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CC Resolution 2003-029RESOLUTION NO. 2003-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF CHURCH USES INCLUDING THE PARKING LOT, LANDSCAPING AND LIGHTING, RETENTION AREAS, AND AN ADDITIONAL ENTRY ON AN APPROXIMATELY 30 ACRE SITE. CASE NO.: CONDITIONAL USE PERMIT 2002-073 APPLICANT: ST. FRANCIS OF ASSISI WHEREAS, the City Council of the City of La Quinta, California, did, on the 20" day of May, 2003 hold a duly noticed Public Hearing to consider a request by St. Francis of Assisi, for approval of Conditional Use Permit 2002-073, to allow the expansion of church uses including the parking lot, landscaping and lighting, retention areas, and an additional entry on approximately 30 acres, generally located t 600 feet south of the southwest corner of Washington Street and Highland Palms Drive, more particularly described as follows: APN: 643-090-0261 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22"d day of April, 2003 hold a duly noticed Public Hearing to consider a request by St. Francis of Assisi, for approval of Conditional Use Permit 2002-073, to allow the expansion of church uses including the parking lot, landscaping and lighting, retention areas, and an additional entry, did recommend that the City Council approve the project; and, WHEREAS, said Conditional Use Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-463), and determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: Resolution No. 2003-029 St. Francis of Assisi / CUP 2002-073 Adopted: May 20, 2003 Page 2 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the density of the project is compatible with the Low Density Residential Land Use designation. 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Low Density Residential Zoning District, including but not limited to, setbacks, parking, landscape design, and exterior lighting. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-463 was prepared for this project, which involved certification of a Mitigated Negative Declaration of Environmental Impact. 4. Surrounding Uses: Approval of the Conditional Use Permit 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 in that the proposed project will be compatible with the existing development. 5. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, exterior lighting, and other site design elements such as scale, appearance, and amount of landscaping are compatible with the existing site development and quality of design prevalent in the City in that the project meets the development standards imposed by the City's Zoning Code. 6. Landscape Design: As conditioned, the landscaping of the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the site, visually emphasize prominent design elements, provide a harmonious transition between the parking lot and the church, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of the plant palette, placement of shade trees and drought tolerant plants, provide an aesthetically pleasing and well functioning use of landscaping space. Resolution No. 2003-029 St. Francis of Assisi / CUP 2002-073 Adopted: May 20, 2003 Page 3 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 correct and constitute the findings of the City Council for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2002-073 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of May, 2003, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL H, Ma r City of La Quinta, California ATTEST: JUN S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) Resolution No. 2003-029 St. Francis of Assisi / CUP 2002-073 Adopted: May 20, 2003 Page 4 APPROVED AS TO FORM: M. KATHERINE JENS N, City Attorney City of La Quinta, California Resolution No. 2003-029 St. Francis of Assisi / CUP 2002-073 Adopted: May 20, 2003 a Page 5 GENERAL 1. The Conditions of Approval for this Conditional Use Permit (CUP 2002-073) are binding with the Conditions of Approval for Site Development Permit (SDP 2002-755) for the same project. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. Approval of this Conditional Use Permit is subject to compliance with Section 9.210.020 of the Zoning Code, as applicable. 4. The approved Conditional Use Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 5. The applicant 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. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Conditional Use Permit 2002-073 and Site Development Permit 2002-755.