PCRES 2005-008PLANNING COMMISSION RESOLUTION 2005-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A CHURCH IN AN EXISTING COMMERCIAL BUILDING
CASE NO.: CONDITIONAL USE PERMIT 2004-087
APPLICANT: DESERT OASIS FELLOWSHIP
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 8th day of February, 2005, hold a duly noticed Public Hearing to consider
the request of Desert Oasis Fellowship for a Conditional Use Permit to allow the
operation of a church in an existing multi -tenant commercial building, and more
particularly described as 79-440 Corporate Center Drive, Suite 116.
WHEREAS, said Conditional Use Permit has complied with the
requirements of the "Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Community Development
Department has determined that the proposed Conditional Use Permit is exempt from
CEQA review under Guidelines Section 15304 (Class 4); and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said
Conditional Use Permit:
1. The Conditional Use Permit is consistent with the City's General Plan in that the
proposed project furthers the City's General Plan goals for a full service
community. The use is consistent with the goals, policies and intent of the
General Plan Land Use Element.
2. The approval of this Conditional Use Permit is consistent with the Zoning
Ordinance in that the church project will conform to development standards
applicable to the use.
3. The proposed land use will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to, or incompatible with
other land uses insofar as activities will occur when the existing building is
otherwise not in use.
4. The proposed hours of operation are in the evenings and weekends when most
of the other on -site uses are closed. Therefore, adequate parking spaces will be
available for all tenants.
PAReports - PC\2005\02-08-05\CUP Desert Oasis\Reso.doc
Planning Commission Resolution 2005-008
Conditional Use Permit 2004-087
Desert Oasis Fellowship
February 8, 2005
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 constitute the Findings of the Planning
Commission in this case.
2. That it does hereby approve Conditional Use Permit 2004-087 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 the 8" day of February, 2005 by the
following vote, to wit:
AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Daniels
ABSTAIN: None
T6MIKIRK, Chairman
City of La Quinta California
ATTEST:
DOUGLA EVANS
Community Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2005-008
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2004-087
DESERT OASIS FELLOWSHIP
FEBRUARY 8, 2005
GFNFRAI
The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("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. This Conditional Use Permit shall comply with the requirements and standards
of Chapter 13 of the La Quinta Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-quinta.org.
3. Prior to the issuance of any building permit by the City, the applicant shall
obtain any necessary clearances and/or permits from the following agencies:
• Fire Marshal
• Police Department
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
5. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by
the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or
"As -Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant
shall have all AutoCAD or raster -image files previously submitted to the City,
revised to reflect the as -built conditions.
R\Reports - PC\2005\02-08-05\CUP Desert Oasis\COAs.doc
Planning Commission Resolution 2005-008
Conditions of Approval - Adopted
Conditional Use Permit 2004-087
Desert Oasis Fellowship
February 8, 2005
MAINTENANCE
6. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
7. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City
for plan checking and construction inspection. Deposits and fee amounts shall
be those in effect when the applicant makes application for plan check and
permits.
8. The use of the subject property shall be in conformance with the approved
exhibits, unless otherwise amended by the Conditions of Approval. Occupancy
of the facility shall not exceed 75 persons.
9. Church services shall occur on Sundays at 1.00 p.m., Wednesdays at 7.00
p.m., and Thursdays at 7.00 p.m. Changes to this schedule that do not conflict
with normal business hours of the other tenants in the complex may be
approved by the Community Development Director.
10. No signage is included in this approval. The project proponent shall comply with
the sign program associated with Site Development Permit 2000-669.
11. The applicant shall comply with all Fire Department requirements, including the
posting of occupancy limits prior to the issuance of a certificate of occupancy.
12. The applicant shall comply with all Police Department requirements.
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