PCRES 1999-082PLANNING COMMISSION RESOLUTION 99-082
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A FUELING
STATION, MINI MART, AND AUTOMATED TUNNEL CAR
WASH WITHIN THE REGIONAL COMMERCIAL (CR)
ZONING DISTRICT AT THE NORTHWEST CORNER OF HWY
111 AND DUNE PALMS ROAD.
CASE NO.: CONDITIONAL USE PERMIT 99-046
APPLICANT: USA GASOLINE
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 14th day of December, 1999, hold a duly noticed Public Hearing, at the
request of USA Gasoline, to consider allowing a fueling station with a related mini
mart and automated tunnel car wash within the Regional Commercial (CR) Zoning
District, located at the northwest corner of Hwy 111 and Dune Palms Road, more
particularly described as:
APN's: 649-020-011 and -030
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said Planning
Commission did make the following findings to justify the approval of said Conditional
Use Permit:
1. Consistency with General Plan. The proposed land use is consistent with the
policies, goals, and intent of the General Plan in that such services and activities
within a regional commercial district enhance the quality of life in the adjacent
community and the City of La Quinta.
2. Consistency with Zoning Code and Specific Plan. The proposed fueling station,
mini mart, and automated tunnel car wash land use are consistent with the
intent of the Regional Commercial Zoning District, and with the La Quinta
Corporate Centre Specific Plan (SP 99-036), subject to an approved conditional
use permit and the attached conditions of approval.
3. Consistency with CEQA. A Mitigated Negative Declaration of Environmental
Impact was certified by City Council Resolution 99-110 for Environmental
Assessment 99-383 on September 7, 1999, for SP 99-036, of which this
project is a part. No changed circumstances, or conditions, are proposed that
would require the preparation of a subsequent environmental assessment
pursuant to Public Resources Code Section 21166.
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Planning Commission Resolution 99-082
Conditional Use Permit 99-046 - USA Gasoline
December 14, 1999
4. Consistency with Surrounding Uses. The proposed fueling station, mini mart,
and automated tunnel car wash land uses are consistent with the existing and
planned surrounding regional commercial and industrial uses within the La
Quinta Corporate Centre. The operation of the fueling station, mini mart, and
automated tunnel car wash will be 24-hours a day, everyday.
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
said Planning Commission in this case;
2. That it does hereby approve the above described Conditional Use Permit, 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 14th day of December, 1999, by the
following vote, to wit:
AYES: Commissioners Abels, Butler, Robinson, Tyler, and Chairman Kirk
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RK, Chairman
La Quinta, California
ATTEST:
W HERI AN, Community Development Director
of La Quinta, California
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PLANNING COMMISSION RESOLUTION 99-082
CONDITIONAL USE PERMIT 99-046
CONDITIONS OF APPROVAL - ADOPTED
USA GASOLINE
DECEMBER 14, 1999
The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta
(the "City"), its agents, officers and employees from any claim, action or proceeding
to attack, set aside, void, or annul the approval of this Conditional Use 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.
Approval of this Conditional Use Permit is subject to compliance with Sections
9.210.020 and 9.170.010 of the Zoning Code, as applicable.
3. Development of this site shall be in substantial conformance with Exhibits approved
and contained in the file for Conditional Use Permit 99-046, unless amended by the
following conditions.
4. The approved Conditional Use Permit shall be used within one year from City
approval date of December 14, 1999; otherwise, it shall become null and void and
of no effect whatsoever. "Be used" means beginning of substantial construction as
allowed by this approval. One year time extensions up to a total of two extensions
may be requested pursuant to City requirements.
5. This Conditional Use Permit shall be used in conjunction with Site Development
Permit 99-657.
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