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CC Resolution 2019-050 StarbucksRESOLUTION NO. 2019 - 050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VARIANCE AND SITE DEVELOPMENT PERMIT, FOR A NEW 2,790 SQUARE FOOT DRIVE- THROUGH STARBUCKS AND FIND THE PROJECT CONSISTENT WITH A PREVIOUSLY APPROVED ENVIRONMENTAL ASSESSMENT CASE NUMBERS: VARIANCE 2019-0001, SITE DEVELOPMENT PERMIT 2019-0002, ENVIRONMENTAL ASSESSMENT 2019-0002 APPLICANT: KAIDENCE GROUP WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of December, 2019, hold a duly noticed Public Hearing, to consider a request by Kaidence Group for approval of a variance and site development permit, to allow for a new drive-through Starbucks coffee shop located at the northwest corner of Washington Street and Calle Tampico, more particularly described as: APN: 770-020-015 through 770-020-021 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 22, 2019 as prescribed by the La Quinta Municipal Code (LQMC). Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the Planning Commission of the City of La Quinta, California, held a duly noticed Public Hearing on the 12th day of November, 2019, and upon hearing and considering all testimony and arguments, if any, of interested persons desiring to be heard, said Planning Commission adopted Planning Commission Resolution 2019-011 to recommend to the City Council approval of Zone Change 2019-0002, Variance 2019-0001, Site Development Permit 2019-0002, and to find the project consistent with Environmental Assessment 91-187; and Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 2 of 8 Variance 2019-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.030 of the LQMC to justify approval of said Variance: 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 uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies:  Goal LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City and provide a broad range of goods and services to its residents and region.  Goal LU-2 as the project consists of high quality design that complements and enhances the City. The design of project incorporates existing architectural style within commercial center but enhances it with modern architectural elements as well as stone veneer and wooden trellis.  Program CIR-1.12.a: Locate land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. The project will be developed with access to existing Villa Cortina Apartments and Seasons residential development, providing an opportunity for jobs and housing near each other. Housing developments are also to the south, west and east of the project site.  Policy CIR-1.16 which requires continued implementation of the Image Corridor treatments throughout the City. This project maintains a height under 22 feet within the first 150 feet from Washington Street, an Image Corridor, which is consistent with the Image Corridor standards.  Policy ED-1.2 as it will support and assist in the retention of existing businesses and the recruitment of new businesses. This proposal is for the retention of an existing Starbucks to construct a new building within the same shopping center. Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 3 of 8  Policy ED-1.5 which states projects proposed on commercial land shall be evaluated for their job creating and revenue generating potential. This project’s scope and operations will create jobs and lead to annual sales tax for the City. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and the purpose and intent of the Community Commercial District. The Community Commercial district is intended to meet the needs of a multi- neighborhood area. The project site is located in an area that does serve multiple neighborhoods as it abuts existing apartment developments, is in close proximity to the Cove, residential homes east of Washington Street, residential communities on the intersection of Washington Street and Avenue 50, and residential communities north and south of Avenue 52, including future residential communities at SilverRock. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that the proposed project is consistent with the mitigated negative declaration approved for Plot Plan 91-456 and Environmental Assessment 91-187 and approved on April 16, 1991. As mentioned, the original approval approved a shopping center under a 116,600 square foot of commercial space build out. Subsequent amendments lowered this to 79,333 square feet, which is how it currently exists. This proposal increases the square footage to 82,823, which is still well under the original 116,600 square feet analyzed by the original environmental assessment. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances There are special circumstances applicable to the subject property, including size, shape, location and surrounding, which, when the zoning regulations are strictly applied, deprive the property of Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 4 of 8 privileges enjoyed by other properties in the vicinity subject to the same zoning regulated. Special circumstances exist with the parcel and building shape, location, and surrounding existing building and facilities that require the proposed location to be the most feasible and make it difficult to orient the building to meet distance and exit queuing standards. This proposal is for construction of a new building within an existing shopping center which would not adhere to the following drive-through standards: - No drive-through facility shall be permitted within two hundred feet of any residentially zoned or used property. The applicant proposes to be 170 feet away from such properties. - Exits from drive-through facilities shall be at least three vehicles in length. The applicant proposes the exit to be one vehicle in length. All other La Quinta Municipal Code development standards were met. Other orientations of the building were attempted but were difficult due to the limited configuration of the project parcel and location of existing buildings and infrastructure within the shopping center. The building site is located within a narrow portion of a larger parcel and other orientations of the building were not feasible. 6. Preservation of Property Rights The granting of the variance is necessary for the preservation of a substantial property rights possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. The parcel and building shape, location, and surrounding existing building and facilities that require the proposed location to be the most feasible and make it difficult to orient the building to meet distance and exit queuing standards. The variance is needed to allow the applicant to develop their property through a use allowed in the same vicinity and zoning district. 7. No Special Privileges The conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 5 of 8 8. No Land Use Variance The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. The applicant is proposing a zone change to Community Commercial which allows for drive- through restaurants. Site Development Permit 2019-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the La Quinta 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 uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies:  Goal LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City and provide a broad range of goods and services to its residents and region.  Goal LU-2 as the project consists of high quality design that complements and enhances the City. The design of the project incorporates the existing architectural style within commercial center but enhances it with modern architectural elements.  Program CIR-1.12.a: Locate land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. The project will be developed with access to existing Villa Cortina Apartments and Seasons residential development, providing an opportunity for jobs and housing near each other. The project is also located in close proximity to existing residential developments to the north, south, and east. Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 6 of 8  Policy CIR-1.16 which requires continued implementation of the Image Corridor treatments throughout the City. This project maintains a height under 22 feet within the first 150 feet from Washington Street, an Image Corridor, which is consistent with the Image Corridor standards.  Policy ED-1.2 as it will support and assist in the retention of existing businesses and the recruitment of new businesses. This proposal is for the retention of an existing Starbucks to construct a new building within the same shopping center. Drive-throughs are an attractive use in facilitating recruitment of new businesses.  Policy ED-1.5 which states projects proposed on commercial land shall be evaluated for their job creating and revenue generating potential. This project’s scope and operations will create jobs and lead to annual sales tax for the City. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and the purpose and intent of the Community Commercial District. The Community Commercial district is intended to meet the needs of a multi- neighborhood area. The project site is located in an area that serves multiple neighborhoods as it abuts existing apartment developments, is in close proximity to the Cove, residential homes east of Washington Street, residential communities on the intersection of Washington Street and Avenue 50, and residential communities north and south of Avenue 52, including future residential communities at SilverRock. 3. Compliance with CEQA The Design and Development Department has determined that the proposed project is consistent with the mitigated negative declaration approved for Plot Plan 91-456 and Environmental Assessment 91-187 and approved on April 16, 1991. As mentioned, the original approval approved a shopping center under a 116,600 square foot of commercial space build out. Subsequent amendments reduced this to 79,333 square feet, which is how it currently exists. This proposal increases the square footage to 82,823, which is still well under the original 116,600 square feet analyzed by the original environmental assessment. Resolution No. 2019-050 Variance 2019-0001, SDP 2019-0002, and EA 2019-0002 Project: Starbucks Adopted: December 3, 2019; Effective: January 17, 2020 Page 7 of 8 4. Architectural Design The architecture and layout of the project is compatible with, and not detrimental to, the existing surrounding commercial land uses, the existing commercial buildings within the shopping center, and is consistent with the development standards in the Municipal Code. 5. Site Design The site design of the project is 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. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture, be compatible with existing landscaping surrounding the building, and helps provide adequate screening for the drive-through. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct, and constitute the Findings of the City Council for this project. SECTION 2. The City Council finds the project consistent with Environmental Assessment 91-187. SECTION 3. The City Council does hereby approve Site Development Permit 2019-0002, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval, incorporated herewith. SECTION 4. The City Council does hereby approve Variance 2019- 0001, for the reasons set forth in this Resolution. SECTION 5. EFFECTIVE DATE: This Resolution shall go into effect concurrent with Ordinance No. 582, introduced at the December 3rd, 2019, regular Council meeting. CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 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 2019-0002 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2019-0002 Variance 2019-0001 Zone Change 2019-0002 Plot Plan 91-456, Amendments 1 and 2 Environmental Assessment 91-187 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. 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 Quinta 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 Planning Division  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)  State Water Resources Control Board  SunLine Transit Agency (SunLine) CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 2 of 14  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 improvements plans for City approval. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. 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 shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP 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. CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 3 of 14 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. D. 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. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The provision for the funding and perpetual maintenance and operation of all post-construction BMPs as required. 6. 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. 7. 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 8. 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. CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 4 of 14 9. Pursuant to the aforementioned condition, conferred rights shall include property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing parking lot that access public streets and open space/drainage facilities. 10. Direct vehicular access to Washington Street and Calle Tampico is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 11. 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. 12. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property unless such easement is approved by the City Engineer. PARKING LOTS and ACCESS POINTS 13. 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 space 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 to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking spaces or as approved by the City Engineer. One van accessible parking space is required per 6 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet as shown on CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 5 of 14 the Preliminary Precise Grading 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. 14. 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. 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. 15. 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. 16. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 17. 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 CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 6 of 14 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. 18. 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). 19. 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. Final WQMP (Plan submitted in Report Form) B. On-Site Precise Grading Plan 1” = 20’ Horizontal NOTE: A through B to be submitted concurrently. (Separate Storm Drain Plans if applicable) 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, Design and Development Director, and the City Engineer. “On-Site 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 accessibility requirements. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the City Engineer. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 7 of 14 Development “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer. 22. 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. GRADING 23. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 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 grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by an engineer 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). CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 8 of 14 E. A WQMP prepared by an appropriate professional registered in the State of California. 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. 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. Building pad elevations on the grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the Site Development Permit preliminary plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 29. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 30. Prior to any site grading or regrading 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 CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 9 of 14 review. 31. 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. DRAINAGE 32. Stormwater handling shall conform with the approved hydrology and drainage reports for the La Quinta Starbucks (SDP2019-0002), or as approved by the City Engineer. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 33. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, 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. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3- hour, 6-hour or 24-hour event producing the greatest total run off. 34. 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. 35. 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. 36. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 10 of 14 requirement for development of this property. 37. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 38. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. This condition may be satisfied by the existing above- ground common retention basin adjacent to the site as long as the requirements of this condition are met. 39. Stormwater may not be retained in landscaped parkways or landscaped setback lots. 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). 40. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 41. 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. 42. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 43. 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. 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 CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 11 of 14 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 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 all post-construction stormwater BMPs. UTILITIES 44. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 45. 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. 46. 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. RIVERSIDE COUNTY FIRE MARSHAL 47. A set of building plans shall be submitted to the Fire Marshal’s office for review 48. A fire flow letter will need to be submitted no or before building plan submittal. A minimum of 1,750 gpm for a 2-hour duration at 20 psi residual is required. 49. A water review will need to be assessed to dictate the need to ad an additional fire hydrant to protect new proposed structure. CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 12 of 14 CONSTRUCTION 50. Project address location shall be updated to 50951 Washington Street as assigned by the Building Division. If alternate address is requested, please provide formal request to the City’s Building Official. 51. Plans shall be prepared to the applicable code at the time of submittal for the building permit, currently the 2016 California Building Standards, but will change to the 2019 California Building standards as of January 2020. 52. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. Plans shall fully detail how the proposed facility complies with the California Accessibility Standards defined in Title 24 Chapter 11B and Federal ADA Regulations. More information is available through the States website as part of AB 3002 here: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List- Folder/AB-3002 53. 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 54. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. All new and modified 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). 57. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Design and Development Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 13 of 14 off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 58. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Design and Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 59. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 60. 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. Design and Development Director 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 justifies an alternative processing schedule. The final landscape plans shall include a low wall/barrier and planter-buffer between the parking lot and outdoor patio. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director and/or City Engineer. 61. 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, 5th 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. 62. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 63. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. 64. Consistent with the letter provided by Sunline dated May 3, 2019, the existing bus stop #869 located on the northwest corner of Calle Tampico and Washington Street could be impacted by the improvement project. According to the proposed plans, bus stop #869 may need to be temporarily closed while CITY COUNCIL RESOLUTION 2019-050 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2019-0002 STARBUCKS ADOPTED: DECEMBER 3, 2019 Page 14 of 14 work is being performed at that located. Contractor performing work shall contact Sunline at least thirty (30) days in advance of work commencing so arrangements can be made to have the existing amenities closed or removed. MAINTENANCE 65. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 66. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 67. 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. 68. 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). 69. The applicant shall return to the Planning Commission within six (6) months of receiving a certificate of occupancy to review the implementation of the drive- through stacking, circulation, and directional signage and the Planning Commission or applicant may propose any additional condition necessary or proper to improve such operation.