PCRES 2008-023PLANNING COMMISSION RESOLUTION 2008-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF AN ICE-SKATING RINK IN AN EXISTING COMMERCIAL
SPACE AT 79-430 HIGHWAY 111
CASE NO.: CONDITIONAL USE PERMIT 2008-113
APPLICANT: GARY STEVEN
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 26' day of August, 2008, hold a duly noticed Public Hearing to consider the
request by Gary Steven for a Conditional Use Permit to allow the operation of an ice
skating rink within a ± 15,400 square -foot commercial space located within the La
Quinta Valley Plaza at 79-430 Highway 1 1 1, near the northwest corner of Dune Palms
Road and Highway 1 1 1 and more particularly described as,
APN: 649-820-005
WHEREAS, said Site Development Permit application has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Community Development
Department has determined that the proposed Conditional Use Permit is exempt from
CEQA review under Guidelines Section 15301 (Leasing of Existing Private Facilities);
and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the Planning
Commission did make the following mandatory findings to justify approval of said
Conditional Use Permit:
1. The proposed use is consistent with the land use designation of Regional
Commercial. The City's General Plan Policies relating to Regional Commercial
encourage a wide range of commercial opportunities and support services.
2. The proposed use is consistent with the provisions of the La Quinta Zoning
Code Section 9.80.040 Table 9-5 and the Director's determination. Use of
the space as an ice skating rink will have similar characteristics and impacts
as miniature golf/recreation center and tennis club or complexes, and similar
uses which are permitted by right under the Regional Commercial zoning
district.
CUP 2008-113 PC Resolution
Planning Commission Resolution 2008- (�a3
Conditional Use Permit 2008-113
Gary Steven - The Ice Garden
August 26, 2008
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 Community Development Department has determined that the
request is exempt from CEQA under Guideline Section 15301 (Leasing of
Existing Private Facilities). As a result, no environmental review is required.
4. 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. Use of the space as an ice skating
rink will have similar characteristics and impacts as neighboring land uses.
5. The mix of businesses within the center has and continues to change from
one with a majority of retail uses with standard 9:00a.m. to 9:00 p.m. hours
to a balanced mix with more uses with limited evening and weekend hours
of operation.
6. Due to the current design and location of the center, this trend in business
mix and hours of operation is likely to continue.
7. The primary hours of operation for the proposed use are in the evening and
on weekends, and;
8. The type of uses that do operate in the evening and on weekends would
likely benefit from the addition of a destination type use within the center
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. Despite the shortage of 11 spaces (4% of the total required), sufficient
parking to accommodate the needs of the proposed use and the other uses
within the center as proposed and conditioned is provided.
3. That it does hereby approve Conditional Use Permit 2008-113 for the
reasons set forth in this Resolution, and subject to the attached Conditions
of Approval.
CUP 2008-113 PC Resolution
Planning Commission Resolution 2008- 043
Conditional Use Permit 2008-113
Gary Steven — The Ice Garden
August 26, 2008
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning
Commission, held on this the 26' day of August, 2008 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
a—u&su��
ED ALDERSON, Chairman
City of La Quinta California
ATTEST:
City of La Quinta, California
CUP 2008-113 PC Resolution
PLANNING COMMISSION RESOLUTION 2008-023
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2008-113
GARY STEVEN — ICE GARDEN
AUGUST 26, 2008
GFNFRAI
1. By operating this ice rink, 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. This Conditional Use Permit shall expire on August 26, 2010, two years after
the Planning Commission approval date if approved use is not established;
unless a time extension is granted pursuant to Section 9.200.080 if use is
not established within that timeframe.
3. Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain any necessary clearances and/or permits from
the following agencies, if required:
• Fire Marshall
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• Planning Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Unified School District
• Imperial Irrigation District (IID)
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirement includes
approval of improvements plans, the applicant shall furnish proof of such
approvals when submitting those improvements plans for City approval
4. The applicant shall comply with all applicable provisions of the La Quinta
Municipal Code (LQMC).
5. Prior to issuance of a building permit, all plans must comply with the 2007
California Building Code (CBQ.
CUP 2008-113 PC Conditions
PLANNING COMMISSION RESOLUTION 2008-023
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2008-113
GARY STEVEN — THE ICE GARDEN
AUGUST 26, 2008
6. The Ice Garden owner shall ensure that adequate outdoor trash and other
facilities are provided.
7. The City of La Quinta reserves the right to review and monitor the operation
of this facility and modify Conditions of Approval regarding hours of
operation, occupancy, and other operational conditions. The applicant shall
comply with the operations plan submitted and attached to the staff report.
8. Any expansion of this use or substantial modifications to the approved floor
plan may require an amendment of this Conditional Use Permit. Minor
modifications to this Conditional Use Permit may be approved by the
Planning Director, provided notification of existing tenants may be required
prior to such approval.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refer to persons currently certified or
licensed to practice their respective professions in the State of California.
9. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of Section 13.24.040 (Improvement Plans), LQMC.
10. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for
each line item specified below shall be prepared. The plans shall utilize the
minimum scale specified, unless otherwise authorized by the City Engineer in
writing. Plans may be prepared at a larger scale if additional detail or plan
clarity is desired. Note, the applicant may be required to prepare other
improvement plans not listed here pursuant to improvements required by
other agencies and utility purveyors.
A. On -Site Non -Residential/ Commercial Precise Grading Plan
1 " = 20' Horizontal
Note: The applicant shall submit a revised precise grading plan for La Quinta
Valley Plaza, Parcel Map No. 31172, Plan Set Number 04022 as required by
the City Engineer.
CUP 2008-113 PC Conditions
PLANNING COMMISSION RESOLUTION 2008-023
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2008-113
GARY STEVEN — THE ICE GARDEN
AUGUST 26, 2008
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
11. The applicant shall furnish a complete set of the mylars of all approved
improvement plans to the City Engineer.
12. Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -
Built" or "As -Constructed" and shall be stamped and signed by the engineer
or surveyor certifying to the accuracy and completeness of the drawings.
The applicant shall have all approved mylars previously submitted to the
City, revised to reflect the as -built conditions. The applicant shall employ or
retain the Engineer Of Record during the construction phase of the project so
that the EOR. can make site visits in support of preparing As Built drawings.
However, if subsequent approved revisions have been approved by the City
Engineer and reflect said "As -Built" conditions, the Engineer Of Record may
submit a letter attesting to said fact to the City Engineer in lieu of mylar
submittal.
DRAINAGE
13. Stormwater handling shall conform with the approved hydrology and
drainage report for Parcel Map No. 31172. Nuisance water shall be retained
on site. Nuisance water shall be disposed of per approved methods
contained in Engineering Bulletin No. 06-16 — Hydrology Report with
Preliminary Hydraulic Report Criteria for Storm Drain Systems and
Engineering Bulletin No. 06-015 - Underground Retention Basin Design
Requirements.
MAINTENANCE
14. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
15. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping,
access drives, and sidewalks.
FEES AND DEPOSITS
CUP 2008-113 PC Conditions
PLANNING COMMISSION RESOLUTION 2008-023
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2008-113
GARY STEVEN — THE ICE GARDEN
AUGUST 26, 2008
16. The applicant shall comply with the provisions of Section 13.24.180 (Fees
and Deposits), LQMC. These fees include all deposits and fees required by
the City for plan checking and construction inspection. Deposits and fee
amounts shall be those in effect when the applicant makes application for
plan check and permits.
17. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
CUP 2008-113 PC Conditions