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PC Resolution 2010-009PLANNING COMMISSION RESOLUTION 2010-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE OUTDOOR DISPLAY OF YAMAHA GOLF CARS OF PALM SPRINGS, WITHIN THE KOMAR DESERT CENTER AND COSTCO WHOLESALE PARKING LOTS CASE NO.: CONDITIONAL USE PERMIT 2009-126 APPLICANT: YAMAHA GOLF CARS OF PALM SPRINGS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of March, 2010, hold a duly noticed Public Hearing to consider a request by Yamaha Golf Cars of Palm Springs to allow for a maximum of four outdoor vehicle displays during normal business operating hours within the Komar Desert Center and Costco Wholesale parking lot, at 79-785 Highway 111, more particularly described as follows: APN: 600-020-034 WHEREAS, said Conditional Use Permit 2009-126 is within Specific Plan 05-075 for which Environmental Assessment 2005-543 was certified by the City Council on January 4, 2006. 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, 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 and Commercial Park, which permits the use associated with this application. 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 Planning Commission Resolution 2010-009 Conditional Use Permit 2009-126 j March 23, 2010 compliance.with the Komar Desert Center 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 05-075 for which Environmental Assessment 2005-543 was certified by the City Council on January 4, 2006. Therefore, no changed circumstances or conditions and no new information have 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 an the vicinity in that vehicle placement will maintain and provide an adequate space for ADA requirements, and that the placement of four (4) outdoor display vehicles are in areas away from customer traffic and in underutilized parking stalls. The adjacent properties are designated and zoned for commercial use and within the Komar Desert Center 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 2009-026 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; which includes a maximum of four (4) outdoor display vehicles limited to the locations specified on the site plan and as approved with this Conditional Use Permit. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of March, 2010, by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson Planning Commission Resolution 2010-009 Conditional Use Permit 2009-126 March 23, 2010 NOES: None ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California /e1 LESSON Plan g Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2010-009 CONDITIONS OF APPROVAL — FINAL CONDITIONAL USE PERMIT 2009-126 MARCH 23, 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 counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant is limited to a maximum of four (4) outdoor golf car displays, one (1) on the sidewalk location and three (3) in the adjacent Costco parking spaces; at the locations identified on the attachments. Any changes to the locations will require an amendment to the subject CUP. 3. The placement of outdoor golf car display is limited to normal business operating hours for Yamaha Golf Cars of Palm Springs. Vehicles shall be placed within the store at the close of each business day and shall not be placed outdoors more than thirty 130) minutes prior to daily openings. 4. 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. 5. The use of vehicle 'jacks" or other display methods is prohibited. 6. The applicant is prohibited from making any site improvements, including landscape removal, to accommodate the placement and visibility of outdoor vehicles. 7. Written authorization by Costco Wholesale as reviewed and accepted by Staff, approving the use of three (3) parking spaces in the location proposed for the purpose of display of three (3) golf cars is required prior to use of the said parking spaces for display purposes. 8. This Conditional Use Permit is permitted for a maximum period of five (5) years (March 23, 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.