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PC Resolution 2018-004PLANNING COMMISSION RESOLUTION 2018 - 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VARIANCE 2018-0001 TO ALLOW FOR A NINE FOOT FRONT YARD SETBACK FOR THE EXISTING BUILDING AND ALLOW EXISTING MONUMENT SIGN TO ENCROACH INTO THE PUBLIC RIGHT OF WAY AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBERS: VARIANCE 2018-0001 APPLICANT: LA QUINTA KINGDOM HALL OF JEHOVAH'S WITNESSES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 24th day of April, 2018, hold a duly noticed Public Hearing to consider a request by La Quinta Kingdom Hall of Jehovah's Witnesses for approval of variance from development standards of the Medium Density Residential district, 46300 Dune Palms Road, more particularly described as: APN: 600-030-019 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on March 16, 2018 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 9.210.030 of the La Quinta Municipal Code to justify approval of said Variance: 1. Consistency with General Plan The proposed Variance is consistent with the goals and policies of the La Quinta General Plan in that the variance will ensure the applicant is able to protect its approved entitlements for existing buildings and structures determined to be consistent with the General Plan under Conditional Use Permit 2011-058, while also accommodating the 102 foot wide road right- of-way for Dune Palms Road in the General Plan 2035 Circulation Diagram Exhibit II-2. 2. Consistence with Zoning Code The variance, as conditioned, is consistent with the provisions of this zoning code as the proposed variance is not eligible for consideration of a minor Planning Commission Resolution 2018 - 004 Variance 2018-0001 La Quints Kingdom Hall of Jehovah's Witnesses Adopted: April 24 2018 Page 2 of 4 adjustment and allows the planning commission at a public hearing to consider proposals not consistent with applicable development standards. Furthermore, the existing building and sign structures were constructed pursuant to the La Quinta Municipal Code. The widening of the Dune Palms Road requires acquisition of additional street right-of-way, which will cause the subject Kingdom Hall building and monument sign to be inconsistent with setback standards. Therefore, the applicant requests variance approval to deviate from the 20-foot front building setback requirement of Section 9.50.030 Table of Development Standards for the Medium Density Residential District by allowing a 9 foot front building setback for the Kingdom Hall building. In addition, the applicant requests that the existing monument sign be permitted to deviate from the sign placement standards of Section 9.160.030.G, Sign Placement, that prohibits freestanding signs within 5 feet of a street right-of-way and allow encroachment within the street right-of-way. 3. Compliance with CEQA The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 (Class 1) of the Guidelines implementing CEQA California Environmental Quality Act in that the proposed project can be characterized as an existing facility. The subject property is less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. Furthermore, Environmental Assessment 2016-0009 was prepared for the Dune Palms Widening Project and a Mitigated Negative Declaration was approved by the City Council on July 19, 2016 and all impacts related to the road widening project can be mitigated to less than significant with the adopted mitigation measures. 4. Surroundina Use Approval of the proposed variance will not create conditions materially detrimental to public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The existing structures subject of the proposed variance are consistent with an existing land use for a place of worship approved by Conditional Use Permit 2001- 058 and is compatible with zoning on adjacent properties. Planning Commission Resolution 2018 - 004 Variance 2018-0001 La Quinta Kingdom Hall of Jehovah's Witnesses Adopted: April 24 2018 Page 3 of 4 5. Special Circumstances There are special circumstances applicable to the subject property such as location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. More specifically, the Dune Palms Widening Project will reduce the size of the Kingdom Hall property and cause the existing building and monument sign in their existing location to be nonconforming structures pursuant to the development standards of Section 9.50.030 Table of Development Standards and Section 9.160.030.G General Sign Standards. 6. Preservation of ProVerty_Rights The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. The request for a variance is caused by road widening activities that were not considered when entitlements for the Kingdom Hall facilities were approved. 7. No Special Privileges The variance's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. Land use approvals were previously granted for the Kingdom Hall facility through Conditional Use Permit 2001- 058. 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 the above project be determined by the City Council to be exempt from CEQA pursuant to Section 15301 (Class 1) of the CEQA Guidelines and consistent with Environmental Assessment 2016-0009 for the Dune Palms Road Widening Project. Planning Commission Resolution 2018 - 004 Variance 2018-0001 La Quinta Kingdom Hall of Jehovah's Witnesses Adopted: April 24 2018 Page 4 of 4 SECTION 3. That it does hereby approve Variance 2018-0001, 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 24th day of April, 2018, by the following vote: AYES: Commissioners Bettencourt, Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill NOES: None ABSENT: None ABSTAIN: None PAUL QUILL, Chairperson City of La Quinta, California ATTEST: GABRIEL P; EZ, f0lanning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2018-004 CONDITIONS OF APPROVAL - APPROVED VARIANCE 2018-0001 LA QUINTA KINGDOM HALL OF JEHOVAH'S WITNESSES ADOPTED: APRIL 24, 2018 Page 1 of 1 GENERAL 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 Variance recorded thereunder. 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. The future monument sign location shall be submitted for approval by the Design and Development Director to determine consistency with Variance 2018-0001 prior to relocation. 3. Any replacement or modification of the existing monument sign copy will require approval of a separate sign permit.