PCRES 2007-016PLANNING COMMISSION RESOLUTION 2007-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
DEVELOPMENT PLANS FOR A FREESTANDING 7,724
SQUARE FOOT RESTAURANT COMMERCIAL BUILDING
WITHIN THE KOMAR DESERT CENTER
CASE NO.: SITE DEVELOPMENT PERMIT 2007-882
APPLICANT: FANCHER DEVELOPMENT SERVICES, LLC
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 10`h day of April 2007, hold a duly noticed Public Hearing to consider the
request of FANCHER DEVELOPMENT SERVICES, LLC for the construction of a
restaurant in the KOMAR DESERT CENTER located on the south side of Highway 1 1 1
east side of Depot Drive 1 1 1, more particularly described as:
PARCEL 3 OF PARCEL MAP #33960
WHEREAS, said Site Development Permit has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970." The City Council certified Environmental Assessment 2005-543 Specific Plan
2005-075 of which this site is a part. No changed circumstances or conditions exist
which would trigger the preparation of a subsequent Environmental Impact Report or
environmental review pursuant to Public Resources Code Section 21 166; and,
WHEREAS, the Architecture and Landscaping Review Committee, did on
the 4`" day of April, 2007, at a regular meeting, recommend approval of the
development plans, 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 commercial unit in this proposed phase of the project is consistent with the
General Plan in that it is designated regional commercial uses.
2. The commercial project has been designed to be consistent with the applicable
provisions of the City's Zoning Code, or amended as allowed in compliance with
Specific Plan 2005-075.
3. The architectural design of the commercial 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, previously approved and constructed phases, and
with the quality of design prevalent in the City. The commercial unit is suitably
designed and conforms to the established theme of the project.
Planning Commission Resolution 2007-
Site Development Permit 2007-882
Fancher Development Services, LLC.
Adopted: April 10, 2007
4. The site design of the project including, but not limited to project entries,
interior circulation, pedestrian and bicycle access, pedestrian amenities,
screening of equipment, exterior lighting, and other site design elements are
compatible with previous approved and constructed phases, surrounding
development, and with the quality of design prevalent in the City.
5. Project landscaping, including but not limited to the arrangement, variety, size,
color, texture, and coverage of plant materials, with conditions, has been
designed so as to provide relief, complement buildings, visually emphasize
prominent design elements, screen undesirable views, provide a harmonious
transition between adjacent land uses, and provide an overall unifying influence
to enhance the visual continuity of the project.
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 2007-882 for the reasons
set forth in this Resolution, subject to the Conditions, attached hereto;
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 101" day of April 2007, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of La Quinta, California
Planning Commission Resolution 2007-
Site Development Permit 2007-882
Fancher Development Services, LLC.
Adopted: April 10, 2007
ATTEST:
- A�G40--'F -
DO AS .E ANS
Communiff Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - FINAL
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
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 any necessary clearances and/or permits from the following
agencies (if required):
• Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, 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, if applicable. 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; and the State Water Resources Control Board's Order No. 99-08-
DWQ.
PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 - MIMI'S CAFE
ADOPTED: APRIL 10, 2007
4. Approval of this Site Development Permit shall not be construed as approval for any
horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
PROPERTY RIGHTS
5. 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. Said conferred rights shall
also include grant of access easement to the City of La Quinta for the purpose of
graffiti removal by City staff or assigned agent in perpetuity and agreement to the
method to remove graffiti and to paint over to best match existing. The applicant
shall establish the aforementioned requirements in the CC&R's for the development
or other agreements as approved by the City Engineer.
6. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Highway 1 1 1 (Major Arterial - State Highway, 140' Right -of -Way) - No
additional right-of-way is required along the Site Development Permit boundary
on Highway 1 1 1 as per the recorded Parcel Map No. 33960.
7. The required perimeter landscaping setbacks along all public rights -of -way as follows
have been dedicated on Parcel Map No. 33960:
A. Highway 1 1 1 (Major Arterial - State Highway) - 50-foot from the R/W-P/L.
The setback requirements shall apply 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 offer for dedication blanket easements for those purposes on the Final
Map.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
8. Direct vehicular access to Highway 1 1 1 from lots with frontage along Highway 1 1 1
is restricted, except for those access points identified on Parcel Map No. 33960, or
as otherwise conditioned in these conditions of approval.
9. 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.
10. The applicant shall provide reciprocal access easements necessary for the adjoining
parcel(s) for access to proposed parking and access drive associated with this Site
Development Permit. Additionally, the applicant shall enter into a maintenance
agreement with Costco and/or other parcel owners/occupants for the perpetual
maintenance of the parking areas and drive aisles within Parcel Map No. 33960.
11. 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 111 (Major Arterial — State Highway; 140'R/W):
No additional widening is required on the south side of the street along all frontage
adjacent to the Site Development Permit boundary to its ultimate width on the south
side as specified in the General Plan and per Conditions of Approval for Specific Plan
2005-075, Conditional Use Permit 2005-833 and Tentative Parcel Map No. 33960
are required of this Site Development Permit.
PARKING LOTS AND ACCESS POINTS
12. The design of parking facilities for the approved Site Development Permit 2006-874
shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are
conditioned with the approval of this Site Development Permit.
A. Accessibility routes to public streets and adjacent development shall be shown
on the Precise Grading Plan.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
B. Cross slopes should be a maximum of 2% where ADA accessibility is required
including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to better
evaluate ADA accessibility issues.
13. 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.
Pursuant to the above and conditions for Site Development Permit 2006-874 for the
Komar Development, the applicant is advised of the possible reconstruction of
existing curb and gutter along the easterly alignment of the Costco main entry drive
to provide a smoother curvature to the existing curb and gutter as required by the
City Engineer. The applicant may be required to design proposed in -fill improvements
for this Site Development Permit resulting from said reconstruction of the existing
curb and gutter along the Costco main entry drive.
14. General access points and turning movements of traffic to off site public streets are
limited to the access locations approved for Parcel Map No. 33960 and these
conditions of approval.
15. Improvements shall include appurtenances such as traffic control signs, markings and
other devices, raised medians if required, street name signs and sidewalks.
16. 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.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as "engineer,"
"surveyor," and "architect," refers to persons currently certified or licensed to practice their
respective professions in the State of California.
17. 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.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
18. 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.
A. On -Site Precise Grading Plan 1 " = 30' Horizontal
B. PM10 Plan 1" = 40' Horizontal
NOTE: A and B to be submitted concurrently.
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.
The applicant shall prepare an accessibility assessment on a marked up print of the
building floor plan identifying every building egress and that notes the most current
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 Precise Grading Plan when it is
submitted for plan checking.
A "Precise Grading" plan is required to be submitted for approval by the Building
Official and the City Engineer.
"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.
19. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the Online Engineering Library at
the City website (www.la-quinta.org). Please navigate to the Public Works
Department home page and look for the Standard Drawings hyperlink.
20. The applicant shall furnish a complete set of mylars of all approved improvement
plans on a storage media acceptable to the City Engineer.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
21. At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the mylars in order to reflect the
as -built conditions.
PRECISE GRADING
22. The applicant shall comply with the provisions of Section 13.24,050 (Grading
improvements), LQMC.
23. As no preliminary precise grading plans have been submitted with the Site
Development Permit, the Applicant is hereby notified that future site modifications
may be necessary including, but not limited to building pad elevations, reduced
building foot print and revision to hardscape and landscape elements as approved by
the City Engineer. Verification of the precise grading and ADA accessibility as
applicable to improvements per the approved Site Development Permit 2006-874 for
the Komar Development is subject to review and approval by the Public Works and
Building and Safety Department. If in the event, the proposed hardscape such as
sidewalks, walkways, curb ramps and building access points are found to be
inadequate during final design, the Applicant shall revise what is currently proposed
in the site layout as required to satisfy the precise grading and ADA compliance by
the Public Works Department and Building and Safety Department.
The applicant shall cooperate with the Komar Development in regards to
improvements required of Site Development Permit 2006-874.
24. 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.
25. To obtain an approved grading permit, the applicant shall submit and obtain approval
of all of the following:
A. A precise grading plan prepared by a qualified engineer,
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
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
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. Grading Plan shall tie to Komar Site Development Permit 2006-
876 (currently in plan check — Plan Check No. 07074).
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.
26. 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.
27. Prior to any site grading or regrading that will raise or lower any portion of the site by
more than five tenths of a foot (0.5') from the elevations shown on the approved Site
Development Permit site plan, the applicant shall submit the proposed grading
changes to the City Staff for a substantial conformance finding review.
28. 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
with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved grading
plan, the actual pad elevation and the difference between the two, if any. Such pad
certification shall also list the relative compaction of the pad soil. The data shall be
organized by lot number, and listed cumulatively if submitted at different times.
DRAINAGE
29. Stormwater handling shall conform with the approved hydrology and drainage report
for Tentative Parcel Map No. 33960 and as modified for Site Development Permit
2006-874 for the Komar Development. Nuisance water shall be retained on site.
Nuisance water shall be disposed of per approved methods contained in Engineering
Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for
Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention
Basin Design Requirements.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
UTILITIES
30. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
31. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures including,
but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone
stands, to ensure optimum placement for practical and aesthetic purposes.
32. Underground 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 all utility trench compaction for
approval by the City Engineer. Additionally, grease traps and the maintenance thereof
shall be located as to not conflict with access aisles/entrances.
CONSTRUCTION
33. 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 improvements shall include required traffic control devices, pavement markings
and street name signs.
LANDSCAPE AND IRRIGATION
34. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
35. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas.
36. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect.
37. The applicant shall submit the landscape plans for approval to plan checking by the
Community Development Department. When plan checking has been completed by
the Community Development Department, the applicant shall obtain the signatures of
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
CVWD and the Riverside County Agricultural Commissioner, prior to submittal for
signature by the Community Development Director.
NOTE: Plans are not approved for construction until signed by the Community
Development Director.
38. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets, 5`h Edition or latest, in the design and/or installation of all
landscaping and appurtenances abutting and within the private and public street right-
of-way.
39. The final landscaping plans shall be revised to include the following: Pink Crape
Myrtle shall be replaced with Evergreen Pear.
40. All trees shall be a minimum 36-inch box trees. All shrubs shall be a minimum five -
gallon size. One -gallon size for the groundcover is acceptable.
41. Applicant shall make an effort to work with Imperial Irrigation District (IID) to have
utility boxes located in the service/delivery area.
42. Additional landscaping shall be added to the area north of the electrical room on the
west building elevation.
QUALITY ASSURANCE
43. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
44. 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.
45. 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.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
46. 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
mylars submitted to the City, revised to reflect the as -built conditions.
MAINTENANCE
47. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance),
LQMC.
48. 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
49. 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.
50. 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).
COMMUNITY DEVELOPMENT CONDITIONS
51. Gooseneck lights shall only be located above the service doors as shown on the
elevations and be in a color that is compatible to the building.
52, The metal posts in the outdoor dining area should be increased to six-inch diameter.
Currently they are being proposed as four -inch metal posts.
53. The ground -mounted floodlights located north of the outdoor dining shall be removed.
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PLANNING COMMISSION RESOLUTION 2007-016
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-882 — MIMI'S CAFE
ADOPTED: APRIL 10, 2007
54. Signage for the restaurant will be reviewed as part of the Sign Program for the Komar
Desert Center shopping center to address quantity, square footage, mounting, and
electrical details.
55. Screen wall shall be extended to provide more complete screening of the service
yard/storage/ electric area and delivery area.
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