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PCRES 1997-003PLANNING COMMISSION RESOLUTION 97-003, A RESOLUTION OF THE PLANNING CONIMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECONL\ENDING APPROVAL OF CONDITIONAL USE PERMIT 96-029, TO ALLOW DEVELOPMENT OF VARIOUS USES IN CONJUNCTION WITH ANS1,11.0 SQUARE FOOT MIXD-USE COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES CONDITIONAL USE PERMIT 96-029 LAPIS ENERGY ORGANIZATION, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12'' day of November, 1996. hold a duly noticed Public Hearing to consider Conditional Use Permit 96-029, to allow various uses in conjunction with requesting approval for a 8 1, 110 square foot commercial project on a 1029 acre (gross) site, and, WHEREAS, at said Public Hearing, the Planning Commission did take action to continue consideration of the referenced application to a regular meeting of January 14 ', 1997; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14' day of January, 1997, did reconvene the Public Hearing to continue consideration of Conditional Use Permit 96-029; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 96-328), and a Mitigated Negative Declaration has been recommended for certification; 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 justiN a recommendation on said Conditional Use Permit: 1. The proposed Conditional Use Permit land uses are deemed as consistent with the La Quinta General Plan, as development of the uses as conditioned will further the implementation of Policies 2-3.1. 1 and 2- 3.2.1, which essentially call for uses drawing from a regional trade area, in that the proposed automotive uses cater to a regional market, and are further identified as appropriate uses with approval of a Conditional Use Permit. 2. The proposed Conditional Use Permit land uses are consistent with the Zoning Code, in that these uses have been identified as permitted, subject to conditions on operation of those uses being applied. Approval of the Conditional Use Permit application will assure this through regulation of these uses as dictated by the Zoning Code. paes022.cup Flvmim_ conuuivfon Resolution')'-003 The requirements of CEQA have been complied with, in that an Initial Study was prepared (EA 96-3,2S), which concluded that no significant impacts from implementation of the Specific Plan \vill occur. with incorporation of mitigation as identified in the Environmental Assessment. The applicant has agreed to implementing the necessary mitigation prior to site development activities and is in concurrence with project conditions relating to this. 4. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or incompatible with surrounding properties. The area in the vicinity is designated and zoned for commercial use, and the site is located at the intersection of two arterial roadways, which commonly attracts automotive -based commercial uses. The conditional uses proposed are a consistent representation of the uses which would be proposed for surrounding sites as long as the current General Plan land use and zoning designations are applicable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follo%ys: 1. That the recitations are true and correct and constitute the finclings of the Planning Commission regarding this Conditional Use Permit application. That it does hereby recommend to the Cite Council approval of Conditional Use Permit 96- 029, for the reasons set forth in this Resolution and subject to approval conditions, attached hereto, as Exhibit "A" and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14" day of January, 1997. by the following vote, to wit: APES: Commissioners Butler. Newkirk, Seaton, Tyler, Woodard and Chairman Abels. NOES: Commissioner Gardner. ABSENT: None. ABSTAIN: None. JACQS ABELS, Chairman /City o La Quinta, California ATTEST: JERR?l HERN AN, Contrttunity Development Director C/itv�of La Quinta, California peres029.cup PLANNING COMMISSION RESOLUTION 97- 003 EXHIBIT W CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 96-029 - LAPIS ENERGY ORGANIZATION, INC. JANUARY 14, 1997 1. CUP 96-029 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 96-328 • Specific Plan 96-028 • Site Development Permit 96-590 • Tentative Parcel Map 28422 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 2. Approval for CUP 96-029 shall be in effect for the duration of the approval period for Specific Plan 96-028. 3. Establishment or conversion of any use authorized under this approval shall not occur unless the appropriate applications, as deemed necessary by the Community Development Department, have been filed for review and approval. coalapis.cup