PCRES 2001-050PLANNING COMMISSION RESOLUTION 2001-050
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA APPROVING
DEVELOPMENT PLANS FOR A DRIVE THRU RESTAURANT
CASE NO.: SITE DEVELOPMENT PERMIT 2001- 698
APPLICANT: JERRY WALKER
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the, 241h day of April, 2001 hold a duly noticed Public Hearing, to review
building elevations, site and landscape plans for a drive-thru restaurant building and
outdoor dining patio of 3,467 square feet, on .53 acres generally located at the
northwest corner of Highway 111 and Washington Street; and
WHEREAS, the Architectural and Landscaping Review Committee (ALRC)
of the City of La Quinta, California did on the 181h day of April, 2001 hold a public
meeting to review building elevations, site and landscape plans for a drive-thru
restaurant building and outdoor dining patio of 3,467 square feet, on .53 acres
generally located at the northwest corner of Highway 111 and Washington Street,
more particularly described as:
PARCEL MAP 29736, PARCEL NO. 1
WHEREAS, said Site Development Permit has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63). The City Council certified Environmental
Assessment 2000-395 for Specific Plan 2000-043, Point Happy Commercial Center.
No changed circumstances or conditions and no new information is proposed which
would trigger the preparation of a subsequent environmental assessment pursuant to
Public Resources Code Section 21166.
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings to justify approval of
said Site Development Permit 2001-698.
1. The proposed commercial building is consistent with the City's General Plan in
that the property is designated Community Commercial (CC). The Land Use
Element (Policy 2-3.1) of the 1992 General Plan Update allows retail business.
The project is consistent with the goals, policies and intent of the La Quinta
General Plan Land Use Element (Chapter 2) provided conditions are met.
2. The proposed project is consistent with the goals and objectives of the Point
Happy Specific Plan in that the project is a permitted use and complies with the
development standards and design guidelines.
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PLANNING COMMISSION RESOLUTION 2001- 050
SITE DEVELOPMENT PERMIT 2001-698 - Adopted
APRIL 24, 2001
3. The proposed commercial buildings are consistent with the City's Zoning Code
in that development standards and criteria contained in the Point Happy Specific
Plan 2000-043 supplement, replace or, are consistent with those in the City's
Zoning Code.
4. The site design of the proposed project is compatible with the commercial
development in the area, and accommodates site generated traffic at area
intersections.
5 The landscape design of the proposed project, as conditioned by the ALRC,
complements the building and the surrounding commercial area in that it
enhances the aesthetic and visual quality of the area and uses a high quality of
materials.
7. The architectural design of the project is compatible with surrounding
development and development in the area in that it is similar in scale to the
development in the area; the building materials are a durable, aesthetically —
pleasing, low maintenance, and a blend of surfaces and textures are provided.
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 constitute the findings of the
Commission in this case;
2. That it does approve Site Development Permit 2001-698 for the reasons set
forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on this the 241" day of April, 2001, by the
following vote, to wit:
AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins
NOES: None
ABSENT: None
ABSTAIN: None
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PLANNING COMMISSION RESOLUTION 2001- 050
SITE DEVELOPMENT PERMIT 2001-698 - Adopted
APRIL 24, 2001
STEVE ROBBINS, Chairman
City of La Quinta, California
ATTEST:
HERMAN, Community Development Director
La Quinta, California
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
GENERAL
1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta
(the "City"), its agents, officers and employees from any claim, action or proceeding
to attack, set aside, void, or annul the approval of this development application or any
application thereunder. The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the subdivider of any claim, action or proceeding and
shall cooperate fully in the defense.
2. Prior to the issuance of a grading, construction 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 Co. Environmental Health Department
• Desert Sands Unified School District
• 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. Projects disturbing 5 or more acres, or smaller projects which are
part of a larger project disturbing 5 or more acres require a project -specific NPDES
permit. The applicant shall submit a copy of the CWQCB acknowledgment of the
applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction
permit. The applicant shall ensure that the required Storm Water Pollution Protection
Plan (SWPPP) is available for inspection at the project site.
PROPERTY RIGHT
3. Prior to issuance of a grading or building permit, the applicant shall acquire or confer
easements and other property rights necessary for construction or proper functioning
of the proposed development.
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
4. Applicant shall comply with the major arterial right of way setback requirement of 20-
feet, as outlined in the General Plan.
5. The applicant shall dedicate easements necessary for placement of and access to
utility lines and structures.
6. The applicant shall vacate abutter's rights of access to public streets from all frontage
except access points described herein.
7. 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.
8. Prior to placement of any privately -owned buildings or other costly structures in the
City's drainage easement along Washington Street, the applicant shall obtain an
encroachment permit for that purpose. The permit will require that in the event the
City finds it necessary to construct, reconstruct or maintain facilities therein; the
applicant shall indemnify the City from expenses exceeding those which would have
been incurred with hardscape or landscaping.
IMPROVEMENT PLANS
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.
9. 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 in the categories of "Rough Grading," "Precise Grading," "Streets &
Drainage," and "Landscaping." Precise grading plans shall have signature blocks for
Community Development Director and the Building Official. All other plans shall have
signature blocks for the City Engineer. Plans are not approved for construction until
they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike paths,
entry drives, gates, and parking lots. "Landscaping" plans shall normally include
irrigation improvements, landscape lighting and entry monuments. "Precise Grading"
plans shall normally include perimeter walls.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
10. 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.
11. When final plans are approved by the City, the applicant shall furnish accurate
AutoCad files of the complete, approved plans on storage media acceptable to the City
Engineer. The files shall utilize standard AutoCad menu items so they may be fully
retrieved into a basic AutoCad program. At the completion of construction and prior
to final acceptance of improvements, the applicant shall update the files to reflect as -
constructed conditions.
If the plans were not produced in AutoCad or a file format which can be converted to
AutoCad, the City Engineer may accept raster -image files of the plans.
GRADING
12. 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.
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, 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.
14. 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.
15. Stormwater handling shall conform with the approved hydrology and drainage plan for
Point Happy Commercial Center, Specific Plan 2000-043. Nuisance water shall be
retained on -site and disposed of in facilities approved by the City Engineer.
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
UTILITIES
16. 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, traffic signal cabinets, electrical vaults, water valves, and telephone stands,
to ensure optimum placement for practical and aesthetic purposes.
17. 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.
STREET AND TRAFFIC IMPROVEMENTS
18. Parking facilities shall conform to the requirements of LQMC Chapter 9.150
19. Improvements shall include appurtenances such as traffic control signs, markings and
other devices.
20. 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).
21. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved by the
City Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
22. The applicant shall submit current mix designs (less than two years old at the time of
construction) for base, asphalt concrete and Portland cement concrete. The submittal
shall include test results for all specimens used in the mix design procedure. For mix
designs over six months old, the submittal shall include recent (less than six months
old at the time of construction) aggregate gradation test results confirming that design
gradations can be achieved in current production. The applicant shall not schedule
construction operations until mix designs are approved.
PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
23. The City will conduct final inspections of homes and other habitable buildings only
when the buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The improvements shall include required traffic control devices,
pavement markings and street name signs. If on -site streets are initially constructed
with partial pavement thickness, the applicant shall complete the pavement prior to
final inspections of the last ten percent of homes within the tract or when directed by
the City, whichever comes first.
LANDSCAPING
24. The applicant shall provide landscaping in required setbacks, retention basins, common
lots, and park areas.
25. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks 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.
26. 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.
ALITY ASSURANCE
27, The applicant shall employ construction quality -assurance measures which meet the
approval of the City Engineer.
28. 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.
29. 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.
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
30. Upon completion of construction, the applicant shall furnish the City reproducible
record drawings of all improvement plans which were signed by the City. Each sheet
shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall
be stamped and signed by the engineer or surveyor certifying to the accuracy of the
drawings. The applicant shall revise the CAD or raster -image files previously
submitted to the City to reflect as -constructed conditions.
MAINTENANCE
31. The applicant shall make provisions for continuous, perpetual maintenance of all on -
site improvements, perimeter landscaping, access drives, and sidewalks. The
applicant shall maintain required public improvements until expressly released from this
responsibility by the appropriate public agency.
FEES AND DEPOSITS
32. 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.
FIRE MARSHAL
33. Provide or show there exists a water system capable of delivering 1500 gpm for a 2-
hour duration at 20 psi residual pressure which must be available before any
combustible material is placed on the job site.
34. The required fire flow shall be available from a Super fire hydrant(s) (6" x 4" x 2-1/2"x
2-1 /2") located not less than 25-feet, or more than 165-feet, from any portion of the
building(s) as measured along approved vehicular travel ways.
35. Blue retro-reflective shall be placed in the street 8 inches from centerline to the side
that the fire hydrant is on, to identify the fire hydrant locations.
36. The required water system including fire hydrants shall be installed and operational
prior to the start of construction.
37. Install portable fire hydrants per NFPA, pamphlet #10, but not less than 2A10BC in
rating.
38. A U.L. 300 hood duct fire extinguishing system must be installed over the cooking
equipment. The wet chemical extinguishing system must provide automatic
shutdown of all gas and electrical components and outlets under the hood upon
activation. Plans must be submitted to the Fire Department for review and approval
prior to installation.
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PLANNING COMMISSION RESOLUTION 2001-050
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-698
APRIL 24, 2001
39. Install a KNOX key lock box, model 4400,3200, or 1300. Key lock box is to be
installed, to the right side of the front door, six feet from top of box to finished grade.
Special forms are available from the Fire Department for the ordering of KNOX
equipment, this form must be authorized and signed by the Fire Department for the
correctly coded system to be purchased.
MISCELLANEOUS
40. Prior to issuance of a building permit, the landscape plan shall be revised to include
a metal vertical landscaped trellis mounted to the wall on the south elevation.
41, Prior to issuance of a sign permit, the applicant shall specify opaque material for the
red vinyl background on both sides of all directional signs.
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