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PC Resolution 2011-016PLANNING COMMISSION RESOLUTION 2011-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE CONTINUED OPERATION OF A CHURCH WITHIN AN EXISTING COMMERCIAL SPACE AT 47-110 WASHINGTON STREET CASE NO.: CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 APPLICANT: GRACE BAPTIST CHURCH WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11" day of October, 2011, hold a duly noticed Public Hearing to consider the request by the Grace Baptist Church for a time extension for a conditional use permit to allow the continued operation of a church within a ±3,000 square -foot commercial tenant space located within the La Quinta Professional Plaza at 47-110 Washington Street, at the southeast corner of Washington Street and Avenue 47 and more particularly described as, APN: 643-200-035 WHEREAS, said conditional use permit time extension application 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 Planning Department has determined that this request has been previously assessed as Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3 (Conversion of Small Structures) and no changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166.; 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 time extension: 1. The proposed use is consistent with the land use designation of Community Commercial. The City's General Plan Policies relating to Community Commercial encourage a wide range of commercial opportunities and support services. 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code. Continued use of the space as a church and administrative offices will have similar characteristics and impacts as professional offices and similar uses which are permitted by right under the Community Commercial zoning district, and will conform to the development standards applicable to the use. Planning Commission Resolution 2011-016 Conditional Use Permit 2007-107 Extension 1 Grace Baptist Church October 11, 2011 3. Processing of this conditional use permit time extension for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The Planning Department has determined that this request has been previously assessed as Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3 (Conversion of Small Structures). No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of this proposed use, subject to required Conditions of Approval, is consistent with the surrounding uses and will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. Use of the space as a church with administrative offices will have similar characteristics and impacts as the land use in which it is being located in. Hours and procedures of operations are based on the seating available and parking capacity of the facility and site. Furthermore, since the 2007 approval of the original permit, staff has not received any complaints from nearby residents and businesses regarding parking, traffic, and incompatibilities of use. 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 2007-107 Extension 1 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 11" day of October, 2011 by the following vote, to wit: AYES: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None Planning Commission Resolution 2011-016 Conditional Use Permit 2007-107 Extension 1 Grace Baptist Church October 11, 2011 JOON, Planning Director of a Quinta, California Q ED ALDERSON, Chairman City of La Quinta California PLANNING COMMISSION RESOLUTION 2011-016 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 GRACE BAPTIST CHURCH OCTOBER 11, 2011 GENERAL 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, 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 of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020. 3. This conditional use permit shall expire on December 11, 2015, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Any expansion of this use or substantial modifications to the approved floor plan may require an amendment of this conditional use permit. Minor modifications to this conditional use permit may be approved by the Planning Director, provided notification of existing tenants may be required prior to such approval. 5. Prior to issuance of any building permit by the City, the applicant shall obtain any necessary permits and/or clearances from the following agencies: Fire Marshal • Sheriff's 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 improvement plans for City approval. Contact the City of La Quinta Building & Safety Department (760-777-7012) for more information. PLANNING COMMISSION RESOLUTION 2011-016 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 GRACE BAPTIST CHURCH OCTOBER 11, 2011 PARKING/CIRCULATION 6. No on -street public parking outside the La Quinta Professional Plaza parking lot may be reserved for church parking. All on -street public parking areas shall remain available for public use. 7. Roadways/traffic aisles to structures and activities in and around the church shall be maintained accessible to emergency vehicles at all times. MISCELLANEOUS 8. No signage is included in this conditional use permit approval. A separate Sign Permit is required through the Planning Department if the applicant proposes signs for the church. The applicant shall comply with the La Quinta Professional Plaza Sign Program. 9. Church services shall occur only on the days and times specified in the Conditional Use Permit, which are based on the written request provided to the City by the Grace Baptist Church, dated May 25, 2011. Typical Sunday church services are permitted between the hours of 9:00 a.m. and 7:00 p.m., with a maximum attendance based on the proposed design of the sanctuary for 60 seats. Weekday church gatherings may occur intermittently, and the attendance limit for such use shall be based on the use of not more than 14 parking spaces, as stated in the lease agreement between the Church and property management. Changes to this schedule that do not conflict with normal business hours of the other tenants in the La Quinta Professional Plaza may be approved by the Planning Director. These restrictions are based on the statement of operations proposed by the church and included in a letter dated May 25, 2011 authored by Pastor Larry Chappell attached as Exhibit "A" and made a part of these conditions.