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PC Resolution 2017-009PLANNING COMMISSION RESOLUTION 2017 - 009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT AND MINOR ADJUSTMENT FOR A DRIVE THROUGH RESTAURANT ON A VACANT PAD WITHIN THE LA QUINTA SQUARE COMMERCIAL CENTER, AND FINDING THE PROJECT CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2014-1002 CASE NUMBERS: SITE DEVELOPMENT PERMIT 2017-0005 MINOR ADJUSTMENT 2017-0006 APPLICANT: PREST VUKSIC ARCHITECTS WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11th day of July, 2017, hold a duly noticed Public Hearing to consider a request by Prest Vuksic Architects for approval of the El Polio Loco restaurant, generally located on the southwest corner of Highway 111 and Simon Drive, more particularly described as: APN: 643-220-028 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 30, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Site Development Permit 2017.0005 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code in terms of architectural style, building height, building mass, and landscaping. The site development Planning Commission Resolution 2017 - 009 Site Development Permit 2017-0005 Minor Adjustment 2017-0006 El Pollo Loco Restaurant (Prest Vuksic Architects) July 11, 2017 Page 2 of 5 permit has been conditioned to ensure compliance with the zoning standards of the Regional Commercial zoning district and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. 3. Compliance with CEQA The Design and Development Department has determined that this project is consistent with Environmental Assessment 2014-1002 and no further environmental review is required. 4. Architectural Design The architecture and layout of the project is compatible with, and not detrimental to, the existing surrounding commercial land uses, and is consistent with the development standards in the Municipal Code. The buildings are concluded to be appropriate for the proposed building locations, and supplemental design elements (vibrant color palette, stone veneer, column pop -outs, etc.) appropriately enhance the architecture of the buildings. 5. Site Design The site design of the project, including project entries, interior circulation, pedestrian access and 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. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The project landscaping for the proposed buildings, as conditioned, shall unify and enhance visual continuity of the proposed buildings with the surrounding development. Landscape improvements are designed and sized to provide visual appeal while adequately screening the parking lot and drive through from public view. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. Planning Commission Resolution 2017 - 009 Site Development Permit 2017-0005 Minor Adjustment 2017-0006 El Polio Loco Restaurant (Prest Vuksic Architects) July 11, 2017 Page 3 of 5 Minor Adjustment 2017-0006 WHEREAS, the Municipal Code requires 1 parking space per 100 square feet of ground floor area for drive through restaurants. The proposed restaurant parking plans include a deficit of one parking space; and, WHEREAS, Minor Adjustments are permitted to provide for minor deviations from certain development standards. The applicant has proposed one Minor Adjustment to address the parking deficit. With approval of the Minor Adjustment, the proposal will meet all Municipal Code development standards; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.040 of the Municipal Code to justify approval of said Minor Adjustments: 1. Consistency with General Plan Minor Adjustment 2017-0006 is consistent with the La Quinta General Plan, in that the proposals do not alter the approved land use for the property, or affect land use on surrounding similar properties. 2. Consistency with Zoning Code Minor Adjustment 2017-0006 are consistent with the intent of the La Quinta Zoning Code, in that the requested adjustments will be conditioned to comply with all other development standards as required under said Zoning Code. 3. Compliance with CEQA Processing and approval of Minor Adjustment 2017-0006 is in compliance with the California Environmental Quality Act. The adjustment requested falls under CEQA Guidelines Section 15305(a) as a "Minor Alterations to Land" - Class 5 Categorical Exemption. 4. Surrounding Use Approval of Minor Adjustment 2017-0006 is not detrimental to the public health, safety and general welfare, nor injurious or incompatible with other properties and land use in the vicinity. The adjustments have no impact on Planning Commission Resolution 2017 - 009 Site Development Permit 2017-0005 Minor Adjustment 2017-0006 El Pollo Loco Restaurant (Prest Vuksic Architects) July 11, 2017 Page 4 of 5 health or safety issues, and will not affect physical land use characteristics in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be consistent with Environmental Assessment 2014-1002 SECTION 4. That it does hereby approve Site Development Permit 2014-1005, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. SECTION 6. That it does hereby approve Minor Adjustment 2017-0006, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 11th day of July, 2017, by the following vote: AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt NOES: None ABSENT: None ABSTAIN: None PHIL P F. BETTENCOURT, Chairperson City of La Quinta, California Planning Commission Resolution 2017 - 009 Site Development Permit 2017-0005 Minor Adjustment 2017-0006 El Polio Loco Restaurant (Prest Vuksic Architects) July 11, 2017 Page 5 of 5 ATTEST: GABRIEL P EZ, P nning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 1 OF 14 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. Site Development Permit 2017-0005 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Tentative Parcel Map 36791 Conditional Use Permit 2017-0003 Environmental Assessment 2017-0003 Minor Adjustment 2017-0006 3. In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design & Development Director shall adjudicate the conflict by determining the precedence. The Site Development Permit shall expire on July 11, 2019 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080 1. 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: ® Riverside County Fire Marshal ■ La Quints Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 2OF14 • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 2. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's eronsion and sediment control plan shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 3OF14 C. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. D. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post - construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 3. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 4. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing parking lots, accessways, and aisles that access public streets and open space/drainage facilities of the master development. 6. Direct vehicular access to Highway 111 and Simon Drive are restricted, except for those access points identified on the approved Site Development Permit. 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 PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 4 OF 14 construction, permanent slopes, or other encroachments will occur. PARKING LOTS and ACCESS POINTS 8. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. 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 so that ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2 -foot overhang for standard parking stalls and 18 feet with a 2 -foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to public streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. 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. 9. 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 Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 5OF14 Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 10. 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. 11. Improvements shall include appurtenances such as traffic control signs, markings and other devices, and sidewalks. 12. 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 engineers registered in California. 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. 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 LQMC Section 13.24.040 (Improvement Plans). 14. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development 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. Precise Grading Plan (Commercial) 1" = 20' Horizontal PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 6OF14 B. PM10 Plan 1" = 40' Horizontal C. On Site Private Sewer and Water Improvement Plan 1" = 20' Horizontal NOTE: A through C to be submitted concurrently. Separate Storm Drain Plans if applicable 1" = 40' Horizontal, 1" = 4' Vertical 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. "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. "On -Site Precise Grading" plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, signing and striping, parking lot improvements and ADA requirements. 15. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Development Division at the City website (www.la- quinta.org). Please navigate to the Public Works Development Division home page and look for the Standard Drawings hyperlink. 16. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 17. Upon completion of construction, and prior to final acceptance of the improvements by the City, 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" 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 7OF14 GRADING 18. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 19. 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. 20. 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 civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. 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. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 25. Prior to any grading improvements, the applicant shall submit grading performance security valued at 100% of the cost of the grading improvements in accordance with La Quinta Municipal Code 8.80.050, or as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 8OF14 In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 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. 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. 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 feet (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. 28. Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 29. 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. DRATNAGF 30. Stormwater handling shall conform with the approved hydrology and drainage report for La Quinta Square, SDP 2014-1005 / Parcel Map 36791, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 9OF14 31. 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. 32. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 33. Stormwater may not be retained in landscaped parkways or landscaped setback lots unless approved by the City Engineer. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 34. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 35. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 37. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013- 0011 and the State Water Resources Control Board's Order No. 2012-0006. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 10 OF 14 Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 38. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 39. 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. 40. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 41. 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. LANDSCAPE AND IRRIGATION 21. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 22. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Landscape and irrigation plans for landscaped lots and setbacks, medians, and retention basins shall be signed and stamped by a licensed landscape architect. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 11 OF 14 23. The applicant shall submit the landscape plans for approval to plan checking by the Planning Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager and/or the City Engineer. NOTE: Plans are not approved for construction until signed by both the Planning Manager and/or the City Engineer. 24. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 25. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 26. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 27. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 28. All landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5 -gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 29. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process as a minor final landscape plan. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 12 OF 14 Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Manager a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 30. If Conditional Use Permit 2017-0003 for construction of a monopalm telecommunications facility is not approved, the landscape plan shall be revised with the submission of a Final Landscape Plan to reflect the removal of the proposed wireless telecommunications facility and replaced with landscaping from the approved landscape tree and plant palette. 31. If a building permit for the future development pad has not been issued within two years of the Planning Commission's approval, the applicant shall submit a Final Landscaping plan to the Design and Development Department for review and approval of temporary landscaping. Plant palette and placement shall be compatible with the overall site's perimeter landscaping and as determined to be appropriate by the Planning Manager. MAINTENANCE 32. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 33. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. 34. The applicant acknowledges that the City has formed a City-wide Landscape and Lighting District and agrees to be included in the District. Any assessments will be done on a benefit basis, as required by law. FEES AND DEPOSITS 35. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). 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. PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 13 OF 14 36. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). .11:401 ' ' ' 71aah 37. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 38. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 39. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 40. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2016 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 41. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 42. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 43. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 44. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 45. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2016 CMC PLANNING COMMISSION RESOLUTION 2017 - 009 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2017-0005 EL POLLO LOCO RESTAURANT (PREST VUKSIC ARCHITECTS) JULY 11, 2017 PAGE 14 OF 14 46. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-777-7074 47. If Conditional Use Permit 2017-0003 is not approved, the precise grading and site plan shall be revised to reflect the removal of the proposed wireless telecommunications facility.