PCRES 2006-030PLANNING COMMISSION RESOLUTION 2006-030
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUNNTA, CALIFORNIA APPROVING OF
USES FOR A BILLIARDS CENTER AND BAR IN LA
QUNITA VALLEY PLAZA COMMERCIAL CENTER
CASE NO.: CONDITIONAL USE PERMIT 2006-098
APPLICANT: PREMIER BILLAIRDS
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the, 12T" day of September, 2006 hold a duly noticed Public Hearing, to review
the proposed uses applied for in Conditional Use Permit 2006-098, including a Billiards
Center and Bar Use in leased space in a multi -tenant commercial building generally
located north of Highway 111 and west of Dune Palms Road more particularly
described as:
79-400 HIGHWAY 111, SUITES 102 AND 103 AND;
WHEREAS, the Community Development Department has determined that
the request has been previously assessed in conjunction with environmental
assessment 99-383 prepared for Specific Plan 99-036, which was certified by the City
Council on September 9, 1999. No changed circumstances or conditions are
proposed, nor has any new information been submitted which would trigger the
preparation of a subsequent environmental review pursuant to Public Resources Code
Section 21166.
WHEREAS, the Community Development Department published the public
hearing notice in the Desert Sun newspaper on the 30' day of August, 2006, 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, the Project materials, staff report, staff
presentation, the applicant's presentation, and the testimony and materials submitted
by interested persons during the public hearing, did establish the following facts which
support a recommendation for approval of Conditional Use Permit 2006-098.
1. The proposed uses for the Billiards Center and bar are consistent with the City's
General Plan in that the property is designated Mixed/Regional Commercial
(M/RC). The uses are consistent with the goals, policies and intent of the La
Quinta General Plan Land Use Element (Chapter 2).
2. The proposed uses are consistent with the goals and objectives of Specific Plan
99-036 in that the project is a permitted use and complies with the development
standards and design guidelines.
Planning Commission Resolution 2006-030
Conditional Use Permit 2006-098
Premier Billiards
Adopted: September 12, 2006
3. The proposed uses are consistent with the City's Zoning Code in that the
proposed uses is compatible with zoning ordinances policies, and that such uses
would be essential or desirable to the public convenience or welfare, and will not
impair the integrity and character of the zoned district
4. That approval of this Conditional Use Permit, in this case, will not be detrimental
to the public health, safety or general welfare or injurious to, or incompatible
with the properties and land uses in the vicinity in that the public agencies
have reviewed the proposed use for these issues with no significant concerns
identified.
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
Commission in this case;
2. That it does hereby approve of Conditional Use Permit 2006-098 for the reasons
set forth in this Resolution and subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Planning Commission, held on this the 121h day of September, 2006, by the
following vote, to wit:
AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill
NOES: None
ABSENT: None
ABSTAIN: None
aul Quill, Chairman
City of La Quinta, California
ATTEST:
DOUGA. EVANS,
Comm66ity Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2006-030
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2006-098
PREMIER BILLIARDS
SEPTEMBER 12, 2006
GENERAL
1. 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 Site
Development Permit. 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.
2. The subject property for a billiards center and bar shall be in conformance with
the approved application exhibits (including floor plans) and conditions of
approval contained in Conditional Use Permit 2006-098, unless otherwise
amended by the following conditions.
3. The applicant shall be required to amend this or file a new Conditional Use
Permit if the applicant proposes to apply for a different type of license other
than the Class 42 from the California State Department of Alcoholic Beverage
Control (ABC).
4. The hours of operation of the Billiards Center shall be limited to: Monday thru
Thursday - 1 1 :00 am to 9:00 pm, Friday and Saturday - 1 1:00am to 1 1:0bpm,
and Sunday - 2:00pm to 8:00pm.
5. Applicant shall be responsible for the healthy and sanitary operations of the
facility including but not limited to monitoring the parking lot for loitering and
littering. The City shall maintain the ability to revoke this CUP and set a new
public hearing date in order to impose additional conditions to correct problems
that may arise such as property maintenance and related Municipal Code
violations, and excessive criminal and nuisance related responses from law
enforcement. Additional conditions, to correct problems, include but are not
limited to on -site licensed security, modifications of hours of operation, and
restricted occupancy.
6. Applicant shall obtain a determination signed by the City Manager that public
— convenience and necessity (per Business and Professional Code Section 23958
and 23958.4) is warranted by the issuance of a license for beer and wine from
ABC.
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PLANNING COMMISSION RESOLUTION 2006-030
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2006-098
PREMIER BILLIARDS
SEPTEMBER 12, 2006
7. The Conditional Use Permit shall be expire after one year from the effective date
of approval, and shall become null and void if no the proposed use is not
opened. A time extension for this Conditional Use Permit may be requested as
permitted in Municipal Code Section 9.200.080 D.
8. The applicant shall notify the Director of Community Development and the Police
Chief regarding any changes to the business ownership.
SHERIFF DEPARTMENT
9. All windows in the facility, both north (parking lot) and south (Highway 11 1)
sides of the building, shall be maintained free of visual obstruction (banners,
signs, product displays, furniture, etc.) in order to provide visual surveillance.
10. Final conditions will be addressed when building plans are reviewed. Prior to
issuance of a building permit, applicant shall review building plans with the
Sheriff's Department regarding vehicle code requirements, defensible space, sl
other law enforcement and public safety concerns. All questions regarding the
Sheriff Department should be directed to the Senior Deputy at (760) 863-8950.
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