 111, 765 FEET WEST OF
JEFFERSON STREET
CASE NO.: SITE DEVELOPMENT PERMIT 97-606
APPLICANT: HOME DEPOT, USA, INC. (JACK IN THE BOX)
WHEREAS, the Planning Commission of the City of La Quinta, California, did on the
24" day of June, and 22n' day of July, 1997, hold duly noticed Public Hearings to consider the
request of Home Depot, USA, Inc. for a 2,816 square foot restaurant (Jack in the Box) in the
Regional Commercial Zone within Jefferson Plaza Shopping Center, more particularly described as:
Being a subdivision of a portion of the northeast quarter of Section 29, T5S, R5E, S.B.B. M.
(Parcel 2 of Certificate of Compliance recorded October 22, 1996, as instrument No. 404708
of Official Records of Riverside County); APN: 649-020-022 (Portion)
WHEREAS, said Site Development Permit request complies with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by
Resolution 83-68, in that a Negative Declaration of Environmental Impact (EA 96-325) was certified
by the City Council under Resolution 96-71 for the Jefferson Plaza Shopping Center on September
17, 1996 (i.e., Specific Plan 96-027 and Conditional Use Permit 96-028). Therefore, no further
environmental review is necessary for Site Development Permit 97-606 because the building site was
analyzed for environmental impacts including an Air Quality Analysis under EA 96-325, 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,
findings, and reasons to justify approval of Site Development Permit 97-606:
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 non-residential overlay. This designation provides for commercial uses
including restaurants as is proposed. The development of the site with a restaurant with
drive -through lane is consistent with the other applicable elements such as the Circulation
Element, Environmental Conservation (Archaeological, Water Conservation and Arts in
Public Places policies), Infrastructure and Public Services Element, Environmental Hazards
Element, and Air Quality Element and the provisions of Specific Plan 96-027 and the Zoning
Code. The subject property as well as the adjacent properties are zoned for commercial uses.
Therefore, development of the subject property with commercial uses will be compatible with
adjacent properties provided the applicable Conditions as recommended by staff are complied
with.
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Planning Cotmnission Resolution 97-054
Site Development Pennit 97-606
Jack in the Box Restaurant
2. The project is in compliance with the requirements of the California Environmental Quality
Act.
The applicant has submit an Air Quality Study for the project as required by EA 96-325
(previously certified on September 17, 1996) to determine if drive -through lanes for fast food
restaurants have a greater impact on the environment than restaurants without drive -through
lanes. The study concludes that the development of a sit down fast food restaurant verses fast
food restaurant with drive -through lane generally have the same overall air quality impacts
from mobile sources (i.e., vehicle emissions). Thus, the development of the project is
acceptable.
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
Home Depot building in Phase I of Jefferson Plaza. The "L" shaped building provides
interesting building elevations and tower elements have been included to accentuate the
facades. Materials used are primarily stucco with flat tile roofing. A desert colors scheme
has been chosen for the project. The proposed project will not create any conditions which
are materially detrimental to the public health, safety, and general welfare of the City's
citizens. The proposed Conditions ensure architectural compatibility between this project
and the under construction Home Depot building and SP 96-027.
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.
This pad site was designated for development under SP 96-027. The site has access to the
parking areas proposed with Phases I and II of Jefferson Plaza, but not direct access to
Highway 111, a major thoroughfare. Parking for this site is proposed on the west and north
sides of the building. The parking lot, as designed, complies with the required design
standards of the City. The project design, along with the recommended Conditions, assures
required design standards are met.
5. The landscaping for the project has been designed to comply with the design parameters of
Specific Plan 96-027.
Parking lot trees and perimeter site landscaping are proposed to provide shading and
complement the building facades. Landscape berming is proposed along the south side of the
drive -through lane to reduce the view of the automobiles waiting in the drive through lane
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Planning Commnission Resolution 97-054
Site Development Permit 97-606
Jack in the Box Restaurant
6. The sign program is consistent with Chapter 9.160 of the Municipal Code, and proposes
common design elements.
An adjustment for the freestanding menu board sign is warranted because it assists patrons
who are ordering food in the drive -through lane. The sign is located so that it will be hidden
behind a four -foot high landscape berm, and amplification equipment is allowed under
Chapter 9.150 (Parking) of the Municipal Code. The building signs are consistent with the
Sign Program for Phase II of Jefferson Plaza (Sign Permit 97-383) as Conditioned.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La
Quinta, California, as follows:
l . That the above recitations are true and correct and constitute the findings of the Planning
Commission in this case,
2. That the Planning Commission does hereby approve Site Development Permit 97-606 because
it is in compliance with the provisions of Specific Plan 96-027 and the Municipal Code.
3. That the project has been assessed under EA 96-325 for which a Mitigated Negative
Declaration has been certified, and the mitigation measures identified are hereby required to
be met.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 22nd day of July, 1997, by the following vote, to wit:
AYES: Commissioners Abels, Gardner, Kirk, Seaton, Woodard and Chairman Butler.
NOES: None.
ABSENT: Commissioner Tyler.
ABSTAIN: None. p
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
Development Director
La Quinta, California
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PLANNING COMMISSION RESOLUTION 97-054
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 97-606 (JACK IN THE BOX RESTAURANT)
JULY 22, 1997
Modified by the Planning Commission on July 22, 1997
GENERAL CONDITIONS OF APPROVAL
Within 24 months of approval, the site development permit shall be used (beginning of
construction) pursuant to Section 9.200.080 of the Municipal Code unless a one year time
extension is granted, prior to expiration.
The proposed restaurant development shall comply with all applicable Conditions of Specific
Plan 96-027.
Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans
shall be approved by the Community Development Department prior to issuance of building
permits. All exterior lighting shall be down shining and provided with shielding to screen
glare from adjacent streets to the satisfaction of the Community Development and Building
and Safety Departments. Parking lot light standards shall match those used in Phase 1.
4. Plan for adequate trash recycling provisions for the restaurant shall be approved by the
Community Development Department prior to Building Permit issuance. Plan to be reviewed
for acceptability by applicable trash company prior to City review.
5. Prior to issuance of any grading or building permits, or ground disturbance, mitigation
measures as required by EA 96-325 shall be met.
6. Upon approval, 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.
7. Prior to the issuance of a grading, improvement or building permit, the applicant shall obtain
permits and/or clearances 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)
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Planning Commission Resolution 97-054
Site Development Permit 97-606 (JACK IN THE BOX)
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 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.
8. 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.
9. Handicap access, facilities and parking shall be provided per State and local requirements.
10. Construction shall comply with all local and State building code requirements as determined
by the Building and Safety Director.
11. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written
report to the Community Development Director demonstrating compliance with those
Conditions of Approval and mitigation measures of SP 96-027, SDP 97-606 and EA 96-325
which must be satisfied prior to the issuance of a grading permit. The Community
Development Director may require inspection or other monitoring to assure such compliance.
IMPROVEMENT PLANS
12. Site improvements plans shall be submitted to the City on 24"X 36" media for plan checking.
The plans shall indicate all site improvements including buildings, trash enclosures, grading,
pavement, drainage, and landscaping and shall have signature blocks for the City Engineer.
Plans are not approved for construction until they are signed.
13. Paving plans shall include striping, curbing, pavement markings, signs, and other vehicle and
pedestrian traffic improvements.
If water and sewer plans are included on the site plans, the plans shall also have signature
blocks for the Coachella Valley Water District (CVWD). The combined plans shall be signed
by the CVWD prior to their submittal for the City Engineer's signature.
Landscaping plans shall normally include landscape improvements, irrigation, landscaping and
lighting, and other improvements to or within landscape areas.
14. 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.
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Planning Commission Resolution 97-054
Site Development Permit 97-606 (JACK IN THE BOX)
GRADING
15. Graded, 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.
16. The applicant shall comply with the City's Flood Protection Ordinance
17. The applicant shall conduct a thorough preliminary geological and soils engineering
investigation and shall submit the report of the investigation ("the soils report") with the
grading plan.
I & 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 and shall be certified as adequate by a soils engineer or an engineering
geologist.
19. Prior to construction of any building, the applicant shall provide a separate document, bearing
the seal and signature of a California registered civil engineer or surveyor, that lists actual
building pad elevations. The document shall list the pad elevation approved on the grading
plan, the as -built elevation, and the difference between the two, if any.
DRAINAGE
20. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be
retained within the development unless drainage to the Whitewater Storm Channel is
approved by CVWD. The tributary drainage area shall extend to the centerline of public
streets adjacent to the development.
21. Nuisance water (and storm water if drainage to the Whitewater Channel is not approved) shall
be retained in a retention basin(s) or other approved retention/infiltration system(s). 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.
22. 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.
UTILITIES
23. All existing and proposed utilities within or adjacent to the proposed development shall be
installed underground. High -voltage power lines which the power authority will not accept
underground are exempt from this requirement.
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Site Development Permit 97-606 (JACK IN THE BOX)
24. In areas where hardscape surface improvements are planned, underground utilities shall be
installed prior to construction of surface improvements. The applicant shall provide certified
reports of utility trench compaction tests for approval of the City Engineer.
HARDSCAPE
25. Pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil
strength and anticipated traffic loading (including site and building construction traffic). The
minimum pavement section for on -site paving shall be 3.0" a.c./4.50" a.b.
26. The applicant shall submit designs for road base, Portland cement concrete and asphalt
concrete, including complete mix design lab results, for review and approval by the City.
Construction operations shall not be scheduled until mix designs are approved.
LANDSCAPING
27. The applicant shall provide landscape improvements in the perimeter setback area along
Highway 111. Improvements shall match those of Phase 1.
28.* Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and
retention basins shall be prepared by a licensed landscape architect.
Landscape and irrigation plans shall be approved by the
Planning Commission. Landscape and irrigation construction plans shall be submitted to the
Public Works Department for review and approval by the City Engineer. The plans are not
approved for construction until they have been approved and signed by the City Engineer,
the Coachella Valley Water District, and the Riverside County Agricultural Commissioner.
29. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the
right of way.
30. Landscape areas shall have permanent irrigation improvements meeting the requirements of
the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-
feet of curbs along public streets.
31. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide
visual screening of above -ground utility structures.
32. Parking lot shading as required by Municipal Code (Chapter 9.150) shall be provided. Plans
showing compliance with shading requirements shall be submitted prior to issuance of a
building permit to verify compliance.
33. Landscape materials shall be maintained as planted in perpetuity. Any dead or missing
landscaping shall be replaced within 30 days.
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Planning Commission Resolution 97-054
Site Development Permit 97-606 (JACK IN THE BOX)
34. Landscaping within the shopping center shall be commonly maintained under a single
maintenance contract. Prior to issuance of a building permit, a common area maintenance
association or other similar body shall be established to insure compliance with this
requirement. Required agreement or CC & R's shall be reviewed for this purpose by the
Community Development Department prior to issuance of a building permit.
35.* Prior to issuances of any building permits, the applicant shall submit to the Eorrmmrity
Planning Commission for review and approval a plan (or plans)
showing the following:
A. Landscaping, including plant types, sizes, spacing, locations, and irrigation system for
all landscape areas. Desert or native plant species and drought resistant planting
materials shall be incorporated into the landscape plan.
B. Location and design detail of any proposed and/or required walls.
C. Parking lot trees shall be 24" box tree or large with 2-1/2" to 3" diameter trunks
D. The drive -through lane and parking lot shall be screened by using a combination of
berms, walls, and landscaping so that the cars or sign will not be visible by pedestrians
and cars on the perimeter sidewalk and street. A barrier height of 48-inches above the
curb height of the drive -through lane shall be achieved. Landscaping hedges shall be
of a kind or used in such a manner so as to provide screening with a minimum
thickness of two feet within 12 months after initial installation.
E. All shrubs shall be five gallon unless used for groundcover.
CONSTRUCTION
36. Upon completion of construction, the applicant shall furnish the City reproducible record
drawings of all plans which were signed by the City Engineer. Each sheet of the drawings
shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on
each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy
of the drawings. The applicant shall revise the improvement plan computer files previously
submitted to the City to reflect the as -constructed condition.
37. Site work shall be performed only after the applicant has obtained an encroachment permit
for the work.
FEES AND DEPOSITS
38. 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
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Planning Commission Resolution 97-054
Site Development Permit 97-606 (JACK IN THE BOX)
makes application for plan checking and permits.
39. Provide or show there exists a water system capable of delivering 1,500 g.p.m. for a 2-hour
duration at 20 psi residual operating pressure which must be available before any combustible
material is placed on the job site.
40. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2") located
not less than 25' or more than 165' from any portion of the building as measured along
approved vehicular travel ways.
41. Blue retro-reflective pavement markets shall be mounted on private streets, public streets and
driveways to indicate location of fire hydrants. Prior to installation, placement of markers
must be approved by the Riverside County Fire Department.
42. 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. 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: `7 certify that the design of the water system is in accordance with
the requirements prescribed by the Riverside County Fire Department ".
43. Install panic hardware exit signs as per Chapter 10 of the Uniform Building Code.
44. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AIOBC in
rating. Contact certified extinguisher company for proper placement of equipment.
45. 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.
46. Install Knox Key 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 the
Riverside County Fire Department for ordering of the Key Switch. The form must be
authorized and signed by office personnel for the correctly coded system to be purchased.
47. 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. All questions
regarding the meaning of these conditions should be referred to the Fire Department Planning
and Engineering staff at (760) 863-8886.
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Planning Commission Resolution 97-054
Site Development Permit 97-606 (JACK IN THE BOX)
ARCHITECTURAL AND SIGN REQUIREMENTS
48. Prior to issuance of building or sign permits for Jack in the Box, the following modifications
shall be made:
a. The shade structure of the east side of the building over the drive -through lane shall
be extended a minimum of eight feet out from the building wall to provide adequate
shading of vehicles waiting at the service window as required by Section
9.150.080(J5) of the Municipal Code.
b.* All signs on the tower elements of the building shall be placed so that the area
between the building wall and each side of the sign(s) is equal in length. The sign of
C.* One freestanding menu -board sign is permitted provided it is screened by using a
minimum four -foot high berm with landscaping. The size of the sign shall be 32
square feet and not exceed 6-feet in overall height.
d. All roof and wall mounted mechanical -type equipment shall be installed or screened
with architecturally compatible material so as not to be visible from surrounding
buildings in the center and Highway I I I to the satisfaction of the Community
Development Director. Working drawings showing all proposed equipment and how
they will be screened shall be submitted and approved prior to issuance of a building
permit.
e. The number, design and location of the directional signs shall be approved by the
Community Development Director. Each directional sign shall not exceed three
square feet in size.
POLICE DEPARTMENT
49. Exterior lighting shall be adequate to ensure the safety of patrons or workers after dusk.
50. All exterior doors shall have industrial quality key and latch system locks. Deadbolt locks are
encouraged.
51. Delivery doors shall be equipped with a peephole for delivery identification purposes.
52. Product displays shall not block windows to ensure internal visibility of the restaurant by
patrol personnel.
53. Loading areas shall be designed to ensure that parking aisles or on -site parking areas in the
immediate area are not impacted by deliveries during normal business hours.
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54. Building address numbers shall be eight inches tall (or larger) and be contrasting in color to
the building color.
55. Exterior areas for deliveries should be monitored by closed circuit remote cameras to
discourage criminal activities.
MISCELLANEOUS
56. Prior to on -site grading, Fringe -toed Lizard mitigation fees shall be paid to the City (i.e.,
$600.00/acre).
57. 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.
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