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CC Resolution 1997-007^!M RESOLUTION 97-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 96-029, TO ALLOW DEVELOPMENT OF VARIOUS USES IN CONJUNCTION WITH AN 81,110 SQUARE FOOT MIXED-USE COMMERCIAL DEVELOPMENT ON 10.29 GROSS ACRES CONDITIONAL USE PERMIT 96-029 LAPIS ENERGY ORGANIZATION, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 2th day of November, 1996, hold a duly noticed Public Hearing to consider Conditional Use Permit 96-029, to allow various uses in conjunction with requesting approval for a 81,110 square foot commercial project on a 10.29 acre gross) site; and, WHEREAS, at said Public Hearing, the Planning Commission did take action to continue consideration of the referenced application to a regular meeting of January 141h, 1997; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 4th day of January, 1 997, take action to recommend to the City Council approval of Conditional Use Permit 96-029; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of February, 1 996, conduct a continued Public Hearing, which was duly noticed for a regular meeting of November 1 9th, 1 996 and subsequently continued to January 21st, 1997 and February 4th, 1997, to consider said Planning Commission recommendation for Conditional Use Permit 96-029; and, WHEREAS, said application has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1 970" as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study EA 96-328), and a Mitigated Negative Declaration has been recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Conditional Use Permit: ccrescup.029 BIB] 09-01-1998-U01 02:57:36PM-U01 ADMIN-U01 CCRES-U02 97-U02 07-U02 ^!M Resolution 97-07 1. The proposed Conditional Use Permit land uses are deemed as consistent with the La Quinta General Plan, as development of the uses as conditioned will further the implementation of Policies 2-3.1.1 and 2-3.2.1, which essentially call for uses drawing from a regional trade area, in that the proposed automotive uses cater to a regional market, and are further identified as appropriate uses with approval of a Conditional Use Permit. 2. The proposed Conditional Use Permit land uses are consistent with the Zoning Code, in that these uses have been identified as permitted, subject to conditions on operation of those uses being applied. Approval of the Conditional Use Permit application will assure this through regulation of these uses as dictated by the Zoning Code. 3. The requirements of CEQA have been complied with, in that an Initial Study was prepared EA 96-328), which concluded that no significant impacts from implementation of the Specific Plan will occur, with incorporation of mitigation as identified in the Environmental Assessment. The applicant has agreed to implementing the necessary mitigation prior to site development activities and is in concurrence with project conditions relating to this. 4. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare or incompatible with surrounding properties. The area in the vicinity is 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 as long as the current General Plan land use and zoning designations are applicable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the City Council regarding this Conditional Use Permit application. 2. That it does hereby grant approval of Conditional Use Permit 96-029, for the reasons set forth in this Resolution and subject to approval conditions, attached hereto, as Exhibit A" and on file in the Community Development Department. ccrescup.029 BIB] 09-01-1998-U01 02:57:36PM-U01 ADMIN-U01 CCRES-U02 97-U02 07-U02 ^!M PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of February, 1997, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, MAYOR City of La Quinta, California AUNDRA L. JUHOLA, City Clerk City of La Quinta, California AS TO FORM: *. DAWN HONEYWELL[* * Attorney City of La Quinta, California BIB] 09-01-1998-U01 02:57:36PM-U01 ADMIN-U01 CCRES-U02 97-U02 07-U02 ^!M RESOLUTION 97-07 EXHIBIT A" CONDITIONS OF APPROVAL FINAL CONDITIONAL USE PERMIT 96-029 LAPIS ENERGY ORGANIZATION, INC. FEBRUARY 4, 1997 GENERAL CONDITIONS OF APPROVAL 1. CUP 96-029 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: * Environmental Assessment 96-328 * Specific Plan 96-028 * Site Development Permit 96-590 * Tentative Parcel Map 28422 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 2. Approval for CUP 96-029 shall be in effect for the duration of the approval period for Specific Plan 96-028. 3. Establishment or conversion of any use authorized under this approval shall not occur unless the appropriate applications, as deemed necessary by the Community Development Department, have been filed for review and approval. coalapis.cup BIB] 09-01-1998-U01 02:57:36PM-U01 ADMIN-U01 CCRES-U02 97-U02 07-U02