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PCRES 2000-048PLANNING COMMISSION RESOLUTION 2000-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO THE CITY COUNCIL TO ALLOW THE SALE OF GOLF CARTS WITHIN A RETAIL SHOPPING CENTER. CASE NO.: CONDITIONAL USE PERMIT 2000-050 APPLICANT: JDD, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 2000, hold a duly noticed Public Hearing to consider the request of JDD, LLCto allow the sales of golf carts within a retail shopping center development. WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-8, in that a Mitigated Negative Declaration under Environmental Assessment 2000-399 has been recommended with mitigation measures 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 justify a recommendation for approval of said Conditional Use Permit. 1 . The Conditional Use Permit is consistent with the City's General Plan in that the proposed project furthers the City's General Plan goals for a full service community. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The approval of this Conditional Use Permit is consistent with the Zoning Ordinance and Specific Plan in that golf cart sales locations will conform to development standards outlined in the Specific Plan namely parking, lighting, building height, landscaping and setbacks. 3. An Environmental Assessment has been prepared in accordance with CEQA, and a Mitigated Negative Declaration is to be prepared. 4. The proposed land uses will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that an Environmental Assessment has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise and lighting. C:\My Documents\WPDOCS\PCResoCUPLQC050.WPD I Planning Commission Resolution 2000-048 La Quinta Court-JDD, LLC July 25, 2000 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 constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend to the City Council approval of Conditional Use Permit 2000-050 to allow the sales of golf carts within a retail shopping center development, subject to the Conditions of Approval, attached hereto and made a part. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 25th day of July, 2000, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None ABSENT: None ABSTAIN: None STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: RY PERMAN, Community Development Director of La Quinta, California C:\My Documents\WPDOCS\PCResoCUPLQC050.WPD 2 CONDITIONS OF APPROVAL - ADOPTED . CONDITIONAL USE PERMIT 2000-050 La Quinta Court, JDD, LLC. July 25, 2000 1. The development shall comply with Specific Plan 2000-047, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 2000-047. 3. Any outdoor sales or display areas proposed for a golf cart location shall require Community Development Director approval. The plan shall demonstrates how the outdoor sales or display area will be integrated into the site design. 4. No vehicle service facility or uses shall be permitted on the project site. 5. Should any area to be utilized for outdoor sales or display reduce the number of parking spaces shown within Specific Plan 2000-047, the application shall demonstrate how the loss of these parking space(s) has been mitigated. 6. The subdivider 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 tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. CAMy Documents\WPDOCS\PCResoCUPLQC050.WPD 3