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PCRES 2014-004PLANNING COMMISSION RESOLUTION 2014 - 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2013-155, ESTABLISHING BELLA CRISTIA BED AND BREAKFAST INN WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE CASE NO.: CONDITIONAL USE PERMIT 2013-155 APPLICANT: LEAH AND PATRICK SWARTHOUT WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251" day of February, 2014, hold a duly noticed Public Hearing to consider a request by Leah and Patrick Swarthout for approval of a bed and breakfast inn, generally located at 78-705 Avenida Torres, more particularly described as: APN: 770-172-005 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on February 14, 2014, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 9.210.020 of the Municipal Code to justify approval of said Conditional Use Permit: 1 . Consistency with General Plan The proposed use is consistent with the General Plan land use designation of Low Density Residential. The City's General Plan policies relating to Low Density Residential encourage a full range of residential uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code As conditioned, the proposed use is consistent with the provisions of the zoning code. Bed and breakfast inns are permitted in the Low Density Residential zone with approval of a Conditional Use Permit. The proposed bed and breakfast inn will have minimal impacts on the surrounding land uses, and will conform to the development standards applicable to the use. Planning Commission Resolution 2014 — 004 Conditional Use Permit 2013-155 Bella Cristia Bed and Breakfast Inn Applicant: Leah and Patrick Swarthout Adopted: February 25, 2014 Page 2 3. Compliance with CEQA Processing of this Conditional Use Permit for the proposed use complies with the provisions of the California Environmental Quality Act. The Community Development Department has determined that this project is exempt from environmental review pursuant to Sections 15303 (Conversion of Small Structures) as it consists of the conversion of an existing small structure (single-family residence) from one use to another. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed use is contained within an existing single family residence, is in conformance with current all current fire, health, and building codes, and conditions of approval have been incorporated to mitigate potential code compliance conflicts. 5. Bed & Breakfast Required Findings The property is physically suitable for use as a bed and breakfast facility, and the use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. It is anticipated that the number of guest rooms and maximum number of guests will not significantly affect the residential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby approve Conditional Use Permit 2013-155, 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 25th day of February, 2014, by the following vote: Planning Commission Resolution 2014 — 004 Conditional Use Permit 2013-155 Bella Cristia Bed and Breakfast Inn Applicant: Leah and Patrick Swarthout Adopted: February 25, 2014 Page 3 AYES: Commissioners Blum, Wilkinson, Wright, and Chairperson Barrows NOES: Commissioner Weber ABSENT: None ABSTAIN: None KATIE BAR S, Chairperson City of La Quinta, California 0 vE S OHNSON, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2014-004 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2013-155 BELLA CRISTIA BED AND BREAKFAST INN APPLICANT: LEAH AND PATRICK SWARTHOUT FEBRUARY 25, 2014 C;FNFRAI The use permit may be modified or revoked by the City Council, or Planning Commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. 2. Any expansion of this use or substantial modification that results in a change of use shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Community Development 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. 3. The Conditional Use Permit shall expire on February 25, 2016 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. The bed and breakfast shall be conducted only by a person owning the dwelling and residing therein as their principal place of residence. The use permit shall be voided upon the sale or transfer of the property ownership. 5. The bed and breakfast shall accommodate a maximum of four guests in two guest rooms. 6. Individual guest rooms shall not contain cooking facilities. 7. Signs shall not exceed two square feet attached to the house. 8. The bed and breakfast inn shall be subject to all applicable provisions of Chapter 3.24 of the municipal code (Transient Occupancy Tax). 9. The applicant shall obtain all necessary permits and clearances from the Public Works Department to create a driveway apron for the guest parking area. Page 1 of 1