PCRES 1997-056PLANNING COMMISSION RESOLUTION 97-056
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS
AND APPROVING AN EXTENSION OF TIME FOR
CONDITIONAL USE PERMIT 95-022 (EXTENSION #1)
PERMITTING A USED VEHICLE SALES LOT AT 79-410
HIGHWAY 111
CASE NO. CUP 95-022 - CLAYTON SUITT
(FOR MR. AND MRS. NOAH T. SUITT, JR.)
WHEREAS, the Planning Commission of the City of La Quinta, did on the 12'h
day of August, 1997, hold a duly noticed public hearing to consider an extension of time for an
existing non -conforming used vehicle sales lot approved by the City in 1995 at 79-410 Highway
111, more particularly described as:
A portion of the North'/2 of Section 29, Township 5 South, Range 7 East, SBBM (APN:
649-020-012)
WHEREAS, the City Council of the City of La Quinta, did on the 171h day of
October, 1995, accept the Report of Action by the Planning Commission issued for CUP 95-
022; and
WHEREAS, the Planning Commission, on the 10" day of October, 1995, on a
7-0 vote, approved the operation of a used vehicles sales lot at 79-410 Highway 111, subject
to Findings and Conditions (Resolution 95-044); and
WHEREAS, the Planning Commission, did on the 101h day of October, 1995, hold
a public hearing on CUP 95-022 to consider a request to establish a temporary used vehicles
sales lot in a CPS District on a portion of a 2.7-acre; and
WHEREAS, said time extension request is not considered a project and does
not require further environmental consideration under the provisions of the California
Environmental Quality Act (CEQA); 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 (Time Extension
#1):
Under the Conditional Use Permit, this non -conforming independent used vehicle sales
business will not be detrimental to the health, safety or general welfare of the community
because it is a temporary use, as Conditioned. Vehicle repair will not be permitted
because it cannot be done inside a fully enclosed building designed for this type of use.
RESOPM TP95-022EXT(FQJAL)-I9 Page I of 2
Planning Commission Resolution 97-056
CUP 95-022, Extension #1
August 12, 1997
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
site is fully developed. Minor site improvements have been 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 a one year period, provided certain violations are
corrected.
3. That the proposed project is exempt from the provisions of the California Environmental
Quality Act Public Resources Code Section 21082 and State CEQA Guidelines (Section
15301(a)), but mitigation measures have been complied with.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of La Quinta, California, as follows:
That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That it does hereby approve Conditional Use Permit 95-022 (Time Extension #1),
subject to the attached Conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 1211 day of August, 1997, by the following vote, to wit:
AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard and Chairman
Butler.
NOES: None.
ABSENT: None.
ABSTAIN: None.
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
RY H MAA, Community Development Director
of La buinta. California
Resope.137 Page 2 of 2
PLANNING COMMISSION RESOLUTION 97-056
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 95-022 (EXTENSION #1)
AUGUST 12, 1997
+ Modified by the Planning Commission on August 12, 1997
CONDITIONS OF APPROVAL
1. The development of this site shall conform with the file for Conditional Use Permit
95-022 (Extension #1), unless otherwise amended by the following Conditions.
2.+ The approval of this Conditional Use Permit shall be valid for two years following
October 10, 1997, or until after 45 days of opening of an Auto Mall dealership
(Certificate of Occupancy), provided the following site modifications or
improvements are made by October 1, 1997:
A. Provide parking for guests and employees as depicted on the approved
stripping plan and remove all vehicles from the areas approved for
landscaping (i.e., gravel areas, etc.).
B. Remove the illegal temporary banner mounted on the building and two other
sandwich board signs at the project entryways.
C. Remove the illegal parking lot lights along the east property line.
D. Install adjacent to, or on, the chain link fence at the front of the property,
plant materials which will screen said fence from view of Highway 111, per
approval on October 10, 1995 (Condition No. 6 (E4)).
E. Remove debris from the north side of the vehicle sales lot adjacent to the
existing Tamarisk trees.
If these improvements or modifications are not made by October 1, 1997, this case
will expire on November 10, 1997.
3. That all the provisions of the Municipal Code shall be met or adhered to during the
operation of the business.
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. Maintain a portable fire extinguishers per NFPA, Pamphlet #10, but not less than
CONDCUP95022-18 1
Planning Commission Resolution 97-056
Conditions of Approval
Conditional Use Permit 95-022 (Extension #1)
August 12, 1997
2A10BC in rating.
6. Maintain 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.
7. Maintain 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.
8. The applicant acknowledges that future improvements on Highway 111 will restrict
access to this development to right-in/right-out access.
9. 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.
10. 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.
11. 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.
12. Advertising on each vehicle shall be limited to the 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).
13. No loading and/or unloading or vehicles shall occur off -site (i.e., along Highway
111).
CONDCUP95022-18 2