PC Resolution 2010-007PLANNING COMMISSION RESOLUTION 2010-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, ALLOWING THE OUTDOOR DISPLAY OF
ELECTRIC VEHICLES FOR LUXE ELECTRIC CARS, WITHIN THE
WASHINGTON PARK PARKING LOT
CASE NO.: CONDITIONAL USE PERMIT 2010-128
APPLICANT: LUXE ELECTRIC CARS
WHEREAS, the Planning Commission of the City of La Quinta, California, did,
on the 9`h day of March, 2010, hold a duly noticed Public Hearing to consider a
request by Luxe Electric Cars to allow for a maximum of three outdoor vehicle
displays during normal business operating hours within the Washington Park
parking lot, at 46-660 Washington Street, more particularly described as follows:
APN: 643-020-063
Parcel 5 of Tract Map 32683
WHEREAS, said Conditional Use Permit 2010-128 is within Specific Plan 87-
011 for which Environmental Assessment 2002-459 was certified by the City
Council on December 17, 2002. Therefore, no changed circumstances or conditions
and no new information has been provided which would trigger the preparation of a
subsequent Environmental Assessment pursuant to the provisions of the California
Environmental Quality Act (CEQA) statutes; and
WHEREAS, as referenced in his communication dated March 3, 2010, even
though the property owner is in support of the concept of outdoor vehicle displays
at this site; the property owner is opposed to the applicant placing outdoor vehicle
displays on the walkways, ramps, and sidewalks at Washington Park; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did make the following mandatory findings pursuant to Section
9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit:
1. Consistency with the General Plan: The proposed outdoor display of vehicles
is consistent with the goals and policies of the General Plan in that the
property is designated Regional Commercial which permits the use proposed
by this application.
Planning Commission Resolution 2010-007
Conditional Use Permit 2010-128
March 9, 2010
2. Consistency with the Zoning Code: The proposed outdoor display of vehicles
is consistent with the development standards outlined in Section 9.100.120
(Outdoor Storage and Display) of the Zoning Code because merchandise will
be displayed on a semi -temporary basis, as specified in the required
Conditions of Approval, and as permitted in compliance with the Washington
Park Specific Plan, and that such placement of vehicles will not conflict with
any other Zoning Code requirements.
3. Compliance with CEQA: The proposed use is in compliance with CEQA in
that the project area lies within Specific Plan 87-011 for which
Environmental Assessment 2002-459 was certified by the City Council on
December 12, 2002. Therefore, no changed circumstances or conditions
and no new information has been provided which would trigger the
preparation of a subsequent Environmental Assessment pursuant to the
provisions of the California Environmental Quality Act (CEQA) statutes.
4. Surrounding Uses: Approval of the Conditional Use Permit as conditioned will
not create conditions materially detrimental to the public health, safety and
general welfare or be injurious to, or incompatible with, other properties or
land uses in the vicinity in that vehicle placement will maintain and provide
an adequate space for ADA requirements, and that the placement of outdoor
vehicle displays is in an area away from customer traffic and in an
underutilized parking stall. The adjacent properties are designated and zoned
for commercial use and within the Washington Park specific plan.
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 correct and constitute the findings of
the Planning Commission for this Conditional Use Permit;
2. That it does hereby approve Conditional Use Permit 2010-128 for the
reasons set forth in this Resolution and subject to the attached Conditions of
Approval; which includes a maximum of three (3) outdoor vehicle display
limited to the locations specified on the site plan and as approved with this
Conditional Use Permit.
Planning Commission Resolution 2010-007
Conditional Use Permit 2010-128
March 9, 2010
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 9" day of March, 2010, by the following vote, to
wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman
Alderson
NOES: None
ABSENT: None
ABSTAIN: None
Eb ALDERSON, Chairman
City of La Quinta, California
0
ILES J�NSON
Plann' g Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2010-007
CONDITIONS OF APPROVAL — FINAL
CONDITIONAL USE PERMIT 2010-128
MARCH 9, 2010
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City
of La Quinta (the "City"), 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 council.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. This Conditional Use Permit is permitted for a maximum period of five
(5) years (March 9, 2015), unless a request for an extension is made
to the Planning Department. The Planning Director, after reviewing the
facts and extension request, may extend the permit or may forward
the request to the Planning Commission for determination.
3. The applicant is limited to a maximum. of three (3) outdoor golf car
displays; one (1) display to be located in a parking stall near the
entrance to the Luxe Electric Cars lease space, and two (2) to be
located in adjoining parking stalls along Washington Street, as
identified on the site plan on file with the Planning Department.
4. The placement of outdoor golf car display is limited to normal business
operating hours for Luxe Electric Cars. Vehicles shall be placed within
the store at the close of each business day and shall not be placed
outdoors more than thirty (30) minutes prior to daily openings.
5. The applicant is prohibited from placing any signs or other
advertisement devices, including but not limited to, balloons, lights,
banners, etc..., on, or attached to, or at the location of any display
vehicle.
6. The use of vehicle "jacks" or other display methods is prohibited.
7. The applicant is prohibited from placing outdoor vehicle displays on
any walkway, sidewalk, ramp, etc..., or at any location not identified
on the final site plan on file with the Planning Department.
PLANNING COMMISSION RESOLUTION 2010-007
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2010-128
MARCH 9, 2010
8. The applicant is prohibited from making any site improvements,
including landscape removal, to accommodate the placement and
visibility of outdoor vehicles.
CUP 2010-128 PC Conditions 2