PCRES 2001-116PLANNING COMMISSION RESOLUTION 200 - 116
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA APPROVING
DEVELOPMENT PLANS FOR A RESTAURANT
CASE NO.: SITE DEVELOPMENT PERMIT 2001-705
APPLICANT: MARY T. DELGATO
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the, 11`h day of September, 2001 hold a duly noticed Public Hearing, to review
building elevations, site and landscape plans for a restaurant building and outdoor
dining patio of 9,160 square feet, on 1.04 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 5th day of September, 2001 hold a
public meeting to review building elevations, site and landscape plans for a restaurant
building and outdoor dining patio of 11,814 square feet, on 1.04 acres generally
located at the northwest corner of Highway 111 and Washington Street, more
particularly described as:
PARCEL MAP 29736, PARCEL NO. 3
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 2001-705.
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.
AAadopted PC RESO. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11. 2001
3. The proposed restaurant/commercial building is 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
commercial buildings and development in the general vicinity in that it is similar
in scale; the building materials provided are a durable, aesthetically pleasing,
low maintenance, with a blend of surfaces and textures.
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 2001-705 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 111h day of September, 2001, by
the following vote, to wit:
AYES: Commissioners Robbins, Butler, Kirk, Tyler, and Chairman Abels
NOES: None
ABSENT: None
ABSTAIN: None
A:\adopted PC RESO. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001-116
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11. 2001
QU�ABELS, Chairman
of Quinta, California
ATTEST:
HERM$N, Community Development Director
La Quinta, California
AAadopted PC RESO. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 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 site development plan. The City
shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant 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. For projects requiring project -specific NPDES construction permits,
the applicant shall submit a copy of the CWQCB 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.
3. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the time
of issuance of building permit(s).
AAadopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
4. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and
other property rights required of this approval or otherwise necessary for construction
or proper functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for emergency
services and for maintenance, construction, and reconstruction of essential
improvements.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
RM091YI9Jilg01i»_\O 1
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.
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
10. 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.
11. 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.
12. 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.
13. 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
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
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.
14. 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.
15, 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.
16. 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.
17. 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.
18. Prior to issuance of building permit(s), 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.
DRAINAGE
The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the
following:
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11. 2001
19. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the
design storm) shall be retained within the development as per the approved
hydrology/storm drainage for Specific Plan 2000-043 or unless otherwise approved
by the City Engineer. The tributary drainage area shall extend to the centerline of
adjacent public streets.
20. If the applicant proposes discharge of stormwater directly or indirectly to the
Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the
costs of any sampling and testing of the development's drainage discharge which may
be required under the City's NPDES Permit or other City- or area -wide pollution
prevention program, and for any other obligations and/or expenses which may arise
from such discharge. The indemnification shall be executed and furnished to the City
prior to issuance of any grading, construction or building permit and shall be binding
on all heirs, executors, administrators, assigns, and successors in interest in the land
within this development plan excepting therefrom those portions required to be
dedicated or deeded for public use. The form of the indemnification shall be
acceptable to the City Attorney. If such discharge is approved for this development,
the applicant shall make provisions in the CC&Rs for meeting these potential
obligations.
UTILITIES
21. 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.
22. Existing aerial lines within or adjacent to the proposed development and all proposed
utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt
from this requirement.
23. 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
24. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integrate with existing improvements (e.g., grading;
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
traffic control devices and transitions in alignment, elevation or dimensions of streets
and sidewalks).
25. 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.
26. Streets shall have vertical curbs or other approved curb configurations which convey
water without ponding and provide lateral containment of dust and residue for street
sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall
be vertical (1/8" batter) and a minimum of 0.1' in height. Unused curb cuts on any
lot shall be restored to normal curbing prior to final inspection of permanent building(s)
on the lot.
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
Collector
Secondary Arterial
Primary Arterial
Major Arterial
3.0" a.c./4.50" c.a.b.
4.0"/5.00"
4.0"/6.00"
4.5"/6.00"
5.5"/6.50"
28. 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.
29. The City will conduct final inspections 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.
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
30. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
31. 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.
32. 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.
QUALITY ASSURANCE
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.
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.
36. 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
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
drawings. The applicant shall revise the CAD or raster -image files previously
submitted to the City to reflect as -constructed conditions.
MAINTENANCE
37. 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
38. 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 MARSHALL
39. Blue dot reflectors shall be place in the street 8 inches from centerline to the side that
the fire hydrant is on, to identify the fire hydrant locations.
40. Minimum fire flow 1500 GPM for a 2-duration. Fire flow is based on type VN
construction and complete fire sprinkler system.
41, City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to
be fully sprinkled NFPA 13 standard.
42. Approved super hydrants, shall be located not less than 25 feet nor more than 165
feet from any portion of the building as measured along vehicular travel ways.
43. Post Indicator Valve (PIV) and Fire Department Connection (FDC) shall not be closer
than 15 feet not more than 50 feet from an approved super hydrant.
44. The required water system, including fire hydrants, shall be installed and accepted by
the appropriate water agency prior to any combustible building material being placed
on an individual lot.
A:\adopted COA.PC. SDP2001-705.wpd
PLANNING COMMISSION RESOLUTION 2001- 116
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2001-705
SEPTEMBER 11, 2001
45. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
46. Install a Rapid Entry (KNOX) key box. (Contact the Fire Department for an application.)
47. Install portable fire extinguishers, in cabinets.
48. Submit Building, Sprinkler, Water, and Hood/Duct plans to the Fire Department for
plan check.
MISCELLANEOUS
49. A flat tile roof shall be required unless the Point Happy Specific Plan 2000-043 is
amended to allow barrel roof tile.
50. The location of the man door, which leads restaurant employees to go directly out to
the Highway 111 landscape setback, shall be changed to the west side of the building
which would lead the employees to the pedestrian walkway between the restaurant
building and the building to the west.
A:\adopted COA.PC. SDP2001-705.wpd