PCRES 2003-047PLANNING COMMISSION RESOLUTION 2003-047
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT PLANS FOR CONSTRUCTION OF A 5,306
SQUARE FOOT COMMERCIAL RESTAURANT BUILDING ON
PAD "E-2" IN THE ONE -ELEVEN LA QUINTA SHOPPING
CENTER (SPECIFIC PLAN 89-014)
CASE NO.: SITE DEVELOPMENT PERMIT 2003-774, THAI SMILE
APPLICANT: MICHAEL J. SHOVLIN FOR ONE ELEVEN LA QUINTA, LLC
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 81h day of July, 2003, hold a duly noticed Public Hearing, to consider the
request of Mr. Michael J. Shovlin to approve the development plans for a 5,306 sq.
ft. commercial restaurant building with outdoor dining on 0.66 acres located at 78-902
Highway 111, more particularly described as:
Assessor's Parcel Number: 643-080-051
Parcel 12 of Parcel Map 25865; Lot Line Adj. 96-214
WHEREAS, on June 2, 2003, the Community Development Department
mailed case file materials to all affected agencies for their review and comment. All
written comments are on file with the Community Development Department; and
WHEREAS, the Community Development Department published the Public
Hearing notice in the Desert Sun newspaper on June 25, 2003, for the July 8, 2003
Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice
Procedure) of the Zoning Code. Notices were also mailed to property owners within
500 feet of the project site on June 9, 2003. To date, no written correspondence has
been received; and
WHEREAS, the Architecture and Landscaping Review Committee, on July
2, 2003, at a regular meeting, adopted Minute Motion 2003-026, recommending
approval of the architectural plans for the new restaurant building, subject to
conditions; and
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 find the following facts and reasons to justify approval of
said Site Development Permit per Section 9.210.010 of the Zoning Code:
1 . The General Plan designates the project area as Regional Commercial which
encourages development of office and retail facilities. The proposed commercial
restaurant building is consistent with the commercial designation of the
property. Pursuant to the City's General Plan Circulation Element, off -site
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Planning Commission Resolution 2003-047
Site Development Permit 2002-729 - Thai Smile
Michael Shovlin
July 8, 2003
improvements such as transit facilities are encouraged to increase high
occupancy vehicle ridership and improve regional transportation goals.
2. The proposed freestanding one-story commercial building is designed to comply
with the Zoning Code and Specific Plan 89-014 requirements, including, but not
limited to, parking areas and lot coverage, subject to the recommended
Conditions of Approval being met. Building heights are varied to provide
interesting views, including a 23-foot tall gable roof building entrance. As the
proposed gable roof arch is an architectural projection that does not increase the
square footage of the building, the Planning Commission may elect to approve
the project, as presented, because it is compatible to existing architectural
elements of the shopping center and does not lessen the architectural integrity
of Highway 111, an Image Corridor.
3 The La Quinta Community Development Department has determined that the
request has been assessed in conjunction with Environmental Assessments 89-
150 (Resolution 90-27) and 96-319 (Resolution 96-52) which were certified for
Specific Plan 89-014 by the City Council on April 17, 1990 and July 2, 1996,
respectively. No changed circumstances or conditions are proposed, or new
information has been submitted which would trigger the preparation of a
subsequent environmental review.
4. 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 the surrounding
commercial development in the City of La Quinta. The single story building is
well designed with articulated facade elements and roof height variations. The
project uses architectural features, colors, and materials to match the
surrounding existing commercial buildings in compliance with the provisions of
Specific Plan 89-014. Upgrading the existing Highway 111 bus shelter will
implement the guidelines set forth by the City Council on September 16, 1997
by Minute Motion 97-139, and assist transit ridership as defined in the City's
General Plan Circulation Element.
5. 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 enclosures, exterior lighting, and other site
design elements are compatible with surrounding development and with the
quality of design prevalent in the City. The proposed restaurant building is
located on an area that is designated for a freestanding commercial building,
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Planning Commission Resolution 2003-047
Site Development Permit 2002-729 - Thai Smile
Michael Shovlin
July 8, 2003
ensuring access to the 22-space commercial parking lot is from within the
existing shopping center. Existing parking areas within the shopping center will
assist this project in complying with the City's on -site parking requirements as
set forth in Specific Plan 89-014. Under the request, deliveries and trash
servicing will occur on the north side of the building which is consistent with
other freestanding pad users in the vicinity. Conditions are recommended to
upgrade the project to comply with City development standards.
6. While there is not a lot of opportunity to provide on -site landscaping, the
proposed planters allow landscaping to shade parking areas and the east side
of the building.
7. The proposed channel -letter building signs are consistent with the intent of the
Zoning Code and One Eleven -La Quinta Shopping Center Sign Program, subject
to final approval by the Community Development Department.
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; and
2. That it does hereby approve Site Development Permit 2003-774 for the reasons
set forth in this Resolution, subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 8`h day of July, 2003, by the following
vote, to wit:
AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk
NOES: None
ABSENT: None
ABSTAIN: None
OM XlRK, Chairman
it of La Quinta, California
G:ResoPC SDP 774 Thai Smile. wpd/ref:SDP729-Greg
Planning Commission Resolution 2003-047
Site Development Permit 2002-729 - Thai Smile
Michael Shovlin
July 8, 2003
n
JE-RAY HERNfAtq Community Development
City Of La Qhinta, California
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PLANNING COMMISSION RESOLUTION 2003-047
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-774, THAI SIMILE
MICHAEL J. SHOVLIN FOR ONE ELEVEN LA QUINTA, LLC
JULY 8, 2003
CONDITIONS OF APPROVAL
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 Permit, The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
2. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies or departments:
• 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)
• Caltrans (Encroachment Permit)
• SunLine Transit Agency
The applicant is responsible for all requirements of the permits or clearances from
those jurisdictions. If the requirements include approval of improvement plans,
applicant shall furnish proof of such approvals prior to obtaining City approval of
the plans.
3. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water),
LQMC; Riverside County Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ.
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
4. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights 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. Right of way dedications required of this development include:
Highway 111 (Major Arterial — State Highway, 140' Right of Way) — No
additional street right of way is required to comply with the General Plan street
widths.
7. 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.
8. The applicant shall create perimeter setbacks along public rights of way as
follows (listed setback depth is the average depth if meandering wall design is
approved):
Highway 111 (Major Arterial — State Highway) — 50-foot from the R/W — P/L.
The setback requirement applies to all frontages including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall dedicate blanket easements for those purposes.
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
9. 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.
10. Direct vehicular access to and from Highway 111 from lots with frontage along
said street is restricted, except for those existing access points identified on the
approved Parcel Map.
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.
13. "Site Development Plans" shall normally include all surface improvements,
including but not limited to: parking lot improvements, finish grades, curbs &
gutters, ADA requirements, retaining and perimeter walls, etc.
Site Development Plan: 1 " = 30' Horizontal
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
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 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
15. 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.
16. In the event that any of the improvements required herein are constructed by the
City, the applicant shall, at the time of approval of the development or building
permit, reimburse the City for the cost of those improvements.
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.
19. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. The
certification shall list the approved elevation, the actual elevation, the difference
between the two, if any, and pad compaction.
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
20. Stormwater handling shall conform with the approved hydrology and drainage
plan for One -Eleven La Quinta Shopping Center. Nuisance water shall be retained
on site and disposed of in a manner acceptable to the City Engineer.
21. 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 Site Development Permit 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.
22. 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.
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.
24. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking)•
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other features
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
shown on the approved construction plans, may require additional street widths
and other improvements as may be determined by the City Engineer.
A. General access points and turning movements of traffic to off site public
streets are limited to the access locations approved in Specific Plan 89-
014.
25. 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.
26. The applicant shall comply with Sections 9.90.040 (Table of Development
Standards) & 9.100.040 (Landscaping), LQMC.
27. Final landscaping plans shall be submitted to the Community Development
Department for review and approval in compliance with Chapter 8.13 (Water
Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans
shall be approved by the Coachella Valley Water District and Riverside County
Agriculture Commissioner prior to submittal of the final plans to the Community
Development Department.
28. Parking lot trees shall have a minimum caliper size of 2.5-inches and measure
10'-0" high once installed. Double lodge poles (two-inch diameter) shall be used
to stake trees. Palm trees may count as a shade tree if the trunk is a minimum
12 feet tall. All shrubs and trees shall be irrigated by bubbler or emitters.
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 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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)•
Conditions are subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve (12) months. Final conditions will
be addressed when architectural building plans are reviewed. A plan check fee must
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
be paid to the Fire Department at the time building plans are submitted. All questions
regarding the meaning of the Fire Department conditions should be referred to the Fire
Department Planning & Engineering staff at (760) 863-8886.
36. Approved super fire 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.
37. 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.
38. Minimum fire flow 1500 G.P.M. for a 2-hour duration. Fire flow is based on
type VN construction and a complete fire sprinkler system.
39. Building plans shall be submitted to the Fire Department for plan review to run
concurrent with the City plan check.
40. Water plans for the fire protection system (fire hydrants, etc.) shall be submitted
to the Fire Department for approval prior to issuance of a building permit.
41. 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.
42. Any operation that produces grease-ladden vapors will require a hood/duct
system for fire protection. Separate fire suppression plans will need to be
submitted to the Fire Department.
43. 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.
44. The 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.
45. Install a Knox key lock box on the building. Plans must be submitted to the Fire
Department for approval of mounting location/position and operating standards.
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
46. Install portable fire extinguishers as required by the California Fire Code.
47. Applicant shall comply with the approved Conditions of Approval for Specific
Plan 89-014.
48. Roof elements shall be limited to a height of 22'-0", excluding the roof structure
over the main entrance which is allowed to be up to 23'-0" high.
49. Prior to building permit issuance, the following design modifications shall be
made:
A. A wall -mounted metal lattice shall be installed on the northeast side of
the building to enhance the blank wall area abutting the center's access
driveway. Vines shall be installed to grow onto the metal structure. As
an option to the metal lattice, the applicant may added architectural
details to the building which improve its appearance which can take the
form of stucco moulding and columns, subject to the final design being
approved by the Community Development Department.
B. The roof structure for the main building entrance can be either arched or
gabled to match other retail buildings in the shopping center.
C. Trash enclosure gates shall be opaque and must be locked unless being
serviced.
D. Outdoor dining areas shall have decorative concrete flooring (e.g.,
stamped colored concrete, pavers, etc.).
E. Install a minimum of one bicycle rack to the north of the front entrance
of the building.
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Planning Commission Resolution 2003-047
Conditions of Approval - Final
Site Development Permit 2003-774, Thai Smile
Michael J. Shovlin
July 8, 2003
F. A wood beam trellis shall be added to the north side of the building over
the delivery door and trash enclosure, subject to final approval by the
Community Development Department.
G. The applicant shall obtain a use easement to build portions of the parking
lot on the parcel to the west of the site before development permits are
obtained, subject to approval of the Community Development Director.
Failure to obtain the easement will require revisions to the parking lot
design to comply with all Zoning Code provisions.
50. Final sign plans shall be submitted to the Community Development Department
and shall include all details, colors, and materials (i.e., a Sign Application).
51. Hooded light fixtures with flush mounted lenses may be used in the delivery area
for security purposes.
52. The serving of alcoholic beverages to dining patrons shall be subject to obtaining
a State of California license from the Department of Alcoholic Beverage Control.
53. The existing bus shelter on Highway 111 shall be replaced with a City -approved
bus shelter structure on, or before, July 8, 2006, unless other arrangements are
allowed by the Community Development Director. A Caltrans Encroachment
Permit shall be obtained by the applicant before any on -site work begins.
54. Security measures addressed by the La Quinta Police Department on June 18,
2003 should be incorporated into the final construction plans. A copy of the
letter from Captain John Horton is on file with the Community Development
Department.
55. Any minor project design changes shall be approved by the Community
Development and Public Works Directors.
56. A photometric study shall be submitted to the Community Development
Department to insure proper lighting of the proposed parking lot.
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