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CC Resolution 2000-105 RESOLUTION 2000-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW GOLF CART SALES WITHIN A 5.65 ACRE PROJECT AT THE SOUTHEASTERN CORNER OF HIGHWAY 111 AND WASHINGTON STREET CASE NO.: CONDITIONAL USE PERMIT 2000-050 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing to consider the request of JDD, LLC to allow golf cart sales within a planned commercial center; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 25th day of July, 2000, hold a duly noticed Public Hearing t to consider the request of JDD, LLC to allow golf cart sales within a planned commercial center; and WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that Environmental Assessment 2000-39 has been recommended with mitigation measur'es for certification; and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify a recommendation for approval of said Conditional Use Permit: 1. The Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated for Regional Commercial. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The approval of this Conditional Use Permit is consistent with the Zoning Code and Specific Plan in that golf cart sales within the project area will conform to development standards outlined in Specific Plan 2000-047 namely parking, lighting, building height and setbacks, signs and landscaping. -- 3. An Environmental Assessment has been prepared in accordance with CEQA. Resolution No. 2000-105 Conditional Use Permit 2000-050 La Quinta Court Adopted: August 15, 2000 Page 2 4. Golf cart sales will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that an Environmental Assessment has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise, traffic and lighting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 2000-050 to allow golf cart sales subject to the Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15th day of August, 2000, by the following vote, to wit: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: Council Member Adolph ABSTAIN: None JO . PENA Wlayor City of La Quinta, California Resolution No. 2000-105 Conditional Use Permit 2000-050 La Quinta Court Adopted: August 15, 2000 Page 3 ATTEST: J(~~.~REEK'~,' ~ CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: City of La Quinta, California CITY COUNCIL RESOLUTION 2000-105 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2000-050 LA QUINTA COURT AUGUST 15, 2000 1. The development shall comply with Specific Plan 2000-047, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 2000-047. 3. Any outdoor sales or display areas proposed for a golf cart location shall require Community Development Director approval. The plan shall demonstrates how the outdoor sales or display area will be integrated into the site design. 4. No vehicle service facility or uses shall be permitted on the project site. 5. Should any area to be utilized for outdoor sales or display reduce the number of parking spaces shown within Specific Plan 2000-047, the application shall demonstrate how the loss of these parking space(s) has been mitigated. 6. The subdivider 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 or any final map thereunder. The City shall have sole discretion in selecting its defense counsel.