PCRES 2009-007PLANNING COMMISSION RESOLUTION 2009-007
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
A CONVALESCENT/REHABILITATION FACILITY AS PART
OF A MEDICAL OFFICE COMPLEX LOCATED AT THE
NORTHWEST CORNER OF FRED WARING DRIVE AND
PALM ROYALE DRIVE
CASE NO.: CONDITIONAL USE PERMIT 2007-105
APPLICANT: MAYER VILLA CAPRI
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 24`h day of February, 2009, hold a duly -noticed Public Hearing
to consider a recommendation to the City Council approving a
Convalescent/Rehabilitation facility as part of an 130,450± square foot medical
office complex on 15 + acres located on the northwest corner of Fred Waring Drive
and Palm Royale Drive more particularly described as:
APN 609-070-053
WHEREAS, said Conditional Use Permit has been filed concurrently
with a Site Development Permit and Tentative Parcel Map and in whole represents
the development permit application for the project as contemplated; and,
WHEREAS, the Department has prepared a Draft Environmental
Impact Report ("Draft EIR"), State Clearinghouse #2007121009 in compliance with
the requirements of the California Environmental Quality Act (CEQA) of 1970 as
amended. The Draft EIR was presented to the La Quinta Planning Commission,
which reviewed and considered the information contained in the Draft EIR, as well
as all testimony presented at the public hearing, prior to its recommendations to
the City Council on the project application; and
WHEREAS, the Planning Department did publish a public hearing
notice in the Desert Sun newspaper, on the 13`h day of February, 2009, as
prescribed by the Municipal Code, with public hearing notices mailed to all property
owners within 500 feet of the property in question; and,
WHEREAS, the Historic Preservation Commission, at their meeting
held on the 6th, day of December, 2007, reviewed the archaeological resources
survey associated with the application, and adopted a Minute Motion
recommending approval of the survey to the Planning Commission, subject to staff -
recommended conditions; and
P:\reports-pc\2009\2-24-09\mayer villa Capri\sdp reso.doc
Planning Commission Resolution 2009-007
Conditional Use Permit 2007-105
Mayer Villa Capri
Adopted: February 24, 2009
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 a
recommendation of approval for the Conditional Use Permit:
1. Conditional Use Permit 2007-105 is consistent with the La Quinta General
Plan, in that the project site is designated as Community Commercial (CC)
which is intended to be developed with commercial uses similar to the
Convalescent/Rehabilitation use proposed herein. This commercial use will
therefore help achieve the goals and permitted uses of the CC designation..
2. Conditional Use Permit 2007-105 is consistent with the La Quinta Zoning
Code in that it is conditionally permitted under the CC zoning designation.
The project's proposed use is consistent with .the uses identified in the CC
district and have been designed and is conditioned to comply with the
development standards of the CC district and other Zoning Code
requirements such as parking, setbacks, building heights, and landscaping.
3. Processing and approval of Conditional Use Permit 2007-105 is in
compliance with the requirements of the California Environmental Quality
Act. The La Quinta Planning Department has prepared a Draft Subsequent
Environmental Impact Report SCH#2007121009 (Draft EIR) for the Project,
which includes Conditional Use Permit 2007-105, in compliance with the
requirements of the California Environmental Quality Act of 1970. The Draft
EIR was presented to the Planning Commission, which reviewed and
considered the information contained in said Draft EIR prior to its
recommendations to the City Council on the Project.
4. Approval of Conditional Use Permit 2007-105 will not create conditions
materially detrimental to the public health, safety and general welfare or be
injurious to or be incompatible with other properties or land uses in the
vicinity in that the use is self contained in a building that has been designed
to be compatible with the adjacent medical office buildings and commercial
complex. Furthermore, it is a significant distance from nearby residential and
school uses and will not create conditions, such as noise, odors, traffic, etc.
that will be detrimental to adjacent properties.
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;
Planning Commission Resolution 2009-007
Conditional Use Permit 2007-105
Mayer Villa Capri.
Adopted: February 24, 2009
2. That it does hereby recommend to the City Council approval of Conditional
Use Permit 2007-105, as referenced in the title of this Resolution, 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 City
of La Quinta Planning Commission, held on this the 24`h day of February, 2009, by
the following vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman
Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
bY1668"ON, Planning Director
La Quinta, California
PLANNING COMMISSION, RESOLUTION 2009-007
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2007-105
MAYER VILLA- CAPRI
ADOPTED: FEBRUARY 24, 2009
GENERAL
1. The use of the subject property for a convalescent/rehabilitation facility as part
of a medical complex shall be in conformance with the approved exhibits and
conditions of approval contained in Conditional Use Permit 20073-105w Site
Development Permit 20063-875, Tentative Parcel Map 35088 and
Environmental Assessment 2006-582, unless otherwise amended by the
following conditions.
2. The Conditional Use Permit shall be expire after two years of the effective date
of approval, and shall become null and void. A time extension for this
Conditional Use Permit may be requested as permitted in Municipal Code
Section 9.200.080 D.
3. Developer 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 project. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.