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PC Resolution 2021-013 Panera Rest Drive-Thru; CUP 2021-0001 & SDP 2021-0006 PLANNING COMMISSION RESOLUTION 2021 - 013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2021-0001 AND SITE DEVELOPMENT PERMIT 2021-0006 FOR A NEW 4,335 SQUARE FOOT DRIVE-THROUGH BUILDING FOR A PANERA RESTAURANT AT 78902 HIGHWAY 111 CASE NUMBERS: CONDITIONAL USE PERMIT 2021-0001, SITE DEVELOPMENT PERMIT 2021-0006, AND ENVIRONMENTAL ASSESSMENT 2021-0004 (MASTER PROJECT 2021-0003) APPLICANT: RSI GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on October 26, 2021, hold a duly noticed Public Hearing to consider a request by RSI Group for approval of a Conditional Use Permit and Site Development Permit for a new drive-through restaurant located at 78902 Highway 111 more particularly described as: APN 643-080-051 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 15, 2021, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Conditional Use Permit 2021-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Conditional Use 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 the General Commercial designation encourage commercial uses in the City and the proposed use maintains those Planning Commission Resolution 2021 - 013 Master Project 2021-0003 Applicant: Panera Restaurant Adopted: October 26, 2021 Page 2 of 5 policies. The proposed project is consistent with Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2.Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and Specific Plan 89-014 in terms of site plan and landscaping. The Conditional Use Permit has been conditioned to ensure compliance with the Zoning Code’s development standards, and is consistent with uses allowed in the Regional Commercial zone and Specific Plan project area. 3.Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this project is consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52 for the One-Eleven La Quinta Center Specific Plan. 4.Surrounding Uses The proposed project, as conditioned, will not create conditions material detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The project is compatible with surrounding commercial, and drive-through businesses. Site Development Permit 2021-0006 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 the General Commercial designation encourage commercial uses in the City and the proposed use maintains those policies. The proposed project is consistent with Goal ED-1 as it will Planning Commission Resolution 2021 - 013 Master Project 2021-0003 Applicant: Panera Restaurant Adopted: October 26, 2021 Page 3 of 5 contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2.Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and Specific Plan 89-014 in terms of site plan and landscaping. The Site Development Permit has been conditioned to ensure compliance with the Zoning Code’s development standards, including standards for parking lot design, amount of parking required, and height standards, as well as consistency with the Specific Plan which allows for this drive-through location and use and is consistent with the rest of the Specific Plan. 3.Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this project is consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52 for the One-Eleven La Quinta Center Specific Plan. 4.Architectural Design The proposed project, as conditioned, is consistent in design with the Zoning Code, with development in the Regional Commercial zone, and with development within the subject Specific Plan. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. 5.Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Regional Commercial zone and the City. The site design meets all requirements for drive-through facilities meanwhile activating pedestrian access off Highway 111 with its connection to sidewalks from an outdoor dining area. Planning Commission Resolution 2021 - 013 Master Project 2021-0003 Applicant: Panera Restaurant Adopted: October 26, 2021 Page 4 of 5 6.Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. 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 is determined to be consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52; SECTION 3. That it does hereby approve Conditional Use Permit 2021-0001, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. SECTION 4. That it does hereby approve Site Development Permit 2021- 0006, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on October 26, 2021, by the following vote: AYES: Commissioners Caldwell, Currie, Hassett, McCune,Proctor, and Tyerman NOES: Chairperson Nieto ABSENT: None ABSTAIN: None PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2021-0001 APPLICANT: PANERA RESTAURANT ADOPTED: OCTOBER 26, 2021 Page 1 of 1 CONDITIONS OF APPROVAL 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.Conditional Use Permit 2021-0001 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Specific Plan 1989-014 and all subsequent amendments Environmental Assessment 1989-150 Site Development Permit 2021-0006 Environmental Assessment 2021-0004 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.This Conditional Use Permit shall expire on October 26, 2023, and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080 4.Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. EXHIBIT A PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL - APPROVED SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 1 of 14 CONDITIONS OF APPROVAL 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 2021-0006 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Specific Plan 1989-014 and all subsequent amendments Environmental Assessment 1989-150 Conditional Use Permit 2021-0001 Environmental Assessment 2021-0004 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.This Site Development Permit shall expire on October 26, 2023, and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080 4.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 Public Works Department (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) EXHIBIT B PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 2 of 14 Imperial Irrigation District (IID) California Regional Water Quality Control Board (CRWQCB) State Water Resources Control Board SunLine Transit Agency 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. 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. The applicant 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. B. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed. 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 PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 3 of 14 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. 9.Pursuant to the aforementioned condition, conferred rights shall include 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 lot that access public streets and open space/drainage facilities of the master development. 10.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, or other encroachments will occur. PARKING LOTS and ACCESS POINTS 11.The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking spaces 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 accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that accessibility issues can be evaluated. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 4 of 14 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 30 feet or as approved by the City Engineer. 12.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. or the approved equivalents of alternate materials. 13.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. 14.Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 15.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. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 5 of 14 IMPROVEMENT PLANS 16.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 LQMC Section 13.24.040 (Improvement Plans). 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. Final WQMP (Plan submitted in Report Form) B. On-Site Commercial Precise Grading 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 Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial 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. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 6 of 14 19.The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works 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. 20.The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 21.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 22.The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 23.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. A. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: B. A grading plan prepared by a civil engineer registered in the State of California, PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 7 of 14 C. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, D. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and E. A WQMP prepared by an authorized professional registered in the State of California, and All grading shall conform with the recommendations contained in the 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. 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. 24.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. 25.Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with the pad elevation shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pad elevation will need to be shown on final precise grading plan. 26.Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 8 of 14 27.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 28.Stormwater handling shall conform with the approved hydrology and drainage report for One-Eleven La Quinta Shopping Center, or as approved by the City Engineer. 29.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). 30.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 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 PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 9 of 14 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 31.The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 32.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. 33.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 32.Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24-feet exclusive of curb-side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 10 of 14 A. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. 33.Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 34.3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 35.Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 36.Fire Sprinkler System: All new commercial structures 3,600 square feet or larger will be required to install a fire sprinkler system. Ref. CFC 903.2 as amended by the City of La Quinta. 37.Private Fire Main: Modifications of the existing private fire main service from the existing in vault backflow prevention device and to the supply service of the required overhead automatic fire sprinkler system shall be approved by fire permit review. Ref. CFC 105.7.1 38.Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 39.Knox Box Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. Ref. CFC 506.1 PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 11 of 14 40.Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 CONSTRUCTION 34.Plans shall be prepared to the applicable code at the time of submittal for building permit. As of January 1, 2020, these are the 2019 California Building Codes. 35.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. a. The parallel curb ramp design as currently shown from building to accessible parking space will require a warning curb per CBC 11B-303.5 for abrupt changes in level exceeding 4 inches in a vertical dimension. b. Walk Up Sale and Service Counter required to comply with CBC 11B-227 / 904.4. c. Protruding objects, including a projecting sale or service counter, shall comply with CBC 11B-307. 36.The provisions of California Green Building Standards Code outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties, please provide compliance information on plans as applicable. Include planning and design requirements of division 5.1, and the applicable water efficiency and conservations and the material conservation and resource efficiency for exterior items of division 5.3, and 5.4 respectfully. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 12 of 14 37.The City will conduct final inspections of habitable building only when the buildings have parking lot improvements 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 38.The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 39.The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead or dying plant material immediately replaced with healthy plant material of equivalent size. 40.Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 41.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). 42.Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager 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 off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 43.All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. PLANNING COMMISSION RESOLUTION 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 13 of 14 44.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. 45.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. Final Landscape Plans shall be consistent with the Preliminary landscaping plans shown in Site Development Permit 2021-0006, including tree container size being a minimum 24” box size. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 46.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. MAINTENANCE 47.The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 48.The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 49.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 2021-013 CONDITIONS OF APPROVAL SITE DEVELOPMENT PERMIT 2021-0006 APPLICANT: PANERA RESTAURANT ADOPTED: October 26, 2021 Page 14 of 14 50.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). 51.Construction plans shall include a traffic calming feature at the crosswalk that extends over the drive-through lane.