CC Resolution 2009-056RESOLUTION NO. 2009 - 056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING ONE APPEAL AND
DENYING ONE APPEAL OF THE PLANNING
COMMISSION APPROVAL FOR 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 City Council of the City of La Quinta, California, did on the
161h day of June, 2009, hold a duly -noticed Public Hearing to consider the appeals
of Archna, LLC and Mayer Villa Capri, L.P. of a Planning Commission approval of a
request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) which
approved 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 5T" day of June, 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, the Planning Commission of the City of La Quinta, California, did
on the 141h day of April, 2009, hold a public hearing, and on the 28" day of April,
2009, adopt Resolution 2009-014 approving Conditional Use Permit 2008-112,
subject to Conditions; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify their action on the
appeals to the Conditional Use Permit:
Resolution No. 2009-056
Conditional Use Permit 2008-112
Leslie Lippich Architect for Levitan
Adopted: June 16, 2009
Page 2
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
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.
5. The City Council did not find substantiation to support Archna LLC's appeal
of the Planning Commission's approval in that the arguments of the
appellants did not warrant a change to the Planning Commission's approval
action because noise impacts will be mitigated by required sound walls and
the drying equipment used will not create noise impacts that will exceed City
noise standards. The City Council determined that the appeal of Mayer Villa
Capri warranted deletion of Condition #107 of SDP 2008-905 due to
incompatible grading between the sites and the fact that the requirement for
cross access was not imposed on the adjacent Villa Capri project.
Resolution No. 2009-056
Conditional Use Permit 2008-112
Leslie Lippich Architect for Levitan
Adopted: June 16, 2009
Page 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That it does hereby deny the appeal of Archna, LLC and approve the appeal
of Mayer Villa Capri by deleting Condition of Approval #107 of SDP 2009-
905 hereby upholding the Planning Commission approval of 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.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on this the 161h day of June, 2009, by the following vote,
to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff
NOES: Mayor Adolph
ABSENT: None
ABSTAIN: None
ATTEST:
VERONICA Jam.
City of La CiGir
(SEAL)
a�—)
DON ADOL H, Ma r
City of La Quinta, California
4TECINO, CIVIC, City Clerk
California
Resolution No. 2009-056
Conditional Use Permit 2005-112
Leslie Lippich Architect for Levitan
Adopted: June 16, 2009
Page 4
APPROVED AS TO FORM:.
MI.-KATHERINE JECy N, City Attorney
City of La Quinta, California
RESOLUTION NO. 2009-056
CONDITIONAL USE PERMIT 2008-112
LESLIE LIPPICH ARCHITECT FOR LEVITAN
CONDITIONS OF APPROVAL - FINAL
ADOPTED: JUNE 16, 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, 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.