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PCRES 2005-060PLANNING COMMISSION RESOLUTION 2005-060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF USES FOR A FUELING FACILITY, TIRE INSTALLATION FACILITY AND A RETAIL USE OVER 50,000 SQUARE FEET IN A COMMERCIAL PARK ZONE CASE NO.: CONDITIONAL USE PERMIT 2005-092 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22nd day of November, 2005 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ±26.53 acres generally located south of Highway 1 1 1 and Depot Drive more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 AND; WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-539 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005-058; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 7`h day of November, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Conditional Use Permit 2005-092. 1. The proposed uses for the commercial buildings are consistent with the City's General Plan in that the property is designated Mixed/Regional Commercial (M/RC) and Commercial Park (CP). The uses are consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The proposed uses are consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075 in that the project is a permitted use and complies with the development standards and design guidelines. Planning Commission Resolution 2005-060 Conditional Use Permit 2005-092 Costco Wholesale Adopted: November 22, 2005 3. The proposed uses are consistent with the City's Zoning Code in that the proposed uses for the Komar Desert Center Specific Plan 2005-075 supplements, replaces, or are consistent with those in the City's Zoning Code. 4. That approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or injurious to, or incompatible with the properties and land uses in the vicinity in that the public agencies have reviewed the proposed use for these issues with no significant concerns identified. 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 Commission in this case; 2. That it does recommend to the City Council approval of Conditional Use Permit 2005-092 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on this the 22nd day of November, 2005, by the following vote, to wit: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk NOES: None ABSENT: Commissioner Alderson ABSTAIN: None TO KIRK, airman City o a Quinta, California ATTEST: Go DOU CAS .EVANS, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2005-060 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2005-092 COSTCO WHOLESALE AND KOMAR INVESTMENTS ADOPTED: NOVEMBER 22, 2005 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development 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. 2. All conditions of approval for Specific Plan 2005-075 and Site Development Permit 2005-833 are incorporated by reference. FIRE MARSHALL 3. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. 4. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding vehicle code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff Department should be directed to the Senior Deputy at (760) 863-8950. OTHER 5. In order to minimize site operation noise intrusion and comply with the City of La Quinta Noise Ordinance the following shall be complied with: A. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the adjacent property. B. Trucks shall not pick up refuse before 7:00 a.m. P:\Reports - PC\2005\11-22-05\Costco\PC COA CUP 2005-092.doc C. Parking lot sweeping with vacuum trucks shall not occur after 10:00 p.m. or before 6:00 a.m. D. Refrigeration trucks shall not be parked in the drive aisle behind the store from 10:00 p.m. to 7:00 a.m. if their freezer units are running. 6. All mitigation measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. P:\Reports - PC\2005\11-22-05\Costco\PC COA CUP 2005-092.doc