PCRES 2003-025PLANNING COMMISSION RESOLUTION 2003-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
DEVELOPMENT PLANS FOR A ±5,250 SQUARE FOOT
COMMERCIAL RESTAURANT BUILDING
SITE DEVELOPMENT PERMIT 2002-763
PAUL AND BOBBIE JEAN KOURI
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 22Id day of April, 2003, consider a Site Development Permit application for
a ±5,250 square -foot commercial restaurant building, located near the southeast
corner of Avenue 47 and Washington Street and more particularly described as:
PARCEL 11 OF PARCEL MAP 29889
WHEREAS, said Site Development Permit application has complied with
the requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63), in that the Community Development
Department has determined that the proposed Site Development Permit is exempt from
CEQA review under Guidelines Section 15332 (Infill Development); and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said Site
Development Permit:
1. The proposed Site Development Permit is consistent with the La Quinta General
Plan, as it will be developed in a manner consistent with the General Plan Land
Use designation of Community Commercial and other current City standards
when considering the conditions to be imposed.
2. The proposed Site Development Permit is consistent with the La Quinta Zoning
Code and Specific Plan 2000-049, as the project contemplates land uses that
are substantially equivalent to those permitted under existing Regional
Commercial zoning, and which were previously addressed in the EIR certified for
the General Plan and approved under Specific Plan 2000-049. Specifically,
development of existing CR land is considered to implement zoning consistency
with the General Plan.
3. The proposed Site Development Permit complies with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as
amended (City Council Resolution 83-63), as it has been determined that the
Site Development Permit is exempt from CEQA review under Guidelines Section
15332 Ilnfill Development), and that a Notice of Exemption should be filed.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
April 22, 2003
4. The architectural design aspects of the proposed Site Development Permit will
be compatible with and not detrimental to surrounding development in the Lake
La Quinta tract, the approved Specific Plan 2000-049, and with the overall
design quality prevalent in the City.
5. The site design aspects of the proposed Site Development Permit will be
compatible with and not detrimental to surrounding development in the Lake La
Quinta tract, the approved Specific Plan 2000-049 and with the overall design
quality prevalent in the City.
6. The project landscaping for the proposed Site Development Permit has been
designed to unify and enhance visual continuity of the proposed project with the
surrounding development, and is consistent with the landscape concept
approved for Specific Plan 2000-049.
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 Planning
Commission in this case;
2. That it does hereby approve Site Development Permit 2002-757 for the reasons
set forth in this Resolution and subject to the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on this the 22nd day of April, 2003, by the
following vote, to wit:
AYES: Commissioners Abels, Krik, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
April 22, 2003
ATTEST:
JERRY-HERMAW Community Development Director
City of Ua Quinta, California
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PLANNING COMMISSION RESOLUTION 2003-025 EXHIBIT "A"
CONDITIONS OF APPROVAL - ADOPTED
SITE DEVELOPMENT PERMIT 2002-763
PAUL AND BOBBIE JEAN KOURI
APRIL 22, 2003
1. Site Development Permit 2002-763 (SDP 2002-763) shall be developed in
compliance with these conditions and all approved site plan, elevation, color,
materials and other approved exhibits submitted for this application, and any
subsequent amendment(s). In the event of any conflicts between these
conditions and the provisions of SDP 2002-763 the conditions shall take
precedence.
2. SDP 2002-763 shall comply with all applicable conditions and/or mitigation
measures for the following related approvals:
• Environmental Assessment 2000-405
• Specific Plan 2000-049
• Tentative Parcel Map 29889
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Community Development Director shall determine
precedence.
3. This approval shall expire two years after it's effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant
to the provisions of Section 9.200.080.
4. 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.
5. Prior to the issuance of a grading, construction or building permit, the applicant
shall obtain permits and/or clearances from the following public agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
• La Quinta Public Works Department (Grading/
Improvement/Encroachment Permits)
• La Quinta Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• Waste Management of the Desert
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.
6. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall generally
conform with the approved exhibits for SDP 2003-763. Applicant shall prepare
a precise grading plan to show that transitional improvements between the
building and parking areas comply with ADA requirements and City standards.
One additional handicap space shall be provided on the west side of the building.
7. All aspects of this project (plan preparation, all construction phases, operations,
etc.) shall be subject to and comply with the adopted Mitigation Monitoring
Program and Negative Declaration (EA 2000-405), as certified by the La Quinta
City Council on April 17, 2001.
8. All parking area civil plans and improvements shall be developed in accordance
with the standards set forth in applicable portions of Section 9.150.080 of the
Zoning Code.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
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. The following improvement plans shall be prepared under the direct supervision of
qualified engineers, architects and landscape architects, as appropriate, and
submitted for review and approved by the City. A separate set of plans for each line
item specified below shall be prepared. The plans shall utilize the scale specified,
unless otherwise authorized by the City Engineer in writing. Note, the applicant may
be required to prepare other improvement plans not listed here pursuant to
improvements required by other agencies and utility purveyors.
A. On -Site Development Plan: 1" = 40' Horizontal
B. On -Site Landscape Plan: 1" = 20' Horizontal
"Site Development Plans" shall normally include all surface improvements, including
but not limited to: parking layout, finish grades, curbs & gutters, sidewalks, ADA
requirements, retaining and perimeter walls, etc. "Landscaping" plans shall normally
include irrigation improvements, landscape lighting and entry monuments.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
The applicant shall prepare an accessibility assessment on a marked up print of the
building floor plan identifying every building egress and notes the 2001 California
Building Code accessibility requirements associated with each door. The assessment
must comply with submittal requirements of the Building & Safety Department. A copy
of the reviewed assessment shall be submitted to the Engineering Department in
conjunction with the Site Development Plan when it is submitted for plan checking.
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 purchase such standard plans, detail sheets and/or construction notes 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.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
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.
12. Applicant shall comply with the following requirements of the Fire Marshal:
A. Approved super fire hydrants be located not less than 25 feet nor more than
165 feet from any portion of the buildings as measured along vehicular
travel ways.
B. Blue dot reflectors shall be placed in the street 8 inches from centerline to
the side that the fire hydrant is on, to identify fire hydrant locations.
C. Fire Department connections shall be not less than 25 feet nor more than
50 feet from a fire hydrant and shall be located on the street side of the
buildings.
D. Building plans shall be submitted to the Fire Department for plan review to
run concurrent with the City plan check.
E. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be
submitted to the Fire Department for approval prior to issuance of a building
permit.
F. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft.
or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need
to be submitted to the Fire Department.
G. 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.
H. Fire Department street access shall come to within 150 feet of all portions
of the 1" floor of all buildings, by path of exterior travel.
I. Any commercial operation that produces grease -laden vapors will require a
Hood/duct system for fire protection. Hood/duct fire system plans will need
to be submitted.
J. Install a KNOX key box on the building. Contact the fire department for an
application.
K. Install portable fire extinguishers as required by the California Fire Code.
13. 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.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
14. 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. The applicant shall maintain all open graded,
undeveloped land in order to prevent wind and/or water erosion of such land. All
open graded, undeveloped land shall either be planted with interim landscaping,
or stabilized with such other erosion control measures, as approved in the
Fugitive Dust Control Plan.
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. Building pad elevations of perimeter lots shall not differ by more that one foot
from the building pads in adjacent developments.
17. Prior to the issuance of a building permit, the applicant shall provide a lot pad
certification stamped and signed by a qualified engineer or surveyor. 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.
18. 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 parking areas shall be stamped and
signed by qualified engineers. The design of parking facilities shall conform to
LQMC Chapter 9.150.
19. 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 paving and sidewalks).
20. 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.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
21. Stormwater handling shall conform with the approved hydrology and drainage
report for Lake La Quinta. Nuisance water shall be disposed of in an approved
manner.
22. The applicant shall comply with Sections 9.90.040 (Table of Development
Standards) & 9.100.040 (Landscaping), LQMC.
23. The applicant shall submit the landscape plans for approval by the Community
Development Department (CDD), prior to plan checking by the Public Works
Department. When plan checking has been completed by CDD, the applicant shall
obtain the signatures of CVWD and the Riverside County Agricultural
Commissioner, prior to submittal for signature by the City Engineer.
NOTE: Plans are not approved for construction until signed by the City Engineer.
24. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Planters adjacent to the building shall be re-
shaped to be angled appropriately with the building's orientation.
25. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
26. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect.
27. 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.
28. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The final asphalt lift and parking lot signing and striping shall
be completed prior to final inspections of habitable buildings.
29. The applicant shall employ construction quality -assurance measures that meet
with the approval of the City Engineer.
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
30. The applicant shall employ or otherwise retain qualified civil engineers, surveyors,
and such other appropriate professionals as are required to provide the expertise
with which to prepare and sign accurate record drawings, and to provide
adequate construction supervision.
31. The applicant shall arrange for, and bear the cost of, all measurements, sampling
and testing procedures not included in the City's inspection program, but which
may be required by the City, as evidence that the construction materials and
methods employed comply with the plans, specifications and other applicable
regulations.
32. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by
the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -
Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant shall
revise all CAD or raster -image files previously submitted to the City to reflect the
as -constructed conditions.
33. The applicant shall comply with the applicable provisions of Section 13.24.160
(Maintenance), LQMC.
34. 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.
35. 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.
36. Provisions shall be made to comply with the terms and requirements of the City's
adopted Art in Public Places program in effect at the time of issuance of building
permits.
37. 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).
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Planning Commission Resolution 2003-025
Site Development Permit 2002-763
Conditions of Approval - Adopted
April 22, 2003
38. The applicant shall submit a detailed building lighting plan to include exterior
fixture details. The lighting plan shall be approved prior to issuance of the building
permit.
39. All roof -mounted mechanical equipment must be screened and installed as part
of the roof structure, using compatible architectural materials and treatments, in
a manner so as not to be visible from surrounding properties and streets. Working
drawings showing all such equipment and locations shall be submitted to the
Building and Safety Department along with construction plan submittal for
building permits. Method and design of screening must be approved by the
Community Development Department prior to any issuance of building permits
related to structures requiring such screening.
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