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PCRES 2001-134RESOLUTION NO. 2001-134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A COMMERCIAL OFFICE USE CASE NO.: CONDITIONAL USE PERMIT 2001- 064 LATHROP DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta did on the 23rd day of October, 2001, hold a duly noticed public hearing to consider the request of Lathrop Development for approval of a Conditional Use Permit for commercial and office uses, located north of Avenue 47, west of Adams Street within the Washington Square Specific Plan, more particularly described as: A.P.N 643-090-016 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 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-429), and determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, WHEREAS, at said public hearing 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 and reasons to justify the recommendation for approval of the Conditional Use Permit: 1. The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. This project has been designed to be consistent with the provisions of the Zoning Code or amended as allowed in the applicable Specific Plan. 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified. Resolution No. 2001-134 Conditional Use Permit 2001-064 October 23, 2001 Page 2 4. The site design of the project is appropriate for the use in that it has been designed with the appropriate parking and vehicular access, and provided with adequate landscaping. 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 the Planning Commission in this case. 2. That it does hereby recommend that a Mitigated Negative Declaration be certified for this project. 3. That it does hereby recommend to the City Council approval of the above -described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of October, 2001, by the following vote to wit: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None IIWA f 111011111011 Quinta, California ATTEST: JERKY ERmAN, Community Development Director City, of La Quinta, California P:\PC Reso & COA\PC RESO CUP 2001-064.wpd PLANNING COMMISSION RESOLUTION 2001-134 CONDITIONS OF APPROVAL -ADOPTED CONDITIONAL USE PERMIT 2001-064 LATHROP DEVELOPMENT OCTOBER 23, 2001 1. Developer 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 its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. The use of the subject property for commercial uses shall be in conformance with the approved exhibits and Conditions of Approval contained in Conditional Use Permit 2001-064, Specific Plan 1987-011, Amendment No. 3, Site Development Permit 2001-708 and Environmental Assessment 2001-429, unless otherwise amended by the following conditions. 3. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. P:\PC Reso & COA\PC COA CUP 2001-064.wpd