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PCRES 2009-017PLANNING COMMISSION RESOLUTION 2009-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2009-098 TO 1) PERMIT USED CAR SALES NOT ASSOCIATED WITH A NEW CAR SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT (9.80.040), 2) TO ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED VEHICLE SALES FACILITIES (9.100.300), AND 3) DELETION OF ERRONEOUS TEXT WITHIN THE AUTOMOTIVE USES PORTION OF THE TABLE OF PERMITTED USES (9.80.040) CASE NO.: ZONING ORDINANCE AMENDMENT 2009-098 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9" of June, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) permit used car sales facilities not associated with a new car sales facility within the Regional Commercial zoning district with the approval of a Conditional Use Permit, 2) to establish provisions for the development of used vehicle sales facilities, and 3) to delete erroneous text within the Automotive Uses section of Table 9-5; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on May 29, 20b9, as prescribed by the Municipal Code; 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 Ordinance Amendment: 1. The proposed Zoning Ordinance Amendment is consistent with the General Plan in that the General Plan authorizes automobile sales in the Regional Commercial land use area. Used vehicle sales facilities are an appropriate and compatible land use in Regional Commercial because Regional Commercial Planning Commission Resolution 2009-017 Zoning Ordinance Amendment 2009-098 June 9, 2009 - Adopted land use accommodates the widest variety of commercial land uses and allows for similar land uses such as new vehicle sales facilities and automotive service facilities. As a result, the Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan. The proposed provisions to regulate used vehicle sales facilities are intended to allow for the continued high quality of development in the City. 2. Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. Impacts on public health, safety, and welfare that may arise from used car sales facilities will be evaluated and addressed on a project -by -project basis through a conditional use permit approval process. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes to the Municipal Code will have no effect on the environment. Future proposed used car sales facilities will be analyzed under CEQA on a project -by -project basis. 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 the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2009-098 as set forth in attached Exhibits A and B to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 9`h day of June, 2009, by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson ABSENT: None ABSTAIN: None P:\Reports - PC\2009\6-9-09\ZOA 09-098\Reso_Adopted ZOA 09-098 ZONING TEXT.doc Planning Commission Resolution 2009-017 Zoning Ordinance Amendment 2009-098 June 9, 2009 - Adopted ED A DERSON, Chairman City of La Quinta, California ATTEST: JOWTSON, Planning Director of La Quinta P:\Reports - PC\2009\6-9-09\ZOA 09-098\Reso_Adopted ZOA 09-098 ZONING TEXT.doc EXHIBIT A 9.80.040 Table of permitted uses, Automotive Uses Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) gFejeeCpeF-SeetieR _ Used vehicle sales, not X C C X X X X X associated with a new vehicle sales facility, as uer Section 9-100.300 EXHIBIT B 9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in the CR district subject to approval of a conditional use permit when consistent with a Specific Plan. Used vehicle sales facilities are subject to the use and design standards herein. B. Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited. C. Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of Section 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Used Vehicle Sales Facilities. 1. Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles. 2. Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval. 3. Screening. A block wall of at least six feet in height and a 20 foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and Fences). 4. Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas. 5. Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets. 6. Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four acres in size. 7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited.