PCRES 1995-044PLANNING COMMISSION RESOLUTION 95-044
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING
FINDINGS AND APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A VEHICLE SALES LOT AT 79-410
HIGHWAY 111
CONDITIONAL USE PERMIT 95-022
MR MOE NOURKHAH
WHEREAS, the Planning Commission of the City of La Quinta, California, did on the
10th day of October, 1995, hold a duly noticed Public Hearing to consider the request of Mr. Moe
Nourkhah for approval of a Conditional Use Permit to allow a vehicle sales lot with an existing office
building on a portion of a 2.7 acre site, pursuant to Chapter 9.88 of the La Quinta Municipal Zoning
Code located at 79-410 Highway 111, more particularly described as:
A PORTION OF THE NORTH HALF OF SECTION 29
T5S, R7E, S.B.B.M. (APN 649-020-012)
WHEREAS, said Conditional Use Permit has complied with the requirements of"The
Rules to Implement the California Environmental Quality Act of 1970" (Resolution 83-63), in that
the Community Development Director has determined that the project is categorically exempt per
Public Resources Code Section 21084 and Section 15301(a) (Categorical Exemption) of the State
CEQA Guidelines; and,
WHEREAS, upon hearing and considering all testimony and arguments, if any of all
interested persons desiring to be heard, said Planning Commission did find the following facts,
findings, and reasons to justify approval of said Conditional Use Permit:
The proposed use will not be detrimental to the health, safety, or general welfare of the
community because the City permits vehicle sales in its CPS Zoning District and no expansion
of the site is being made. Vehicle repair will not be permitted because it cannot be done
inside a fully enclosed building designed for this type of use.
2. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements of the
City because the use of the property is considered temporary until the 2.7 acre is fully
developed. Minor site improvements are necessary and will be made to bring the site into
conformance with many of the provisions outlined in the current Zoning Code. The use of
the site will be permitted for an initial two-year period provided certain improvements are
made or fees are paid.
That the proposed project is exempt from the provisions of the California Environmental
Quality Act Public Resources Code Section 21084 and State CEQA Guidelines (Section
15301(a)), but mitigation measures have been included to address the Fringe. -Toed Lizard
res pc.136
Planning Commission Resolution 95-044
Habitat Conservation Plan and Archaeological Impacts (Appendix "K") which have occurred
because a portion of the site was graded without City approval.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the Commission
in this case.
2. That it does hereby approve Conditional Use Permit 95-022 for the reasons sett forth in this
Resolution and subject to the attached conditions, labeled Exhibit "A".
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this I Oth day of October, 1995, by the following vote, to wit:
AYES: Commissioners Adolph, Anderson, Barrows, Butler, Gardner, Newkirk and Chairman
Abels.
NOES: None
ABSENT: None
ABSTAIN: None
ABELS, Chairman
Quinta, California
ATTEST:
tY HE AN, Community Development Director
of La umta, California
resope. 136
PLANNING COMMISSION RESOLUTION 95-044
CONDITIONS OF APPROVAL - APPROVED EXHIBIT "A"
CONDITIONAL USE PERMIT 95-022, MR. MOE NOURKHAH
OCTOBER 10, 1995
1. The development of this site shall conform with the exhibits contained in the
file for Conditional Use Permit 95-022, unless otherwise amended by the
following conditions.
2. The approval of this conditional use permit shall be valid for a period of two
years, expiring October 10, 1997. Two months prior to the two-year
expiration period, the applicant shall make a written request to the Planning
Commission to review the used car lot operation for compliance with the
conditions contained herein. The Commission may approve a time extension.
The review shall be conducted as a public hearing and notices will be mailed
to all adjacent property owners as prescribed. The City Council shall review
all actions of the Commission, as a report of action (or equivalent).
3. That all the provisions of Chapter 9.88 of the Municipal Planning and Zoning
Code shall be met or adhered to during the operation of the business. A City
business license shall be obtained to conduct business from the existing on -site
building.
4. Any on -site construction shall comply with all local and State building code
requirements in effect at the time of issuance of a building permit.
5. Prior to issuance of a Business License, all existing parking lot lights shall be
removed.
6. Prior to issuance of a Business License, the applicant shall submit to the
Community Development Department for review and approval thie following
items:
A. A total of $1,200 shall be paid in accordance with the required
mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat
Conservation Program, as adopted by the City in the amount of $600
per acre of previously graded land.
Conaprvl.337
Planning Commission Resolution 95-044
Conditions of Approval
Conditional Use Permit 95-022
October 10, 1995
B. Submittal of a Fugitive Dust Control Plan (FDCP) that shall be
implemented as required by staff. All previously graded areas shall be
maintained in a condition so as to prevent a dust and blowsand nuisance
and shall be either planted with interim landscaping or provided with
other wind and water erosion control measures as approved by the
Community Development and Public Works Departments.
C. Process through the appropriate legal instrument, an irrevocable offer to
dedicate sufficient Highway 111 right-of-way to effect an E16-foot half
width from the existing centerline of the street, for approval by the
Director of Public Works.
D. Revise the site as follows:
1. Specify six guest and employee parking spaces including one
handicap parking space with the dimensions of 16-feet in width
and 19-feet in depth.
2. Provide a parking lot striping plan including directional arrows,
stop signs, no parking areas, and parking spaces shall be
approved by the Community Development and Engineering
Departments.
3. Specify the location, size, color and materials of the trash
enclosure.
E. Revise the landscape and irrigation plans as follows:
1. Specify that plant materials, proposed within the setback along
Highway 111, shall be maintained at a height not to exceed 30-
inches from the ground surface, except adjacent to chain link
fence.
2. Specify the addition of a minimum of four 24"-box shade trees,
along Highway 111, to the proposed plant palette.
3. Specify a total of two trees, each will be located on either side of
the eight space display area on the south side of the parking lot.
4. Provide adjacent to, or on, chain link fence at front of property,
plant materials which will screen said fence from view of Highway
111.
Conaprvl.337 2
Planning Commission Resolution 95-044
Conditions of Approval
Conditional Use Permit 95-022
October 10, 1995
F. The plant materials and irrigation shall be installed in accordance with
the approved plans.
G. Submittal of a sign elevation drawing indicating overall letter/figure
design dimensions, colors materials, and proposed copy. No alterations
shall be made to the existing freestanding structure.
H. Submittal of a 'letter of intent" with a color board that the building shall
be repainted by December 10, 1995. The color board shall :specify the
use of desert earth tone hues.
7. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than
2A10BC in rating. Contact certified extinguisher company for proper
placement of equipment.
8. A durable sign stating 'This door to remain unlocked during business hours"
shall be placed on or adjacent to the front exit doors. The sign shall be in
letters not less than one inch high on a contrasting background.
9. Traffic flow along the existing "U" shaped drive shall be restricted to one-way
in a westerly direction. The applicant shall post appropriate signs, as approved
by the City Engineer, at the interior and exterior ends of each access point to
Highway 111.
10. The applicant acknowledges that future improvements on Highway 111 will
restrict access to this development to right-in/right-out access.
11. No automotive repair or service work shall be conducted at the site. This
includes oil changes, tune ups, and transmission repair. Battery charging and
washing vehicles are permitted.
12. Any expansion to this nonconforming lot, land use or structure and/or
subdivision of this parcel for land sale purposes shall require conformance with
the applicable district regulations and City Subdivision Ordinance.
ConapM.337 3
Planning Commission Resolution 95-044
Conditions of Approval
Conditional Use Permit 95-022
October 10, 1995
13. If any work is necessary with the State right-of-way, the property
owner/developer must obtain an encroachment permit from Caltrans prior to
any work beginning. They can be reached by calling (909) 383-4536.
14. The building address numbers shall be eight inches in height and mounted so
that they are visible from Highway 111 (i.e., contrasting background). A
supplemental address can be posted on the chain link fence if the building
letters are not visible.
15. Advertising on each vehicle shall be limited to price only. The advertising shall
not exceed 5-inches in height and 12-inches in length. All other forms of
advertising shall be consistent with the City's Sign Ordinance or Municipal
Code (Special Advertising).
16. No loading and/or unloading of vehicles shall occur off -site (i.e., along Highway
111).
ConapM.337 4