PC Resolution 2012-007PLANNING COMMISSION RESOLUTION 2012-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2011-132, ALLOWING A
CONVALESCENT HOSPITAL KNOWN AS THE LA QUINTA
MEMORY CARE FACILITY
CASE: CONDITIONAL USE PERMIT 2011-132
APPLICANT: LENITY GROUP, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 28' day of February, 2012, hold a duly noticed public hearing
to consider a request by Lenity Group, LLC to allow a convalescent hospital per
LQMC Section 9.80.040 for the La Quinta Memory Care Facility, generally located
on Washington Street, north of Avenue 48, more particularly described as:
APN: 643-200-033
WHEREAS, the La Quinta Planning Department has determined that
this, project is exempt from environmental review pursuant to Section 15332 (Class
32) of the California Environmental Quality Act in that the proposed project is less
than five acres, is an existing urban infill development located on a previously
graded and partially improved parcel, and is consistent with the current General
Plan policies, zoning regulations, and zoned land use; and,
WHEREAS, the Planning Department published a public hearing notice
in The Desert Sun newspaper on February 17, 2012 as prescribed by the Municipal
Code. Public hearing notices were also mailed to all property owners within 500
feet of the site; and,
WHEREAS, upon hearing and considering all testimony and arguments,
if any, of all interested persons desiring to be heard, said Planning Commission did
find the following facts, findings, and reasons to justify approval of Conditional Use
Permit 201 1-132:
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 land uses such as offices and personal
services.
Planning Commission Resolution 2012-007
Conditional Use Permit 2011-132
Lenity Group, LLC
Page 2
2. The proposed use is consistent with the provisions of the La Quinta
Zoning Code. The use of the site as a memory care facility will have
minimal impacts on the surrounding land uses, and will conform to the
development standards applicable to the use.
3. Processing of this Conditional Use Permit for the proposed use is in
compliance with the provisions of the California Environmental Quality
Act. The La Quinta Planning Department has determined that this project
is exempt from environmental review pursuant to Section 15332 (Class
32) of the California Environmental Quality Act in that the proposed
project is less than five acres, is an existing urban infill development
located on a previously graded and partially improved parcel, and is
consistent with the current General Plan policies, zoning regulations, and
zoned land use.
4. As conditioned, approval of this proposed use 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.
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 the Planning Commission does hereby approve Conditional Use
Permit 2011-132 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
Quints Planning Commission held on this 28' day of February, 2012, by the
following vote to wit:
AYES: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman
Alderson
NOES: None
Planning Commission Resolution 2012-007
Conditional Use Permit 2011-132
Lenity Group, LLC
Page 3
ABSENT: None
ABSTAIN: None
U
KS MANSON, Planning Director
ity of La Quinta, California
ED ALDERSON, Chairman
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2012-007
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2011-132
LA QUINTA MEMORY CARE FACILITY
FEBRUARY 28, 2012
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. Conditional Use Permit 2011-132 shall comply with all applicable conditions
of approval for the following related approval:
• Site Development Permit 201 1-919
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Planning Director shall determine precedence.
4. The Conditional Use Permit shall expire two years from the date of Planning
Commission approval (February 28, 2014), and shall become null and void in
accordance with La Quinta Municipal Code Section 9.210.020, unless a
building permit has been issued.
5. Any expansion of this use or substantial modifications to the approved floor
plan shall require an amendment of this conditional use permit. Minor
modifications to this Conditional Use Permit shall be considered by the
Planning Director in accordance with LQMC 9.200.090, and may require
notification of surrounding property owners prior to such approval. All other
amendments shall be processed in accordance with LQMC 9.200.100.
6. 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
PLANNING COMMISSION RESOLUTION 2012-007
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2011-132
LA QUINTA MEMORY CARE FACILITY
FEBRUARY 28, 2012
• 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.
PARKING/CIRCULATION
7. The community van parking space shall be located in the eastern parking
area, beneath a carport.
MISCELLANEOUS
8. Prior to the issuance of any building permit by the City, the applicant shall
submit to the Planning Department evidence of appropriate State, County,
and local licenses to operate the proposed care facility.