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PCRES 2003-052PLANNING COMMISSION RESOLUTION 2003-052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ADDITION OF APPROXIMATELY 688 SQUARE FEET TO AN EXISTING. RESIDENTIAL STRUCTURE AND COVERTING THE STRUCTURE TO OFFICE SPACE WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT. CASE NO.: VILLAGE USE PERMIT 2003-017 APPLICANT: ALAN & SUSAN O'NEIL WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 29 day of July, 2003 hold a duly noticed Public Hearing to consider a request by Alan & Susan O'Neil to allow the addition of approximately 688 square feet to an existing structure and convert the structure to office use at 51-455 Desert Club Drive, more particularly described as follows: APN: 770-153-003 WHEREAS, said Village Use Permit 2003-017 is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor modifications are made to the structure and therefore, will have no permanent effects on the environment; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.65.040 of the Zoning Code to justify approval of said Village Use Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the proposed use is an allowed use within the designated Village Commercial area. 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that the proposed use is a permitted use in the Village Commercial District with approval of a Village Use Permit by the Planning Commission. _ 3. Compliance with CEQA: The proposed use is Categorically Exempt from environmental review pursuant to provisions of Section 15303 (Class 3) of the California Environmental Quality Act (CEQA), in that the use involves the conversion of an existing structure from one use to another where only minor 71 Planning Commission Resolution 2003-052 Village Use Permit 2003-017 — Alan Susan O'Neil Adopted: July 29, 2003 modifications are made to the structure and therefore, will have no permanent effects on the environment. 4. Surrounding Uses: Approval of the Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that the structure is existing and office uses are allowed in the area. Other office uses also exist in the vicinity. 5. Architectural Design: The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development in that the existing structure appears similar in nature to other structures in the immediate area and is in keeping with the character of the neighborhood. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission for this Village Use Permit; 2. That it does hereby approve Village Use Permit 2002-017 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 29 day of July, 2003, by the following vote, to wit: AYES: Commissioners Abels, Daniels, and Tyler NOES: None ABSENT: Chairman Kirk ABSTAIN: None P:\Martin\VUP 03-017\PC Reso VUP 03-017.wpd Planning Commission Resolution 2003-052 Village Use Permit 2003-017 — Alan Susan O'Neil Adopted: July 29, 2003 QUZS ABELS, Vice Chairman of a Quinta, California ATTEST: munity Development Director of La Quinta, California P:\Martin\VUP 03-017\PC Reso VUP 03-017.wpd PLANNING COMMISSION RESOLUTION 2003-052 VILLAGE USE PERMIT 2003-017 — ALAN & SUSAN O'NEIL CONDITIONS OF APPROVAL - FINAL ADOPTED: JULY 29, 2003 GENERAL The use of this site shall be in conformance with the approved exhibits contained in Village Use Permit 2003-017, unless otherwise amended by the following conditions. 2. This Village Use Permit allows the addition of approximately 688 square feet to an existing residential structure and converting the structure into office space for a telecommunications company. The applicant shall comply with all building code requirements for the modifications to the structure, including Americans with Disabilities (ADA) requirements. 3. All storage on the premises shall be fully enclosed. Any outdoor storage that is not fully enclosed shall be a violation of the Zoning Code and grounds for Code enforcement action. There shall be no vehicles, trailers or equipment stored in the public right-of-way or in an area visible from a public street at any time. 4. The applicant shall comply with the City's dark sky ordinance. The existing two light fixtures in the front and rear of the structure shall be lowered to, or below, the fascia and shielded, or replaced with complying fixtures so that light is projected downward and not onto adjacent properties or the street. 5. The existing landscaping on the site shall be maintained in an orderly manner at all times. Additional landscaping (drought tolerant) shall be planted along the front and east side of the structure to enhance the visual appearance of the site. 6. The exterior materials and colors of the enclosures/additions shall match the existing materials and colors of the structure. 7. The applicant shall provide a minimum of four parking spaces on -site as follows: a. two spaces on the north side (one on the circular driveway and another on the existing driveway). b. two spaces on the south side (tandem - one under the carport and one directly behind that space on the driveway). PLANNING COMMISSION RESOLUTION 2003-052 VILLAGE USE PERMIT 2003-017 CONDITIONS OF APPROVAL -FINAL JULY 29, 2003 8. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, or litigation arising out of the City's approval of this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion.