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PCRES 2004-081PLANNING COMMISSION RESOLUTION 2004-081 A RESOLUTION OF THE OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A RESTAURANT WITH A DRIVE -THROUGH LANE LOCATED ON THE NORTH SIDE OF HIGHWAY 111 EAST OF ADAMS STREET CASE: SITE DEVELOPMENT PERMIT 2004-812 APPLICANT: CHICK-FIL-A WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 26' day of October, 2004, hold a duly noticed Public Hearing to consider a request by Chick-Fil-A for approval of a Site Development Permit to allow a restaurant with a drive -through lane located at the north side of Highway 111 east of Adams Street in The Pavilion at La Quinta center, in the CR (Regional Commercial) zone district, more particularly described as: PORTION OF APN: 649-020-063 WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on the 161h day of October, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-481 prepared for Specific Plan 2003-066, for which a Mitigated Negative Declaration was certified on October 7, 2003, No changed circumstances or conditions are proposed, nor any new information submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify approval of said Site Development Permit: 1. The project site has a Regional Commercial General Plan designation. The proposed restaurant is consistent with this land use designation. P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc res.doc Planning Commission Resolution 2004-081 Site Development Permit 2004-812 — Chick-Fil-A Adopted: October 26, 2004 Page 2 2. The proposed restaurant 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 Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2003- 481, prepared for Specific Plan 2003-066, which was certified by the City Council on October 7, 2003. No changed circumstances or conditions are proposed, nor has any new information 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 development in the center and with the quality of design prevalent in the City. 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. 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, 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 compliment the surrounding project area, ensuring lower maintenance and water use. A condition has been included that will require screening of the drive -through lane from Highway 111 and surrounding public view. 7. The building signs will comply and be consistent with the intent of the Zoning Code and Center's sign program. 8. The signs will be consistent with the intent of the Zoning Code and Pavilion at La Quinta sign program, and will be in harmony and visually related to the proposed architecture of the buildings, with the approval of the Planning Commission. P:\stan\sp 03-066 thomas\sdp 04-812 pc res.doc Planning Commission Resolution 2004-081 Site Development Permit 2004-812 - Chick-Fil-A Adopted: October 26, 2004 Page 3 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 correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby acknowledge that Environmental Assessment 2003- 481 has determined that no significant effects on the environment have been identified and mitigation measures have been imposed; and 3. That it does hereby approve Site Development Permit 2004-812, 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 Planning Commission, held on this 261h day of October, 2004, by the following vote, to wit: AYES: Commissioners Daniels, Krieger, Ladner, Quill and Chairman Kirk NOES: None ABSENT: None ABSTAIN: None O KIRK, Chairman y of La Quinta, California ATTEST: OSCAR ORCI, Interim Community Development Director City of La Quinta, California P:\stan\sp 03-066 thomas\sdp 04-81 2 pc res.doc PLANNING COMMISSION RESOLUTION 2004-081 CONDITIONS OF APPROVAL — ADOPTED SITE DEVELOPMENT PERMIT 2004-812 CHICK-FIL-A ADOPTED: OCTOBER 26, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("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 applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following 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 • SCAQMD Coachella Valley • Caltrans The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 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, the State Water Resources Control Board's Order No. 99-08-DWQ and conditions of Specific Plan 2003-066 and Site Development Plan 2004-807. Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 PROPERTY RIGHTS 4. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the 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 offer for dedication all public street right-of-ways in conformance with Specific Plan 2003-066 and Site Development Permit 2004- 807. 6. Direct vehicular access to Highway 111 is restricted, except for those access points identified on the Specific Plan 2003-066 and/or SDP 2004-807, or as otherwise conditioned in these conditions of approval. 7. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 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. 8. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 9. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. P:\Reports - PC\10-26-2004\Chick-Fi1-A\sdp 2004-812 pc coa.doc 2 Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 A. On -Site Commercial Precise Grading Plan B. PM10 Plan C. SWPPP D. Storm Drain Plans 1 " = 20' Horizontal 1 " = 40' Horizontal 1 " = 40' Horizontal 1 " = 40' Horizontal E. Off -Site Street Plan 1 " = 40' Horizontal, 1 4' Vertical The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing handicap parking shall be shown on the Precise Grading Plans at a scale to be determined by the Public Works Department. 10. The City maintains standard plans, detail sheets 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. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc coa.doc 3 Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 12. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRAnlN(; 13. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC and conditions of Specific Plan 2003-066 and Site Development Permit 2004-807. 14. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 15. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. P:\Reports - PC\10-26-2004\Chick-Fi1-A\sdp 2004-812 pc coa.doc 4 Planning Commission Resolution 2004-081 Conditions of Approval — Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 16. 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 were approved in the Fugitive Dust Control Plan. 17. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 18. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the Preliminary Grading Plan submitted with this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 19. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 20. "Stormwater handling shall conform with the approved hydrology and drainage report for Parcel Map No. 29351, or as conditioned and modified for SP 2003- 066 and SDP 2004-807 or this Site Development Permit. Nuisance water shall be disposed of in an approved manner." The tributary drainage area shall extend to the centerline of adjacent public streets. Nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. UTILITIES 21. The applicant shall conform with all applicable conditions of SP 2003-066 and Site Development Permit 2004-807. P:\Reports - PC\10-26-2004\Chick+i1-A\sdp 2004-812 pc coa.doc 5 Planning Commission Resolution 2004-081 Conditions of Approval — Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 STREET AND TRAFFIC IMPROVEMENTS 22. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 23. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial - State; 140' R/W): a) No widening of the north side of the street along all frontage adjacent to the Site Development Permit is required for its ultimate width as specified in the General Plan and the requirements of these conditions except at locations where additional street width is needed to accommodate conditions of SP 2003-066 and SDP 2004- 807. 2) General access points and turning movements of traffic are limited to those approved by SP 2003-066 and SDP 2004-807. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Areas 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 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. P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc coa.doc 6 Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 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. A. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 26. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOT AND ACCESSWAYS 27. The design of parking facilities shall conform to LQMC Chapter 9.150, and conditions of the approved SP 2003-066 and SDP 2004-807; especially the parking stall and aisle widths and the parking stall striping design. As per the LQMC Chapter 9.150, the following conditions should apply: A. Parking aisle widths should be a minimum of 26 feet. B. Stall lengths where curbs are not provided should be a minimum of 19 feet. C. The design of the row of stalls and sidewalk along the west side of the building shall take into account curb overhang requirements and ADA clearance widths. D. Parking stall striping shall be the City of La Quinta double striped hairpin design. E. All entry doorways shall be ADA accessible and shall be approved in the precise grading plan process. CONSTRUCTION 28. The City will conduct final inspections of habitable buildings only when the P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc coa.doc 7 Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 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. LANDSCAPING 29. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), Chapter 8.13 (Water Efficient Landscaping) LQMC, as well as all applicable conditions of SP 2003-066 and SDP 2004-807. 30. The applicant shall submit a preliminary level landscape plan (1 "= 30' minimum) 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. 31. The applicant shall provided or provide written proof that screening of the drive- thru lane from Highway 111 shall be provided by a combination of earth berming, planting and/or a short decorative wall. Installation of the approved screening shall be provided prior to opening of the restaurant. PUBLIC SERVICES 32. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 33. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 34. The applicant shall employ, or retain, qualified 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. 35. 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. P:\Reports - PC\10-26-2004\Chick-Fi1-A\sdp 2004-812 pc coa.doc 8 Planning Commission Resolution 2004-081 Conditions of Approval - Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 36. 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 have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 37. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 38. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 39. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 40. 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 41. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. 42. 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. 43. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 44. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc coa.doc 9 Planning Commission Resolution 2004-081 Conditions of Approval — Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 submitted to the Fire Department for approval prior to issuance of a building permit. 45. 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. 46. Fire Department street access shall come to within 150 feet of all portions of the 1 s`. floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13 Y2 feet clear. Turning radiuses shall be no less than 38 feet outside. 47. Any commercial operation that produces grease -laden vapors will require a Hood/duct system for fire protection (Restaurants, drive-thru's, etc.). 48. 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. 49. Install a KNOX key box on each commercial building (Contact the fire department for an application). 50. Install portable fire extinguishers as required by the California Fire Code. 51. Any submissions to the Fire Department are the responsibility of the applicant. 52. The water mains shall be capable of providing a potential fire flow of 2500 gpm and the actual fire flow from two adjacent hydrants shall be 1500 gpm for a 2- hour duration at 20-psi residual operating pressure. MISCELLANEOUS 53. Color of all poles and exterior lighting fixtures shall be approved by the Community Development Department. Lighting fixtures shall comply with City outdoor lighting requirements and match those used in the balance of the shopping center. 54. Comments from the Police Department in their letter dated August 15, 2004 on file in the Community Development Department shall be considered and implemented where feasible. P:\Reports - PC\10-26-2004\Chick-Fi1-A\sdp 2004-812 pc coa.doc 10 Planning Commission Resolution 2004-081 Conditions of Approval — Adopted Site Development Permit 2004-812 - Chick-fil-A Adopted: October 26, 2004 55. Exterior sills on windows and doors shall match those used in balance of the center. 56. Crape Myrtle trees shall be replaced with an alternative similar evergreen tree. 57. The major trellis material if wood shall be pressure treated. 58. Prior to issuance of a building permit, the applicant shall provide plans and written proof to the Community Development Department that the drive-thru lane and vehicles using it shall be screened from view of Highway 111. Screening shall be provided by the use of a combination of berming, walls, and/or landscape planting and shall be installed prior to opening of the restaurant. Line of sight cross sections shall be prepared at multiple locations, including menu boards, to ensure that menu boards, drive-thru lane and cars using them are screened from view of Highway 111. Preliminary landscaping plans shall be approved by the Planning Commission as a business item. 59. The outside face of the trash enclosure shall be provided with articulation using the stone veneer to the satisfaction, due to its exposed location. P:\Reports - PC\10-26-2004\Chick-Fil-A\sdp 2004-812 pc coa.doc 11