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PCRES 1999-075PLANNING COMMISSION RESOLUTION 99-075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PRESCHOOL FACILITY AND A RELATED PARKING LOT, LANDSCAPING AND OUTDOOR PLAYGROUND WITHIN THE LOW DENSITY RESIDENTIAL (RL) ZONING DISTRICT AT THE NORTHEAST CORNER OF ADAMS STREET AND MILES AVENUE. CASE NO.: CONDITIONAL USE PERMIT 99-044 APPLICANT: MARK & DOROTHY HASTINGS/FIRST SCHOOL OF THE DESERT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of October, 1999, hold a duly noticed Public Hearing, at the request of Mark & Dorothy Hastings, to consider a Conditional Use Permit for a preschool facility with a related parking lot, landscaping and outdoor playground within the Low Density Residential (RL) Zoning District, located at the northeast corner of Adams Street and Miles Avenue, more particularly described as: A Portion of APN 604-071-005 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: Consistency with General Plan. The proposed land use is consistent with the policies, goals, and intent of the General Plan in that such services and activities within a residential neighborhood enhance the quality of life in the adjacent community and the City of La Quinta. 2. Consistency with Zoning Code. The proposed preschool land use is consistent with the intent of the RL Zoning District, subject to an approved conditional use permit and the attached conditions of approval. The Community Development Director has found that the proposed preschool land use may be permitted provided that a conditional use permit is approved by the Planning Commission. 3. Consistency with CEQA. Environmental Assessment 99-382 was prepared for the proposed preschool facility with a recommended Mitigated Negative Declaration of Environmental Impact. With the implementation of. the recommended mitigation measures, impacts will be mitigated to a level of insignificance. PAperesCUP99-044Hastings10-26-99.wpd Page I of 2 Planning Commission Resolution 99-075 Conditional Use Permit 99-044- Hastings October 26, 1999 4. Consistency with Surrounding Uses. The proposed preschool land use will be consistent with the existing and planned surrounding uses in that there is a church campus adjacent to the west providing comparable activities and desired community services to the neighboring residents. The operation of the preschool will be limited to weekday daytime hours, and will not interfere with the lower nighttime and weekend noise levels of the adjacent residential neighborhoods. Also, the site grading, massing, and scale will be compatible with surrounding residential uses. 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 26th day of October, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN Commissioners Butler, Robbins, Tyler and Chairman Kirk None Commissioner Abels None RK, Chairman La Quinta, California ATTEST: p ( HEOM N, Community Development Director of La Quinta, California PAperesCUP99-044Hastings 10-26-99.wpd Page 2 of 2 PLANNING COMMISSION RESOLUTION 99-075 CONDITIONAL USE PERMIT 99-044 CONDITIONS OF APPROVAL - FINAL HASTINGS - FIRST SCHOOL OF THE DESERT OCTOBER 26, 1999 GENERAL CONDITIONS OF APPROVAL 1. 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 applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Approval of this Conditional Use Permit is subject to compliance with Sections 9.210.020 and 9.170.010 of the Zoning Code, as applicable. 3. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Conditional Use Permit 99-044, unless amended by the following conditions. 4. The approved Conditional Use Permit shall be used within one year from City approval date of October 26, 1999; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction as allowed by this approval. One year time extensions up to a total of two extensions may be requested pursuant to City requirements. 5. This Conditional Use Permit shall be used in conjunction with Site Development Permit 99-655. 6. Parking lot lighting shall have recessed or flat lens, be shielded, and use a maximum 18 foot high light pole. 7. Parking lot lights shall be turned off by 9:00 p.m. PApccoaCUP99-044Hastings10-26-99.wpd Page t of 1