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CC Resolution 2010-047RESOLUTION NO. 2010 - 047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A CHURCH PARKING LOT AT 43-225 WASHINGTON STREET. CASE NO.: CONDITIONAL USE PERMIT 2006-097 APPLICANT: PREST VUKSIC ARCHITECTS WHEREAS, the City Council of the City of La Quinta, California, did, on the 151" day of June, 2010, hold a duly noticed Public Hearing to consider the request of Prest Vuksic Architects for Conditional Use Permit 2006-097, located on the west side of Washington Street between Avenues 47 and 48, more particularly described as: APN: 643-090-026 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2006-564) and has determined that although the proposed Project could have a significant effect on the environment, there will not be a significant effect from this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance, and that a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring Program should be adopted; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25" day of May, 2010, hold a duly noticed Public Hearing to consider adoption of a recommendation on Conditional Use Permit 2006-097 and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2010-016;and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of said Conditional Use Permit: Finding A - The proposed Conditional Use Permit is consistent with the General Plan in that the General Plan authorizes the use of churches within Residential Low Density land use designations. Although the proposed project involves changed conditions to the existing church site, it does not involve an expansion or a change in use. As a result, the Conditional Use Permit is consistent with the goals, objectives and policies of the General Plan. Finding B - The proposed Conditional Use Permit is compatible with the Low Density Residential Zoning District because churches and religious facilities are an approved Resolution 2010-047 Conditional Use Permit 2006-097 St. Francis Church Parking Lot Adopted: June 15, 2010 Page 2 land use with a Conditional Use Permit. The proposed parking lot does not involve an expansion of an existing use and will replace an existing temporary parking facility that serves an existing church. Finding C - 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 conducted an Initial Study (Environmental Assessment 2006-564) and has determined that although the proposed Project could have a significant effect on the environment, there will not be a significant effecting this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring Program should be adopted. Finding D - Approval of this Conditional Use Permit 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. The project replaces an existing temporary parking lot within an existing church site with a permanent paved parking lot. Grading of the proposed parking area will not result in a significant change to the existing project site or interfere with scenic views. Water -efficient irrigated landscaping will be installed with the project that will improve dust control over what currently exists on site and a retention basin will be constructed to improve local stormwater conditions. The project will not result in a change in land use from the property's current use as a church parking lot. As a result, the proposed land use is compatible with adjacent land uses and will not have an impact on health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby approve Conditional Use Permit 2006-097 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 City Council, held on this the 151h day of June, 2010 by the following vote, to wit: AYES: Council Members Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: Council Member Evans Resolution 2010-047 Conditional Use Permit 2006-097 St. Francis Church Parking Lot Adopted: June 15, 2010 Page 3 nr�� I DON ADO PH, Maor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHMINE JrN,S4N, City Attorney City of La Quinta, -California Resolution 2010-047 Conditional Use Permit 2006-097 St. Francis Church Parking Lot Adopted: June 15, 2010 Page 4 CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), 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 shall have sole discretion in selecting its defense council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Conditional Use Permit 2006-097 shall expire on June 15, 2012, _two years after City Council approval, unless established or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080-(Permit expiration and time extensions). 3. Conditional Use Permit 2006-097 shall comply with all applicable conditions. of approval for Site Development Permit 2006-860 and mitigation and monitoring measures for Environmental Assessment 2006-564. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Riverside County Fire Marshall • Public Works Department (Grading Permit, Improvement Permit) • Planning Department • Riverside County Environmental Health Department • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • The Gas Company • Sunline Transit Agency • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. When the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 4. The applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if the applicant requests that the City modify or revise any Resolution 2010-047 Conditional Use Permit 2006-097 St. Francis Church Parking Lot Adopted: June 15, 2010 Page 5 documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and the applicant's failure to make such payment shall be a material breach of the Conditions of Approval. MAINTENANCE 5. The applicant shall comply with the provisions of LQMC Section 13.24.160, and shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from its responsibility by the appropriate public agency. FEE AND DEPOSITS 6. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 7. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. PARKING AREAS 8. Prior to approval of any grading permits, the Applicant shall submit to the Planning and Public Works department a temporary parking plan to identify the locations and scheduling for alternative parking locations during grading and construction of the parking areas. 9. Use of the temporary overflow parking area shall be limited to special events and religious holidays when the other parking lots are anticipated to reach capacity. 10. Parking lot lighting shall be turned off or reduced within one hour following the conclusion of evening events. Lighting within the temporary overflow parking area shall only be activated when the temporary lot is being used for special events during evening hours.