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PCRES 1998-012APLANNING COMMISSION RESOLUTION 98- 012A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-039 TO ALLOW A SMALL - ANIMAL VETERINARY HOSPITAL WITH ACCESSORY RESIDENCE AT 77-895 AVENIDA MONTEZUMA CASE NO. CONDITIONAL USE PERMIT 98-039 KATHRYN J. CARLSON, DVM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of April, 1998, hold a duly noticed Public Hearing, at the request of Kathryn J. Carlson, DVM, to consider Conditional Use Permit 98-039 for a small - animal veterinary hospital with accessory residence, and limited grooming and boarding services, located at 77-895 Avenida Montezuma; and, WHEREAS, the Historic Preservation Commission of the City of La Quinta, California did, on the 2nd day of April, 1998, hold a duly noticed meeting as requested by Kathryn J. Carlson, DVM, to consider Conditional Use Permit 98-039, did by Minute Motion 98-D03 recommend to the Planning Commission approval of Conditional Use Permit 98-039; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said Conditional Use Permit: 1. The design and improvements of the proposed Conditional Use Permit 98-039 are consistent with the current goals and objectives of the La Quinta General Plan, and the Village Specific Plan, in that the small -animal veterinary hospital and accessory residence meet the policies and goals for small businesses offering goods and services in the Village commercial area. 2. Conditional Use Permit 98-039 is consistent with current standards of the Zoning Code in that the existing Zoning District is VP (Village Park) that provides for approval of certain uses deemed desirable in the Village downtown for the convenience of residents and visitors, but have impacts which must be mitigated by conditions specific to each proposed use. 3. Conditional Use Permit 98-039 is consistent with the standards of the City's Subdivision Ordinance in that the design for access and circulation will consist of one way access through the property from Avenida Montezuma to a rear alley. 4. The design of the small -animal hospital and accessory residence are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 5. The design of the adaptive reuse is not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that Environmental Assessment 98-355, prepared for the conditional use permit, did not identify any significant impacts for this issue. 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; 2. That it does hereby approve the above described Conditional Use Permit, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of April, 1998, by the following vote, to wit: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard, and Chairman Butler NOES: None ABSENT: None ABSTAIN: None RICH BUTLER, Chairman City of La Quinta, California ATTEST: HER AN, Community Development Director La Uinta, California PLANNING COMMISSION RESOLUTION 98-012A CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 98-029 - KATHRYN J. CARLSON, DVM APRIL 14, 1998 Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this use. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. The use and development of this site shall be in conformance with the approved exhibits contained in Conditional Use Permit 98-039, unless otherwise amended by the following conditions. 3. The approved Conditional Use Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the establishing of small -animal veterinary hospital with limited boarding and animal grooming services and a second story residence for the veterinarian or staff caretaker. A time extension may be requested as permitted in Municipal Code Section 9.200.080D. 4. The hanging address sign shall be approved as presented by the applicant. 5. The landscape design shall be revised to show dwarf variety of mock orange, instead of mock orange, in the planter area in front of the building. 6. The trash enclosure and entry stucco walls shall be compatible, but not match the stucco of the historic structures.