PCRES 2001-001PLANNING COMMISSION RESOLUTION 2001-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT OF A 2,869 SQUARE FOOT FAST FOOD
RESTAURANT WITH DRIVE -THROUGH LANE LOCATED AT
THE NORTHWEST CORNER OF HIGHWAY 111 AND
DEPOT WAY ON APPROXIMATELY 0.9 ACRES
CASE NO.: SITE DEVELOPMENT PERMIT 2000-687
APPLICANT: LYONS, WARREN & ASSOC., INC. FOR JACK IN THE BOX
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 91" day of January, 2001, hold duly noticed Public Hearing to consider the
request of Lyon, Warren and Associates to develop a 2,869 square foot Jack in the
Box restaurant with drive -through lane in the Regional Commercial (CR) Zone on
approximately 0.9 acres at the northwest corner of Highway 111 and Depot Way
within the Jefferson Plaza Shopping Center (Specific Plan 96-027), more particularly
described as:
Being Lot 1 of Parcel Map No. 28573 within a portion of Section 29, TSS, RSE,
San Bernardino Meridian (Assessor's Parcel No.: 649-020-037); Pad #1 of
Phase 2 of SP 96-027
WHEREAS, the Architectural and Landscape Review Committee of the
City of La Quinta, California, did on the 3rd day of 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, 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). No further environmental review
is necessary. No changed circumstances or conditions are proposed that would trigger
the preparation of a subsequent environmental review per Public Resources Code
Section 21166; 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 2000-687:
resopcsdp687 Jack/Box - 45gt - Page t
Planning Commission Resolution 2001-001
Site Development Permit 2000-687 - Jack in the Box Restaurant
January 9, 2001
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 are
complied with.
2. A Mitigated Negative Declaration (Environmental Assessment 96-325) was
certified for Specific Plan 96-027 in 1996. No changed circumstances are
proposed that 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.
The proposed plant palette is consistent with Specific Plan 96-027 and the
Highway 1 1 1 Design Guidelines as conditioned.
6. The sign program is consistent with Chapter 9.160 of the Municipal Code, and
proposes common design elements.
resopcsdp687 Jack/Box - 45gt - Page 2
Planning Commission Resolution 2001-001
Site Development Permit 2000-687 - lack in the Box Restaurant
January 9, 2001
The south and east facing corporate ID signs are compatible with the
architectural elements of the building and proportionally suited, complying the
adopted Sign Program for Jefferson Plaza.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of La Quinta, California, as follows:
1 . 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
2000-687 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 9`h day of January, 2001, by the following
vote, to wit:
AYES: Chairman Robbins and Commissioners Butler, Tyler, and Kirk
NOES: None
ABSENT: Commissioner Abels
ABSTAIN: None C //
1 I '
STEVE ROBBINS, Chairman
City of La Quinta, California
ATTEST:
JERRY HERM N, Community Development Director
City/of La Quinta, California
resopcsdp687 Jack/Box - 45gt - Page 3
PLANNING COMMISSION RESOLUTION 2001-001
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2000-687
JACK IN THE BOX RESTAURANT
JANUARY 9, 2001
CONDITIONS OF APPROVAL
GENERAL
1 . Upon approval by the Planning Commission, 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 property with Riverside County.
2. The Site Development Permit shall be used (beginning of construction) by
January 9, 2002, pursuant to Section 9.200.080 of the Municipal Zoning Code,
unless a one year time extension is granted, prior to expiration.
3. The proposed restaurant development shall comply with all applicable conditions
of Specific Plan 96-027.
4. Parking lot light standards shall match those 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, 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 (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (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 said approvals prior to obtaining City
approval of the plans.
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
COND PC SDP 876 - 45gr Page 1
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9,2001
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.
7. The applicant shall vacate abutter's rights of access to public streets from all
frontage along the streets and properties except access drives described 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 IID.
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.
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.
COND PC SDP 876 - 45gt Page 2
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9, 2001
13. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and landscape architects, as appropriate. Plans shall be
submitted on 24" x 36" media.
G RAD NG
14. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard
Regulations). If any portion of any proposed building lot in the development is
or may be located within a flood hazard area as identified on the City's Flood
Insurance Rate Maps, the development shall be graded to ensure that all floors
and exterior fill (at the foundation) are above the level of the project (100-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 that the above conditions have been
met.
15. Prior to issuance of a grading permit, the applicant shall furnish a preliminary
geotechnical ("soils") report and an approved grading plan prepared by a
qualified engineer. The grading plan shall conform with the recommendations
of the soils report and be certified as adequate 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 pursuant to Section 17953 of the Health
and Safety Code.
16. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape
areas outside the right of way unless otherwise approved by the City Engineer.
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.
COND PC SDP 876 - 45gt Page 3
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9,2001
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.
UTILITIES
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.
24. Utilities shall be installed prior to overlying hardscape. For installation of utilities
in existing, improved streets, the applicant shall comply with trench restoration
requirements maintained or required by the City Engineer. The applicant shall
provide certified reports of trench compaction for approval of the City Engineer.
STTiEET AND_TAAF_FLC__JM-PROVEMENTS
25. Parking lot design shall conform with the City's Off -Street parking Ordinance as
delineated in Chapter 9.150 of the LQMC.
26. The applicant may be required to extend improvements beyond development
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).
COND PC SDP 876 - 45gt Page 4
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9, 2001
27. The applicant shall design street pavement sections using Caltrans' design
procedure (20-year life) and site -specific data for soil strength and anticipated
traffic loading (including construction traffic). Minimum structural sections shall
be as follows (or approved equivalents for alternate materials):
Residential & Parking Areas 3.0" a.c./4.50" c.a.b.
LANaSLAP-1_NG
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 approval by the Community Development
Department prior to plan checking by the Public Works Department. When plan
checking is complete, the applicant shall obtain 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 irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn
or spray irrigation within 18 inches of curbs along public streets.
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
COND PC SDP 876 - 45gt Page 5
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9,2001
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 1 1 1 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
1 1 1, 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.
G. A low 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).
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.
COND PC SDP 876 - 45gt Page 6
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9, 2001
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.
MAINLT-ENANCE
36. The applicant shall make provisions for continuous, perpetual maintenance of
all on -site improvements, perimeter landscaping, access drives, and sidewalks.
FEES AND DEPO,9ALS
37. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
3& Prior to on -site grading or building permit issuance, Fringe -toed Lizard mitigation
fees shall be paid to the City (i.e., $600.00/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.
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:
A. Directional signs for the drive -through lane shall be limited 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.
nnNn Pr' AMP SM - 45vr Page 7
Planning Commission Resolution 2001-001
Site Development Permit 2000-687
Jack in the Box Restaurant
January 9, 2001
FIRE_MA L9HAL
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: "I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
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.
MI S C ELLANE-O US
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 1 1 1 parkway and on -site
shall be repaired and/or replaced prior to a final inspection.
COND PC SDP 876 - 45gt Page 8