CC Resolution 2013-022RESOLUTION 2013 - 022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING 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 City Council of the City of La Quinta, California did, on the
7" day of May, 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 Planning Commission of the City of La Quinta, California did,
on the 9" day of April, 2013, hold a duly noticed Public Hearing to consider a
recommendation on said Conditional Use Permit, and after hearing and considering
all testimony and arguments, did adopt Planning Commission Resolution 2013-003,
recommending to the City Council approval of Conditional Use Permit 2012-146;
and,
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on April 26, 2012 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, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, the
City Council did make the following mandatory findings pursuant to Section
9.210.010 of the Municipal Code to Code 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.
City Council Resolution 2013-022
Conditional Use Permit 2012-146
Rock n Roll Mini Golf, LLC
May 7, 2013
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 City Council of the City of La
Quinta, California, as follows:
SECTION 1. That the above recitations are true and correct and constitute the
findings of the City Council in this case; and
SECTION 2. That it does hereby approve 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
City Council held on this 7t" day of May, 2013, by the following vote:
City Council Resolution 2013-022
Conditional Use Permit 2012-146
Rock n Roll Mini Golf, LLC
May 7, 2013
Page 3
AYES:
NOES:
ABSENT
Council Members Evans, Franklin, Henderson and Osborne
None
Mayor Adolph
ABSTAIN: None
KRI Y FR NKLIN, Mayor Pro Tern
City of La Quinta, California
Is; �t� Nm�1
SUSAN MAYSELS, CI Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, for the City Attorney
City of La Quinta, California
City Council Resolution 2013-022
Conditional Use Permit 2012-146
Rock n Roll Mini Golf, LLC
May 7, 2013
Page 4
CITY COUNCIL RESOLUTION 2013-022
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2012-146
ROCK N ROLL MINI GOLF
MAY 7, 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'LQMG 9.200.090, and
may require notification of surrounding property owners prior to such
approval. All other amendments shall be processed%ih 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
City Council Resolution 2013-022
Conditional Use Permit 2012-146
Rock n Roll Mini Golf, LLC
May 7, 2013
Page 5
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.
6. Roadways/traffic aisles to structures and activities in and around the
business shall be maintained accessible to emergency vehicles at all
times.
7. Prior to issuance of a Certificate of Occupancy for Rock n Roll Mini Golf,
the applicant shall complete one of the following:
a. A shared parking agreement shall be obtained between the property
owners of the Rock n Roll Mini Golf parcel and the La Quinta Valley
Plaza property owner's association for a minimum of twenty (20)
parking 'spaces. A copy of this agreement shall be provided to the
Community Development Department; or
b. Complete a parking analysis identifying the existing on -site parking will
adequately serve the proposed land use as provided for in La Quinta
Municipal Code Section 9.150.050B. Said parking analysis shall be
conducted by a qualified individual or firm approved by the Community
Development Director.
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8. 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.
9. 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.
10. 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.