PCRES 2003-068PLANNING COMMISSION RESOLUTION 2003-068
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT PLANS FOR CONSTRUCTION OF A
5,150± SQUARE FOOT COMMERCIAL RESTAURANT
BUILDING IN THE ONE -ELEVEN LA QUINTA SHOPPING
CENTER
CASE NO.: SITE DEVELOPMENT PERMIT 2003-783
APPLICANT: MICHAEL SHOVLIN
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 9th day of September, 2003, hold a duly noticed Public Hearing, to consider
the request of Michael Shovlin to approve the development plans for a 5,150± square
feet commercial restaurant building in the One -Eleven La Quinta Shopping Center,
located on the north side of Highway 111 east of Simon Drive, more particularly
described as:
APN 643-080-037
WHEREAS, the Architecture and Landscaping Review Committee did on
the 3rd day of September, 2003, at a regular meeting, adopted Minute Motion 2003-
037, recommend approval of the architectural plans for the new 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:
1. The General Plan designates the project area as Regional Commercial. The
proposed commercial building is consistent with this land use designation.
2. The proposed commercial building is designed to comply with the Zoning Code
and Specific Plan requirements, including, but not limited to, height limits,
parking, lot coverage, and signs.
3 The La Quinta Community Development Department has determined that the
request has been assessed in conjunction with Environmental Assessment 89-
150 (State Clearinghouse Number 90020162), prepared for Specific Plan 89-
014, which was certified on April 17, 1990. 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
p:\stan\sdp 2003-783 pc res.wpd
Planning Commission Resolution 2003-068
Site Development Permit 2003-783
Michael Shovlin
Adopted: September 9, 2003
architectural style, scale, building mass, materials, colors, architectural details,
roof style, and other architectural elements are compatible with the surrounding
development and with the quality of design prevalent in the city. The project
uses architectural features, colors, and materials to match the surrounding
existing buildings.
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 building is located on an
area that is designated for a commercial restaurant building.
6. Project landscaping, including, but not limited to the location, type, size, color,
texture, and coverage of plant materials has been designed so as to provide
relief, complement buildings, visually emphasize prominent design elements and
vistas, screen undesirable views, provide a harmonious transition between
adjacent land uses and between development and open space, provide an
overall unifying influence, enhance the visual continuity of the project, and
complement the surrounding project area, ensuring lower maintenance and
water use.
7. The building signs will have to comply and be consistent with the intent of the
Zoning Code and Center's approved sign program.
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 2003-783 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 9th day of June, 2003, by the following
vote, to wit:
p:\stan\sdp 2003-783 pc res.wpd
Planning Commission Resolution 2003-068
Site Development Permit 2003-783
Michael Shovlin
Adopted: September 9, 2003
AYES: Commissioner Quill and Chairman Kirk
NOES: Commissioner Tyler
ABSENT: Commissioners Abels and Daniels
ABSTAIN: None
ATTEST:
ZM K, Chairman
I < La Quinta, California
RMAN,)Community Development Director
Quinta, California
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL — FINAL
SITE DEVELOPMENT PERMIT 2003-783
MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
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)
• SunLine Transit Agency
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.
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.
4. 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)•
PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
PROPERTY RIGHTS
5. 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.
6. 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.
7. Right of way dedications required of this development include:
A. PUBLIC STREETS
11 Highway 1 1 1 (Major Arterial — State Highway, 140' Right of Way) — No
additional street right of way is required to comply with the General
Plan street widths.
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):
A. Highway 1 1 1 (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.
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 1 1 1 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.
sdp 2003-783 pc coa.doc Page 2 of 9
PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
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.
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.
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.
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.
IMPROVEMENT AGREEMENT
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.
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOWN
ADOPTED: SEPTEMBER 9, 2003
GRADING
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.
DRAINAGE
20. Stormwater handling shall conform with the approved hydrology and drainage plan
for ONE ELEVEN/LA QUINTA 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.
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
UTILITIES
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.
PARKING LOTS and ACCESS POINTS
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 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.
LANDSCAPING
26. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
27. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect.
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
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.
28. 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
29. The applicant shall employ construction quality -assurance measures which meet the
approval of the City Engineer.
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.
MAINTENANCE
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.
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
FEES AND DEPOSITS
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).
FIRE MARSHAL
36. Approved super fire hydrants shall be located not less than 25 feet nor more than
165 feet from any portion of the buildings 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. 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.
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, fdc, 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. 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.
43. Fire Department street access shall come to within 150 feet of all portions of the 151
floor of all buildings, by path of exterior travel.
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOWN
ADOPTED: SEPTEMBER 9, 2003
44. Any commercial operation that produces grease -laden vapors will require a Hood/duct
system for fire protection. (Restaurants, drive-thru's, etc.)
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. Streets shall be a minimum 20 feet wide with a height of 13"6" clear
and unobstructed.
46. Install a KNOX key box on the building. (Contact the fire department for an
application)
47. Install portable fire extinguishers as required by the California Fire Code.
MISCELLANEOUS
48. Applicant shall comply with the approved Conditions of Approval for Specific Plan
89-014.
49. Prior to issuance of a building permit, final working drawings shall be approved by the
Community Development Department.
50. All roof -mounted mechanical equipment must be screened and installed 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.
51. Roof elements shall be limited to a height of 22'-0", excluding the roof structure over
the southeast corner of the building, which is allowed to be up to 25' high. The area
allowed to be 25' high shall be minimized to the smallest height needed to the
satisfaction of the Community Development Department.
52. Signs shall comply with the approved sign program.
53. New parking lot planter islands around the new building shall not exceed 15-feet in
length, measured from the front end of the adjacent parking space to improve access
in and out of the adjacent parking space.
sdp 2003-783 pc coa.doc Page 8 of 9
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PLANNING COMMISSION RESOLUTION 2003-068
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2003-783 - MICHAEL SHOVLIN
ADOPTED: SEPTEMBER 9, 2003
53. Palm trees shall be skinned when planted.
54. The entry area shall be provided with enhanced paving.
sdp 2003-783 pc coa.doc
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