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PC Resolution 2013-003PLANNING COMMISSION RESOLUTION 2013-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL CONDITIONAL USE PERMIT 2012-146, PERMITTING A MINIATURE GOLF/FAMILY RECREATION CENTER CASE: CONDITIONAL USE PERMIT 2012-146 APPLICANT: ROCK N ROLL MINI GOLF, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 91h day of April, 2013, hold a duly noticed public hearing to consider a request by Rock n Roll Mini Golf, LLC to allow the conversion of an existing 15,933 square foot building into an indoor miniature golf recreational facility, generally located on the southwest corner of Dune Palms Road and Corporate Centre Drive, more particularly described as: APN: 600-390-023 WHEREAS, the La Quinta Community Development Department has determined that the proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act Statutes, and Section 15061(b)(3), Review for Exemptions of the CEQA Guidelines, and pursuant to Section 15301 (Class 1) in that the proposed use is within an existing facility, and the change of zone will not result in an intensification of land use on the approximately one -acre parcel; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on March 29, 2013 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify approval of Conditional Use Permit 2012-146: Finding A: Consistency with General Plan The land use is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of retail, office, resort, and institutional businesses within the City, and the proposed use maintains those policies. Planning Commission Resolution 2013-003 Conditional Use Permit 2012-146 Rock n Roll Mini Golf, LLC Page 2 Finding B• Consistency with Zoning Code With approval of the proposed zone change, the use is consistent with the provisions of the zoning code. As conditioned, the use of the site as miniature golf recreation center will have minimal impacts on the surrounding land uses as the use is contained within the existing building, and will conform to the development standards applicable to the use. Finding C: Compliance with CEQA 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 determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project is less than five acres, is an existing urban infill development located on a previously graded and partially improved parcel, and is consistent with the current General Plan policies, zoning regulations, and zoned land use. Finding D: Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed use is completely contained within an existing building, there is adequate parking available for the use, and the other properties within the commercial center have been developed with similar commercial retail 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 constitute the findings of the Planning Commission in this case; 2. That the Planning Commission does hereby recommend to the City Council approval Conditional Use Permit 2012-146 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 gth day of April, 2013, by the following vote to wit: Planning Commission Resolution 2013-003 Conditional Use Permit 2012-146 Rock n Roll Mini Golf, LLC Page 3 AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None a d2cJY KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: zS JOH JPN, Community Development Director ity of La Qumta, California PLANNING COMMISSION RESOLUTION 2013-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2012-146 ROCK N ROLL MINI GOLF APRIL 9, 2013 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. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020. 3. Any expansion of this use or substantial modifications to the approved floor plan shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Community Development Director in accordance with LQMC 9.200.090, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 4. Prior to issuance of any building permit by the City, the applicant shall obtain any necessary permits and/or clearances from the following agencies: • Fire Marshal • Sheriff's Department The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. PARKING/CIRCULATION 5. No on -street public parking outside the Rock n Roll Mini Golf parcel and La Quinta Valley Plaza parking lot may be reserved for customer parking. All on -street public parking areas shall remain available for public use. PLANNING COMMISSION RESOLUTION 2013-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2012-146 ROCK N ROLL MINI GOLF APRIL 9, 2013 6. Roadways/traffic aisles to structures and activities in and around the business shall be maintained accessible to emergency vehicles at all times. MISCELLANEOUS 7. No signage is included in this Conditional Use Permit approval. A separate Sign Permit is required through the Community Development Department if the applicant proposes signs for the business. The applicant shall comply with the Radio Active Sign Program, unless a letter of request to annul the Program is submitted. 8. Hours of operation shall occur only on the days and times specified in the Conditional Use Permit, which are based on the Business Plan provided to the City by the applicant. Changes to these hours that do not conflict with normal business hours of the other tenants in the La Quinta Valley Plaza may be approved by the Community Development Director. 9. 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.