PC Resolution 2012-0177
PLANNING COMMISSION RESOLUTION 2012-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW FOR EXPANDED OPERATION AND ADDITIONAL
SEATING AT AN EXISTING RESTAURANT LOCATION
CASE NO.: CONDITIONAL USE PERMIT 2012-144
APPLICANT: LMLQ PROPERTIES, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 11 " day of September, 2012, hold a noticed Public
Hearing to consider a request by LMLQ Properties, LLC, to permit the
allowance of expanded restaurant operations and additional seating at the
existing restaurant site, located at the northeast corner of Washington Street
and Lake La Quinta Drive, in the City of La Quinta, more particularly
described as:
APN: 643-200-005
WHEREAS, the Planning Department published the public
hearing notice in the Desert Sun newspaper on the 30`" day of August,
2012, for the 11 " day of September, 2012, Planning Commission meeting as
prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning
Code, and by mailing a copy of said public hearing notice to all property
owners and residents within 500 feet of the site; and
WHEREAS, the Planning Department has determined that this
Conditional Use Permit has been assessed as part of an environmental
assessment (EA 2001-412), and certified by the La Quinta City Council on
April 3, 2001. The Planning Department has determined that no new
environmental analysis under the California Environmental Quality Act is
necessary; 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 9.210.020 of the Zoning Code to justify approval of said
Conditional Use Permit:
1. Consistency with the General Plan: The conditional use permit request
is consistent with the General Plan in that the property proposed for
the restaurant use is designated Community Commercial (CC) which
permits restaurant uses.
Planning Commission Resolution 2012-017
Conditional Use Permit 2012-144: LMLQ Properties, LLC
September 11, 2012
2. Consistency with the Zoning Code: The Conditional Use Permit request
is consistent with the zoning provisions set forth in the La Quinta
Zoning Ordinance, in that any parking deficiency is covered by a
parking agreement and subject to conditions of approval to maintain
the parking agreement.
3. Compliance with CEQA: The Conditional Use Permit request is in
compliance with the requirements of the California Environmental
Quality Act, in that the La Quinta City Council certified Environmental
Assessment 2001-412 for the site and a Mitigated Negative
Declaration has been certified by the City Council; and
4. Compatibility with Surrounding Uses: The proposed Conditional Use
Permit allowances are located within an existing commercial area with
similar type commercial and restaurant uses.
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 correct and constitute the
findings of the Planning Commission for this Conditional Use Permit;
2. That it does hereby approve Conditional Use Permit 2012-144 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 Planning Commission held on this 11 `" day of September, 2012, by
the following vote, to wit:
AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and
Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Resolution 2012-017
Conditional Use Permit 2012-144: LMLQ Properties, LLC
September 11, 2012
/rA
KATIE BARRO , Chairwoman
City of La Quinta, California
ATTEST:
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2012-017
CONDITIONAL USE PERMIT 2012-144
CONDITIONS OF APPROVAL - FINAL
SEPTEMBER 11, 2012
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. This permit shall expire on September 11, 2014, unless a building permit has
been finalized and/or a time extension is applied for and granted by the
Planning Commission pursuant to Section 9.200.080 of the Zoning Code.
3. The applicant shall maintain a parking agreement with the La Quinta Medical
Center (Accretive La Quinta Partners, LLC), or any future owners of the
property, for the use of a minimum of 50 parking stalls during the center's
off -hours. The nullification of a parking agreement shall limit the restaurants
operations to a maximum of 142 seats for both lunch and dinner operations.
The applicant shall provide a copy of a signed and executed parking
agreement prior to issuance of a building final.
4. The restaurant is limited to a maximum 142 available seats during lunch
dining operations. Lunch dining operations are limited between 10:30 a.m.
and 4:30 p.m., during the weekdays, with no lunch limitations imposed
during the weekends.
5. The restaurant's dinner dining operations shall not exceed the maximum
building capacity for the building as stipulated in the building code.