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PCRES 2006-023PLANNING COMMISSION RESOLUTION 2006-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING AN AMENDMENT TO SECTION 9.80.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO RETAIL STORES 10,000 TO 50,000 SQUARE FEET IN SIZE IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT CASE NO.: ZOA 2006-084 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h of June, 2006, hold a duly noticed Public Hearing to make certain Amendments to Sections 9.80.040 of the Municipal Code, to allow retail stores 10,000 to 50,000 square feet in size to be considered as a conditional use; and WHEREAS, the Text Amendment is exempt pursuant Section 15061(b) (3) of the California 'Code of Regulations, California Environmental Quality Act Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1. The proposed Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development and conform to the City's standards and requirements. 3. The proposed Amendment supports the orderly development of the City. 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. 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Section 15061(b) (3), Review for Exemption, of the CEQA Guidelines. Planning Commission Resolution 2006-023 ZOA 2006-084 - Section 9.80.040 Retail Stores Adopted: June 13, 2006 3. That it does recommend approval of Zoning Code Amendment 2005-083 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 131h day of June, 2006, by the following vote, to wit: AYES: Commissioners Barrows, Daniels, and Chairman Quill I NOES: None ABSENT: Commissioners Alderson and Ladner ABSTAIN: None PAUL QUILL, Chairman City of La Quinta, California ATTEST: DOU4LARq.EVANS Community Development Director City of La Quinta, California Planning Commission Resolution 2006-023 ZOA 2006-084 — Section 9.80.040 Retail Stores Adopted: June 13, 2006 Section 9.80.040 — Table of Permitted Uses EXHIBIT "A" A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the community development director or the planning commission determines that such use is within one of the permitted use categories listed preceding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District A = Accessory use C = Conditional use permit M = Minor use permit Major T = Temporary use permit Regional Commercial Community Neighborhood Tourist Office Community X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Lend Use CR CP cc CN CT c0 MC Retail Uses Retail stores under 10,000 sq. ft. P A P P A A X floor area per business Retail stores', 10,000-50,000 P C C C X X X sq. ft. floor area Retail stores', over 50,000 sq. ft. C c c X X X X floor area Food, liquor and convenience P A P P A A X stores under 10,000 sq. ft. floor area, open less than 18 hours/day' Food, liquor and convenience C X C C C X X stores under 10,000 sq. ft. floor area, open 18 or more hours/day2 Plant nurseries and garden supply C X C C X X X stores, with no propagation of plants on the premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without P P P X X X X substantial on -site inventory