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PCRES 2014-020PLANNING COMMISSION RESOLUTION 2014 - 020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2014-158, FOR A TWELVE - SCREEN MOVIE THEATER AS PART OF PHASE FOUR OF WASHINGTON PARK CASE NO.: CONDITIONAL USE PERMIT 2014-158 APPLICANT: JACK TARR DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 26t" day of August, 2014, hold a duly noticed Public Hearing to consider a request by Jack Tarr Development to allow the construction of an approximately 42,427 square foot movie theater, generally located on the northeast corner of Washington Street and Avenue 47, more particularly described as: APN: 643-020-032 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on August 15, 2014, 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, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Conditional Use Permit: 1 . Consistency with the General Plan The proposed development 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 commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with the Zoning Code The proposed use is consistent with the provisions of the La Quinta Zoning Code. As conditioned, the use of the site as a movie theater will have minimal impacts on the surrounding land uses, and will conform to the development standards applicable to the use. 3. Compliance with the California Environmental Qualitv Act (CEQA Planning Commission Resolution 2014 - 020 Conditional Use Permit 2014-158 Washington Park Phase 4 (Jack Tarr Development) Adopted: August 26, 2014 Page 2 of 3 The Community Development Department determined that the Conditional Use Permit and Site Development constitute a "project" as defined by the California Environmental Quality Act (CEQA). As a result, the City has prepared an Initial Study for Environmental Assessment 2014-635, in compliance with the requirements of CEQA. The Initial Study determined that the development of the proposed project would not have a significant impact on the environment, and the Community Development Director is recommending that a Negative Declaration of environmental impact be certified. 4. 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 the proposed building within an existing regional shopping center, there is adequate parking available for the use, other properties within the commercial center have been developed with complementary commercial retail uses, and there is an adequate distance from existing residential uses. Conditions of approval have been incorporated to mitigate potential traffic, lighting, and code compliance conflicts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby approve Conditional Use Permit 2014-158, 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 City of La Quinta Planning Commission, held on this the 26th day of August, 2014, by the following vote: AYES: Commissioners Bettencourt, Blum, Wilkinson, and Chairperson Wright NOES: None Planning Commission Resolution 2014 - 020 Conditional Use Permit 2014-158 Washington Park Phase 4 (Jack Tarr Development) Adopted: August 26, 2014 Page 3 of 3 ABSENT: Commissioner Fitzpatrick ABSTAIN: None 6;R HT, ChairpersonROBW City of La Quinta, California ATTEST: 4S �OHNSON, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2014 - 020 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2014-158 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 1 OF 2 C;FNFRAI The use permit may be modified or revoked by the City Council, or Planning Commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. 2. Any expansion of this use or substantial modification that results in a change of use 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. 3. The Conditional Use Permit shall expire on August 26, 2016 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. No later than 30 minutes beyond the conclusion of the final evening movie showing, all freestanding outdoor lighting within the parking lot shall be dimmed to a level approved by the Community Development Department, and illuminated building signage shall be turned off. 5. Hours of operation shall occur only on the days and times specified in the Conditional Use Permit, which are based on the information provided to the City by the applicant (open 10:OOam, close 1:OOam daily, occasional close at 3:OOam for midnight showings). Changes to these hours that do not conflict with normal business hours of the other tenants in Washington Park may be approved by the Community Development Director. 6. The coming attraction posters shall only be used to advertise active or upcoming movies, and shall not be used to advertise any brand, logo, or merchandise. 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. PLANNING COMMISSION RESOLUTION 2014 - 020 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2014-158 WASHINGTON PARK PHASE 4 (JACK TARR DEVELOPMENT) AUGUST 26, 2014 PAGE 2OF2 8. Service of alcoholic beverages within the theater shall occur in accordance with the following criteria: • Sale of alcohol shall be limited to beer, wine, and frozen drinks (mixed drinks or shots are prohibited) • Each purchaser shall be given a wristband after demonstrating they are of legal drinking age • Alcoholic beverages shall be consumed at the concessions area or the auditorium • Theater staff shall perform random auditorium inspections to make sure only those with wristbands are consuming alcoholic beverages • Drinks shall be served in cups; bottles are prohibited Any changes to the listed criteria shall be reviewed and approved by the Community Development Director, or may require Planning Commission review of the Conditional Use Permit. Any requirement set forth by a license issued by the California Department of Alcoholic Beverage Control (ABC) to serve alcohol at the theater shall prevail over any conflict or inconsistency with the aforementioned criteria.