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PCRES 2001-152PLANNING COMMISSION RESOLUTION 2001-152 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GASOLINE SERVICE STATION AND CAR WASH WITHIN A NEIGHBORHOOD SHOPPING CENTER CASE NO.: CONDITIONAL USE PERMIT 2001-066 APPLICANT: RLF DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 1th day of December, 2001, hold a duly noticed Public Hearing to consider the request of RLF Development, to allow the construction of a gasoline service station at the northeast corner of Avenue 52 and Jefferson Street; and 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 Environmental Assessment 2001-433 was prepared; 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). 2. The approval of this Conditional Use Permit is consistent with the Zoning Ordinance in that the project will conform to development standards and the standards included in Specific Plan 2001-054. 3. The proposed land use 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 the project will integrate into the existing neighborhood. 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 constitute the findings of the Planning Commission in this case; G:\WPDOCS\PC Resolutions\BartlettCUPReso.WPD Planning Commission Resolution 2001-152 Conditional Use Permit 2001-066 RLF Development Adopted: December 11, 2001 2. That the Planning Commission does hereby approve Conditional Use Permit 2001-066 to allow a gasoline service station of a portion of a 15 acre neighborhood commercial shopping center. 3. That it does hereby confirm the conclusion that the Environmental Assessment (EA 2001-433) assessed the environmental concerns of this Conditional Use Permit. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this 11th day of December, 2001, by the following vote, to wit: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None ATTEST: M 1U S ABELS, Chairman of Ya Quinta, California ty Development Director G:\WPDOCS\PC Resolutions\BartlettCUPReso.WPD PLANNING COMMISSION RESOLUTION 2001-152 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2001-058 RLF DEVELOPMENT DECEMBER 11, 2001 1 . 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 amendment 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. 2. The development shall comply with Site Development Permit 2001-711, and all applicable Conditions of Approval. GAWPDOMPC Resolutions\Ba,tlettCUPReso.WPD