PCRES 2009-018PLANNING COMMISSION RESOLUTION 2009-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A USED VEHICLE SALES FACILITY AT 79-025
HIGHWAY 111
CASE NO.: CONDITIONAL USE PERMIT 2009-120
APPLICANT: KENT B. SOWELL, DODGE CITY PRE-OWNED VEHICLE SALES
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 14`" day of July, 2009, hold a duly noticed Public Hearing to consider the
request by Kent B. Sowell for a Conditional Use Permit to allow the operation of a used
vehicle sales facility located within the La Quinta Auto Centre at 79-025 Highway
111, the northeast corner of Adams Street and Highway 111 and more particularly
described as:
Parcel 1 of Parcel Map 28525
WHEREAS, said Conditional Use Permit application has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-631, in that the Planning Department has
determined that the proposed Conditional Use Permit is exempt from CEQA review
under Guidelines Sections 15301 (Existing Facilities) and 1 5332 (Infill Development),
in that the proposed use is located within an existing developed automotive sales
facility of less than five acres; 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 said
Conditional Use Permit:
Finding A - The proposed Conditional Use Permit 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 because Regional Commercial designated land use areas
accommodate the widest variety of commercial land uses and expressly allow for
automotive sales and service facilities. As a result, the Conditional Use Permit is
consistent with the goals, objectives and policies of the General Plan.
Finding B - The proposed Conditional Use Permit is compatible with the
Regional Commercial Zoning District because new and used vehicle sales facilities
CUP 2009-120 PC Resolution
Planning Commission Resolution 2009-018
Conditional Use Permit 2009-120
Kent B. Sowell, Dodge City Pre-Owned Vehicle Sales
July 14, 2009
are an approved land use with a Conditional Use Permit under Ordinance No. 471,
which was approved by the City Council on June 2, 2009.
Finding C - Processing of this Conditional Use Permit for the proposed use is in
compliance with the provisions of the California Environmental Quality Act. The La
Quinta Planning Department has determined that the request is exempt from CEQA
under Sections 15301 (Existing Facilities) and 15332 (Infill Development), because
the proposed land use is located within an existing developed automotive sales
facility of less than five acres that has continuously operated as an auto dealership
selling both used and new cars. As a result, no further environmental review is
required.
Finding D - Approval of this Conditional Use Permit will not be a detriment to
the public health, safety and general welfare, nor shall it be injurious or
incompatible with other properties or uses in the vicinity. The project is located on
a developed automotive dealership site within an existing auto sales center along a
major state highway. No physical changes are being proposed other than the
installation of new signs to be reviewed and approved under a separate sign permit.
The project will not result in a substantial change in land use from the property's
previous use as an automotive dealership. As a result, the proposed land use is
compatible with adjacent land uses and will not have an impact on health and
safety.
Finding E - Approval of this Conditional Use Permit will help prevent the
closure of an automotive sales facility which would otherwise have had negative
impacts on the City and the public welfare, including increasing the unemployment
in the area, creating vacancies along the City's busiest commercial corridor, and .
eliminating the sales tax that the dealership currently collects which helps to fund
State and City operations.
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 2009-120 for the
reasons set forth in this Resolution, and subject to the attached Conditions
of Approval.
Planning Commission Resolution 2009-018
Conditional Use Permit 2009-120
Kent B. Sowell, Dodge City Pre-Owned Vehicle Sales
July 14, 2009
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this the 14"' day of July, 2009 by the following
vote, to wit:
AYES: COMMISSIONERS BARROWS, QUILL, WEBER, WILKINSON AND CHAIRMAN ALDERSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ED ALDERSON, Chairman
City of La Quinta California
ATTEST:
City of La Quinta, Gahtorma
PLANNING COMMISSION RESOLUTION 2009-018
CONDITIONS OF APPROVAL -FINAL
CONDITIONAL USE PERMIT 2009-120
DODGE CITY PRE-OWNED VEHICLE SALES
JULY 14, 2009 '
(;FNFRAI
1. The applicant agrees to defend, indemnify and hold harmless the City
of La Quinta ("Cityl, its agents, officers and employees from any claim,
action or proceeding to attack, set aside, void, or annul the approval
of this Conditional Use 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 fully cooperate in the defense.
2. The applicant shall comply with applicable provisions of the City's
NPDES stormwater discharge permit, LOMC Sections 8.70.010 et seq.
(stormwater Management and Discharge Controlsl, and 13.24.170
(Clean Air/Clean Waterl; Riverside County Ordinance No. 457; the
California Regional Water Quality Control Board -Colorado River Basin
Region Board Order No. R7-2008-0001 and the State Water
Resources Control Board's Order No. 99-08-DWQ.
3. This Conditional Use Permit is limited and shall expire on July 14,
2012, three years after the Planning Commission approval date, and
as per Ordinance No. 471. Prior to expiration, a time extension may
be applied for and approved by the Planning Commission.
4. The applicant shall comply with all applicable provisions of the La
Quinta Municipal Code (LQMC).
5. Conditional Use Permit 09-120 shall comply with all applicable
conditions of approval and amendments for Specific Plan 97-029,
Tentative Parcel Map 28252, Site Development Permit 97-603,
Environmental Impact Report 97-337, and Development Agreement
97-002.
6. Any expansion of this use or substantial modifications to the approved
use shall require approval of a new Conditional Use Permit. Minor
modifications to this Conditional Use Permit may be approved by the
Planning Director.
PLANNING COMMISSION RESOLUTION 2009-018
CONDITIONS OF APPROVAL -FINAL
CONDITIONAL USE PERMIT 2009-120
DODGE CITY PRE-OWNED VEHICLE SALES
JULY 14, 2009
7. Any modifications to signs or approved promotional displays shall
require the application and approval of a separate sign permit or
amended sign program. All signs shall be brought into compliance
with the existing Sign Program and Sign Ordinance within 60 days of
approval.
PROPERTY RIGHTS
8. Within 60 days of the approval of this Conditional Use Permit, the
applicant shall submit and execute an "AUTHORIZATION TO REMOVE
GRAFFITI FROM PRIVATE PROPERTY" form located at the Public
Works Department Counter.
I~RAINAC;F
9. Stormwater handling shall conform with the approved hydrology and
drainage report for PM 28525 and Engineering Bulletin 06-1 6.
OPERATIONS
10. The hours of operation shall not exceed 7:00 a.m. to 10:00 p.m.,
seven days a week.
11. Sales of new and used recreational vehicles, boats, and motorcycles
shall be an approved use under this Conditional Use Permit.
12. The use of outdoor loudspeakers and intercoms shall be prohibited
between the nighttime hours of 9:00 p.m. and 7:00 a.m.
13. All outdoor storage shall be fully screened from view. The outdoor
storage of non-operational or salvaged vehicles and vehicle parts shall
be prohibited.
14. All customer, employee, and inventory vehicles shall be parked on-site.
15. The applicant shall have the option to contract or sub-lease the
operation of the service and repair facility. All tenants, sub-
contractors, and/or lessees conducting accessory business on the
CUP 2009-120 PC Conditions Z
PLANNING COMMISSION RESOLUTION 2009-018
CONDITIONS OF APPROVAL -FINAL
CONDITIONAL USE PERMIT 2009-120
DODGE CITY PRE-OWNED VEHICLE SALES
JULY 14, 2009
property are required to comply with the terms and conditions of this
Conditional Use Permit.
16. The City shall maintain the ability to review or revoke this CUP and set
a new public hearing date in order to impose additional conditions to
correct problems that may arise such as property maintenance,
hazardous waste disposal, Municipal Code violations, and nuisance
issues. Additional conditions, to correct problems, include but are not
limited to modifications to hours of operation, adjustments to outdoor
lighting, providing additional employee parking, limitations on outdoor
storage, and restrictions on accessory uses.
MAINTENANCE
17. The applicant shall comply with the provisions of LOMC Section
13.24.160 (Maintenance).
18. The applicant shall make provisions for the continuous and perpetual
maintenance of perimeter landscaping up to the curb, access drives,
and sidewalks.
FEES AND DEPOSITS
19. The applicant shall comply with the provisions of Section 13.24.180
(Fees and Deposits), LOMC. These fees include all deposits and fees
required by the City for plan checking and construction inspection.
Deposits and fee amounts shall be those in effect when the applicant
makes application for plan check and permits.
20. Permits issued under this approval shall be subject to the provisions of
the Infrastructure and .Fee Program and Development Impact Fee
program in effect at the time of issuance of building permitls).
FIRE DEPARTMENT
21. All motor vehicles shall be parked in designated parking areas.
Designated Fire Lanes are to be kept open with minimum of 20 feet
obstructed access at all times.
CUP 2009-i 20 PC Conditions 3