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CC Resolution 2000-049 RESOLUTION NO. 2000-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTO SERVICE STATION CASE NO.: CONDITIONAL USE PERMIT 2000-049 MADISON/P.T.M. LA QUINTA, L. L C. WHEREAS, the City Council of the City of La Quinta, California, did on the 16~h day of May, 2000, hold a duly-noticed Public Hearing to consider Conditional Use Permit 2000-049 to allow a service station with service bay canopy generally located at the northwest corner of Highway 111 and Washington Street more particularly described as: APN: 604-050-002 and a portion of 604-050-035 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25TH day of April, 2000, at a duly noticed Public Hearing, adopt Resolution 2000-024 recommending approval of Conditional Use Permit 2000-049, to allow a service station with service bay canopy generally located at the northwest corner of Highway 111 and Washington Street. WHEREAS, said Conditional Use Permit 2000-049 has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council, in that the Community Development Director has conducted an Initial Study (EA 2000-395), and determined that the Conditional Use Permit will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of Environr~ental Impact is recommended; 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 City Council did make the following mandatory findings of approval to justify a recommendation for approval of said Conditional Use Permit 2000-049: 1. That the proposed Conditional Use Permit is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Community Commercial which permits the uses proposed for the property. Resolution No. 2000-49 CUP 2000-049 Madison/P.T.M. La Quinta, L.L.C. Adopted: May 16, 2000 Page 2 2. The proposed service station use is consistent with the City's Zoning Code in that development standards and criteria contained in the Specific Plan as conditioned, supplement, replace, or are consistent with those in the City's Zoning Code. 3. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or incompatible with surrounding properties. The adjacent properties are designated and zoned for commercial use and the site is located at the intersection of two Arterial roadways, which commonly attracts automotive-based commercial uses. The conditional uses proposed are a consistent representation of the uses which would be proposed for surrounding sites. The adverse impact of the project will be mitigated to an acceptable level and generally in conformance with the Dark Sky Ordinance with a soft lighting design which includes limiting the height, direction and wattage of the lights fixtures, shielding the light fixtures, and limiting lighting levels during night operation. NOW, THEREFORE, BE IT RESOLVED by the City Counc~il of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above-described Conditional Use Permit request 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 La Quinta City Council, held on this 16th day of May, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Sniff NOES: Mayor Pe~a ABSENT: Council Member Perkins ABSTAIN: None Resolution No. 2000-49 CUP 2000-049 Madison/P.T.M. La Quinta, L.L.C. Adopted: May 16, 2000 Page 3 JOH City of La Quinta, California ATTEST: J~E~~/~ City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYf/~LL, City Attorney City of La Quinta, California RESOLUTION 2000-49 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2000-049 - FINAL MAY 16, 2000 GENERAL CONDITIONS OF APPROVAL 1. Lighting Improvements for the canopy structure shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the Community Development Director. Applicant agrees to limit the lighting of the service bay canopy by minimizing the number of luminaries for the ceiling of the service bay canopy structure and, 2) to recessing said luminaries into the ceiling of the service bay canopy to reduce lighting and glare levels. 2. Any and all exterior lighting modifications are to be approved by the Planning Commission as an Amendment to this Conditional Use Permit. MISCELLANEOUS 3. 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 permit. The City shall have sole discretion in selecting its defense counsel.