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CC Resolution 2006-004RESOLUTION NO. 2006-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING USES FOR A FUELING FACILITY, TIRE INSTALLATION FACILITY AND A RETAIL USE OVER 50,000 SQUARE FEET IN A COMMERCIAL PARK ZONE CASE NO.: CONDITIONAL USE PERMIT 2005-092 APPLICANT: COSTCO WHOLESALE WHEREAS, the City Council of the City of La Quinta, California, did on the 3RD day of January, 2006 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ± 26.53 acres generally located south of Highway 1 1 1 and Depot Drive more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22nd day of November, 2005 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, and recommended approval of said Specific Plan including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ±26.53 acres generally located south of Highway 111 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-549 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been reviewed and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005-058; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 121h day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. 2006-002 adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and Resolution No. 2006-004 Conditional Use Permit 2005-092 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 WHEREAS, at said public hearing, the Project materials, FEIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Conditional Use Permit 2005- 092. 1 . The proposed uses for the commercial buildings are consistent with the City's General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP). The uses are consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The proposed uses are consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075 in that the Project is a permitted use and complies with the development standards and design guidelines. 3. The proposed uses contained in the Komar Desert Center Specific Plan 2005- 075 are consistent with, supplement, or replace the City's Zoning Code. 4. That approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare, or injurious to, or incompatible with the properties and land uses in the vicinity in that the public agencies have reviewed the proposed use for these issues with no significant concerns identified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta. California. as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 2005-092 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of January, 2006 by the following vote: Resolution No. 2006-004 Conditional Use Permit 2005-092 Costco Wholesale and Komar Investments Adopted: January 3,2006 Page 3 AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None DON ADOLPH, MV yor City of La Quinta California ATTEST: JUNE REEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE ANSON-, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2006-004 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2005-092 COSTCO WHOLESALE ADOPTED: JANUARY 3, 2006 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. All conditions of approval for Specific Plan 2005-075 and Site Development Permit 2005-833 are incorporated by reference. FIRE MARSHALL 3. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 4. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding vehicle code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff Department should be directed to the Senior Deputy at (760) 863-8950. nTHFR 5. In order to minimize site operation noise intrusion and comply with the City of La Quinta Noise Ordinance the following shall be complied with: A. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the adjacent property. B. Trucks shall not pick up refuse before 7:00 a.m. Resolution No. 2006-004 Conditions of Approval — FINAL Conditional Use Permit 2005-092 Costco Wholesale Adopted: January 3, 2006 Page 2 C. Parking lot sweeping with vacuum trucks shall not occur after 10:00 p.m. or before 6:00 a.m. D. Refrigeration trucks shall not be parked in the drive aisle- behind the store from .10:00 p.m. to 7:00 a.m. if their freezer units are running. 6. All mitigation measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with.