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PCRES 2008-022PLANNING COMMISSION RESOLUTION 2008-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2008-111, ALLOWING THE ESTABLISHING OF A 42,000 SQUARE FOOT HEALTH CLUB WITHIN MADISON SQUARE CASE NO.: CONDITIONAL USE PERMIT 2008-111 APPLICANT: HIGHWAY ONE ELEVEN PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22n° day of July, 2008 hold a duly noticed public hearing to consider a request by Highway One Eleven Partners, LLC for a Conditional Use Permit to allow the establishing of a an approximately 42,000 square foot health club located within Madison Square, generally located north of Highway 111 and east of Dune Palms Road, more particularly described as: APN: 600-030-018 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2008-593 for Conditional Use Permit 2008-111 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings to justify their approval of Conditional Use Permit 2008-111: 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. The use of the site as a fitness club will have minimal impacts on the surrounding land uses, and will conform to the development standards applicable to the use. Planning Commission Resolution No. 2008-022 Conditional Use Permit 2008-111 - FINAL Highway One Eleven Partners, LLC July 22, 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 Planning Department has prepared Environmental Assessment 2008-593 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. 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. 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. That the Planning Commission does hereby approve Conditional Use Permit 2008-111 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 2008, by the following vote to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None M��ED AL ERSON, Chairman City of La Quinta, California Planning Commission Resolution No. 2008-022 Conditional Use Permit 2008-111 - FINAL Highway One Eleven Partners, LLC July 22, 2008 ATTEST: LES'HNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008-022 CONDITIONS OF APPROVAL — FINAL CONDITIONAL USE PERMIT 2008-111 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 GENERAL 1. 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. Conditional Use Permit 2008-111 shall be operational by July 22, 2010, two years from the date of Planning Commission approval, unless a time extension has been granted pursuant to the requirements of La Quinta Municipal Code 9.200.080. 3. Conditional Use Permit 2008-111 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2008-593 • Site Development Permit 2008-902 • Tentative Parcel Map 36067 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Hours of operation shall not exceed 4:OOam to 11:00pm seven days a week. Any modifications proposing to extend the hours of operation shall be submitted to the Planning Director. Minor modifications may be determined by the Planning Director. The Planning Director shall reserve the right to defer the determination to the Planning Commission. A duly noticed public hearing shall be conducted prior to a determination made by the Planning Commission. PLANNING COMMISSION RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2008-111 HIGHWAY ONE ELEVEN PARTNERS, LLC JULY 22, 2008 5. Any expansion or modification to Conditional Use Permit 2008-111, other than as described in condition #3, shall require an amendment of this Conditional Use Permit. Minor amendments to this Conditional Use Permit shall be considered by the Planning Director in accordance with LQMC 9.200.090. All other amendments shall be processed in accordance with LQMC 9.200.100.