PCRES 2009-014PLANNING COMMISSION RESOLUTION 2009-014
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA. APPROVING AN
EXPRESS CAR WASH USE IN THE COMMUNITY
COMMERCIAL ZONE LOCATED ON THE WEST SIDE OF
WASHINGTON STREET APPROXIMATELY 780 FEET
NORTH OF FRED WARING DRIVE
CASE NO.: CONDITIONAL USE PERMIT 2008-112
APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 281' day of April, 2009, continued from the meeting on the
141' day of April, 2009, hold a duly -noticed Public Hearing to consider the request
of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval
of an express car wash located on the east side of Washington Street
approximately 780 feet north of Fred Waring Drive more particularly described as:
APN 609-070-047
WHEREAS, said Conditional Use Permit has been filed concurrently
with a Site Development Permit and in whole represents the development permit
application for the project as contemplated; and,
WHEREAS, the Planning Department has determined that this request
is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for
Implementation of the California Environmental Quality Act. Therefore, no further
documentation is necessary; and
WHEREAS, the Planning Department did publish a public hearing
notice in the Desert Sun newspaper, on the 3"day of April, 2009, as prescribed by
the Municipal Code, with public hearing notices mailed to all property owners
within 500 feet of the property in question; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the
Planning Commission did make the following mandatory findings to justify approval
of the Conditional Use Permit:
1. Conditional Use Permit 2008-112 is consistent with the La Quinta General
Plan, in that the project site is designated as Community Commercial (CC)
which is intended to be developed with commercial uses including the car
P:\reports-pc\2009\4-28-09\Lippich\cup reso.doc
Planning Commission Resolution 2009-014
Conditional Use Permit 2008-112
Leslie Lippich Architect and Associates
Adopted: April 28, 2009
wash use proposed herein. This commercial use will therefore help achieve
the goals and permitted uses of the CC designation.
2. Conditional Use Permit 2008-112 is consistent with the La Quinta Zoning
Code in that it is conditionally permitted under the CC zoning designation
with a Conditional Use Permit. The project's proposed use is consistent with
the uses identified in the CC district and have been designed and is
conditioned to comply with the development standards of the CC district and
other Zoning Code requirements such as parking, setbacks, building heights,
and landscaping.
3. Processing and approval of Conditional Use Permit 2008-112 is in
compliance with the requirements of the California Environmental Quality
Act. The La Quinta Planning Department has determined that this request is
Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines
for Implementation of the California Environmental Quality Act.
4. Approval of Conditional Use Permit 2008-112 will not create conditions
materially detrimental to the public health, safety and general welfare or be
injurious to or be incompatible with other properties or land uses in the
vicinity in that the use is self contained in a building that has been designed
to be compatible with the adjacent uses. Furthermore, it is a significant
distance from nearby residential and school uses and will not create
conditions, such as noise, odors, traffic, etc. that will be detrimental to
adjacent properties.
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 approve Conditional Use Permit 2008-112, as referenced
in the title of this Resolution, for the reasons set forth in this Resolution, and
subject to the attached Conditions of Approval.
Planning Commission Resolution 2009-014
Conditional Use Permit 2008-112
Leslie Lippich Architect and Associates
Adopted: April 28, 2009
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta Planning Commission, held on this the 281h day of April, 2009, by the
following vote, to wit:
AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson
NOES: Commissioner Quill
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
AS JOLW4SON, Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2009-014
CONDITIONAL USE PERMIT 2008-112
LESLIE LIPPICH ARCHITECT AND ASSOCIATES
CONDITIONS OF APPROVAL - FINAL
ADOPTED: APRIL 28, 2009
GENERAL
1. The use of the subject property for a car wash facility shall be in conformance
with the approved exhibits and conditions of approval contained in Conditional
Use Permit 2008-1 12 and Site Development Permit 2008-905, unless otherwise
amended by the following conditions.
2. The Conditional Use Permit shall be expire after two years of the effective date
of approval of April 28, 2009, and shall become null and void. A time extension
for this Conditional Use Permit may be requested as permitted in Municipal Code
Section 9.200.080 D.
3. 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 developer of any claim, action or proceeding
and shall cooperate fully in the defense.
4. No ancillary uses such as detailing, window tinting, etc. shall be conducted on
the property unless specifically approved in writing by the Planning Director.
Additionally, no temporary structures such as tents, covers, etc. shall be placed
on the property.
5. Hours of operation are limited to 6 am to 10 pm. Seven days a week. There
shall be a minimum of two employees on duty at all times.
6. Landscaping shall be continuously maintained with dead plants immediately
replaced with like plant material.
7. There shall be continuous on -site maintenance of the car wash facility per the
Daily Maintenance Schedule submitted and on file in the Planning Department.
The Daily Maintenance Schedule shall be revised to include all operations and
maintenance of the facility including landscape maintenance, and be approved
by the Planning Director prior to final construction inspection by the Planning
Department.
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