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PCRES 1998-022PLANNING COMMISSION RESOLUTION 98- 022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT 97- 036, TO ALLOW CONSTRUCTION OF AN AUTO MOBILE SERVICE STATION AND A CAR WASH CASE NO.: CONDITIONAL USE PERMIT 97-036 APPLICANT: SHELL OIL COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28TH day of April, 1998, hold a duly noticed Public Hearing and continued said Public Hearing to the 12' day of May, 1998 to consider Conditional Use Permit 97-036, to allow construction of a 2,615 square foot Food Mart with a 3,880 square foot service bay canopy, and a 900 square foot Car Wash, generally located at the northwest corner of Highway I I I and Adams Street, more particularly described as: APN: BOOK 643 MAP 08 PARCEL 6 WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83- 63) in that the Community Development Department Director has conducted, and adopted under Resolution 90-27, an Initial Study (Environmental Assessment 89-150) and has determined that the proposed project is within the scope of EA 89-150 and that no further environmental review is necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval to justify a recommendation for approval of said Conditional Use Permit 97-036: That the proposed Conditional Use Permit is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed Commercial which permits the uses proposed for the property. The proposed commercial building and car wash are consistent with the City's Zoning Code in that development standards and criteria contained in the Specific Plan as conditioned, supplement, replace, or are consistent with those in the City's Zoning Code. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or incompatible with surrounding properties. The adjacent properties are PCRESO.CUP 97-036 Plannuis Commission Resolution 98-022 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. The adverse impact of the project are mitigated to an acceptable level and generally in conformance with the Dark Sky Ordinance with a soft lighting design which includes limiting the height, direction and wattage of the lights fixtures, shielding the light fixtures, and limiting the hours of night operation. 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 Commission in this case, 2. That it does hereby recommend approval of the above -described Conditional Use Permit request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 12th day of May, 1998, by the following vote, to wit: YES: Commissioners Abels, Kirk, Woodard and Chairman Butler. NOES: Commissioners Gardner, Seaton, and Tyler. ABSENT: None .ABSTAIN: None RI H BUTLER Chairman City of La Quinta, California ATTEST: tY HER41AN, Community Development Director of La Quinta, California PCRESO.CUP 97-036 PLANNING COMMISSION RESOLUTION 98-022 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 97-036 MAY 12, 1998 Applicant agrees to lower the lighting level of the project by: 1) reducing the number of luminaries proposed for the ceiling of the service bay canopy structure to sixteen (16) and, 2) to recess said luminaries into the ceiling of the service bay canopy to reduce lighting and glare levels. 2. Any and all exterior lighting modifications are to be approved by the Planning Commission as an Amendment to this Conditional Use Permit. Hours of refueling will occur from 7:00 p.m. to 7:00 a.m. Immeolmlelwom 4. Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select is defense counsel at its sole discretion.