PC Resolution 2020-005 Votta Enterprises1
PLANNING COMMISSION RESOLUTION 2020 – 005
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A MINOR USE
PERMIT FOR MECHANICAL EQUIPMENT WITHIN
SIDE YARD SETBACK 54927 WINGED FOOT
CASE NUMBERS:
MINOR USE PERMIT 2020-0002
APPLICANT: VOTTA ENTERPRISES
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 23th day of June, 2020, consider a request by Votta
Enterprises for approval of a Minor Use Permit at 54927 Winged Foot.
Minor Use Permit
WHEREAS, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did find:
1. Consistency with General Plan. The land use is consistent with
the general plan.
2. Consistency with Zoning Code. The use is consistent with the
provisions of this zoning code. Mechanical equipment is allowed
within the side yard setbacks with approval of a minor use
permit.
3. Compliance with CEQA. The Design and Development
Department has determined that the project is categorically
exempt under CEQA guidelines 15301 – Minor Alterations to
Existing Facilities.
4. Surrounding Uses. Approval of the application will not create
conditions materially detrimental to the public health, safety and
general welfare or injurious to or incompatible with other
properties or land uses in the vicinity. The mechanical
equipment within the side yard setback provides adequate
emergency egress and access and are high performing units with
acceptable noise and energy efficiency.
Planning Commission Resolution 2020 - 005
Minor Use Permit 2020-0002
Votta Enterprises
Adopted: June 23, 2020
Page 2 of 3
5. Extenuating circumstances. The City has conducted a fact
specific analysis of this particular project and finds that
extenuating circumstances do exist to justify the placement of
the facility at issue; specifically, the City has determined that the
proposed equipment is the quietist that is reasonably available
and coupled with the fact that the wall between the two
properties provides further mitigation for any possible sound
effects that are needed to be mitigated.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings
of the Planning Commission in this case;
SECTION 2. That the above project be determined by the Planning
Commission to be exempt from CEQA under Section 15301, Minor
Alterations to Existing Facilities;
SECTION 3. That it does hereby approve Minor Use Permit 2020-0002,
subject to the attached Conditions of Approval, for the reasons set forth in
this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the
City of La Quinta Planning Commission, held on this the 23th day of June
2020, by the following vote:
AYES: COMMISSIONERS BETTENCOURT, CURRIE, LIBOLT
VARNER, MCCUNE, NIETO, PROCTOR AND CHAIRPERSON
CALDWELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Planning Commission Resolution 2020 - 005
Minor Use Permit 2020-0002
Votta Enterprises
Adopted: June 23, 2020
Page 3 of 3
_________________________________
MARY CALDWELL, Chairperson
City of La Quinta, California
ATTEST:
_______________________________________________
DANNY CASTRO, Design and Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 20 20-005
CONDITIONS OF APPROVAL – APPROVED
MINOR USE PERMIT 2020-0002
VOTTA ENTERPRISES
ADOPTED: JUNE 23, 2020
Page 1 of 1
1. The units will need to consistently meet the following clearances:
A. 30” service clearance
B. 24” separation between units
2. Side yards shall not be utilized as the only emergency escape route
3. 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.