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PC Resolution 2011-014 Walgreens SDP 2002-753 Amend 1PLANNING COMMISSION RESOLUTION 2011-014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2002-753, AMENDMENT 1 CASES: SITE DEVELOPMENT PERMIT 2002-753 AMENDMENT 1 APPLICANT: WALGREENS COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 27' day of September, 2011, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on July 26, 2011, to consider a request by Walgreens Company for approval of an amendment removing Condition of Approval #6 which prohibited the sale of alcoholic beverages on the site located on the northeast corner of Washington Street and Avenue 48, more particularly described as: APN: 643-200-037 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on July 10, 2011 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at the noticed Public Hearing of July 26`h 2011, the Planning Commission, in consideration of a request by the Rancho La Quinta Master Association, continued the public hearing to the September 27, 2011, Planning Commission meeting; and WHEREAS, at said continued 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 9.210.010 of the Municipal Code to justify approval of said Site Development Permit time extension and amendment: 1. Site Development Permit 2002-753, Amendment 1, as recommended, will require the applicant to obtain all necessary permits from the California Alcoholic Beverage Control for the on -site sales of alcoholic beverages. 2. Site Development Permit 2002-753, Amendment 1, as recommended, is harmonious with and visually related to surrounding developments, as it will not adversely affect surrounding land uses as the sale of alcoholic beverage Planning Commission Resolution 2011-014 Site Development Permit 2002-753, Amendment 1 Walgreens Company Page 2 is contained in the interior of the existing building. 3. Site Development Permit 2002-753, Amendment 1, as recommended, is consistent the City's General Plan and Zoning Ordinance in that the sale of alcoholic beverages is a retail sales service allowed in the Community Commercial General Plan and Zoning designations. 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 said Planning Commission in this case; and 2. That the Planning Commission does hereby approve Site Development Permit 2002-753, Amendment 1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 27" day of September, 2011 by the following vote, to wit: AYES: Commissioners Barrows, Weber, and Chairman Alderson NOES: Commissioners Wright and Wilkinson ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: CES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2011-014 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753, AMD. 1 WALGREENS COMPANY SEPTEMBER 27, 2011 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development 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 shall obtain all necessary permits for the sale and storage of alcoholic beverages at the site from the California Alcoholic Beverage Control (ABC). The applicant shall not commence with the sale of alcoholic beverages until ABC permits are secured. 3. The display of alcoholic beverage for sale shall occur in a high visibility area within the store; typically within the nearest three aisles from the check-out counter. If necessary, the applicant shall submit tenant improvement plans to the La Quinta Building and Safety Department for any interior store changes regarding the placement of alcoholic beverages. 4. The applicant shall install and maintain an interior closed-circuit security camera to monitor the aisles in which alcoholic beverages are on display. 5. The applicant is prohibited from the placement of any outdoor and window signage advertising alcoholic beverages. 6. The sale of alcoholic beverages at this site is limited to beer and wine. No liquor sales shall occur at this site. 7. The sale of single -serve alcoholic beverages is prohibited. 8. The sale display area of alcoholic beverages shall not exceed an area greater than two percent (2%) of the store floor area. :\Reports - PC\2011\9-27-11\Wa1greens\SDP 02-753, Al -PC COA FINAL.doc Page 1 of 1