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CC Resolution 1997-065 CUP 1997-034^^P RESOLUTION NO.97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AUTOMOBILE SALES AND SERVICE CASE NO.: CONDITIONAL USE PERMIT 97-034 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of July, 1997, hold a duly noticed Public Hearing to consider Stamko Development Co. to allow automobile sales and services at the southeast corner of Adams Street and Highway 111. WHEREAS, the City Council of the City of La Quinta, California did on the 15* day of July, 1997, hold a duly noticed Public Hearing to consider Stamko Development Co. to allow automobile sales and service at the southeast corner of Adams Street and Highway 111. 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 a Environmental Impact Report under Environmental Assessment 97-337 has been recommended with mitigation measures 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 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 mixed/regional commercial and proposed for automobile sales/service retail use. The automobile sales/services 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 construction of the automobile sales/services will conform to development standards outlined in the La Quinta Centre Specific Plan namely parking, lighting, building height and setbacks, signs and landscaping. P:\CD\rtsocc cup*-34 BIB] 09-03-1998-U01 11:28:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 65-U02 ^^PResolulion 97-65 3. An Environmental Impact Report has been prepared in accordance with CEQA. 4. The automobile sales/services use 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 EIR has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise and lighting. Specifically, walls will enclose the auto sales and service uses, a public address system will not be allowed, and the service department will be a side entrance facility, opening away from the residential area and lighting will be directed downward and NOT allowed to spillover the property lines. 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 97-034 to allow automobile sales and service subject to the Conditions of Approval, attached hereto and made a part of as Exhibit * PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15th day of July, 1997, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tem Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None *. RON PERKINS, Mayor Pro Tem City of La Quinta, California ATTEST: p UNDRAL.JUHOi*, City Clerk City of La Quinta, California P \CD\resocc cup97 34 2 BIB] 09-03-1998-U01 11:28:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 65-U02 ^^PResolution 97-65 APPROVED AS TO FORM: DAWN C HONEYWELL, City Attorney City of La Quinta, California P:\CD\resocc cup97-34 3 BIB] 09-03-1998-U01 11:28:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 65-U02 ^^PResolution 97-65 RESOLUTION 97-65 CONDITIONS OF APPROVAL FINAL CONDITIONAL USE PERMIT 97-034 JULY 15, 1997 GENERAL CONDITIONS OF APPROVAL 1. The development shall comply with Specific Plan 97-034, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 97-034. 3. All service departments shall operate between the hours of 7:00a.m. and 6:00 p.m., six days per week. 4. The light fixtures along the west perimeter wall Parcels 5, 6, and 7) adjacent to Adams Street shall be adequately shielded to eliminate light glare andlor spillage within the Lake La Quinta residential development. 5.. If the landscape and lighting design permits, trees shall be clustered around the light poles along the west perimeter wall, adjacent to Adams Street Parcels 5,6, and 7). 6. In the event of a conflict between the conditions listed herein and the provisions of the Development Agreement between the applicant and the City, the provisions of the Development Agreement shall prevail unless such action or interpretation would result in violation of any applicable local, state, or federal law. P:\CD\resocc cup97-34 4 BIB] 09-03-1998-U01 11:28:48AM-U01 ADMIN-U01 CCRES-U02 97-U02 65-U02