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2016 01 12 PC PLANNING COMMISSION MINUTES 1 DECEMBER 8, 2015 PLANNING COMMISSION MINUTES TUESDAY, DECEMBER 8, 2015 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairperson Wilkinson. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wright, and Chairperson Wilkinson ABSENT: None STAFF PRESENT: Planning Manager Gabriel Perez, Principal Planner Wally Nesbit, Executive Assistant Monika Radeva, and Administrative Technician Dianne Hansen Commissioner Fitzpatrick led the Commission in the Pledge of Allegiance. PUBLIC COMMENT – None CONFIRMATION OF AGENDA – Confirmed APPROVAL OF MINUTES Motion – A motion was made and seconded by Commissioners Blum/Wright to approve the Planning Commission Minutes of October 13, 2015 as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Development Agreement 2015-0001 (Amendment 1 to DA 2006-011) submitted by California West Construction, Inc., proposing to amend the terms of the existing agreement by removing two parcels, Lots 97 and T. Project: The Signature at PGA West. CEQA: exempt from environmental review pursuant to Section 15182 (Residential Projects Pursuant to a Specific Plan). Location: within PGA West, bounded by PGA Boulevard on the south and west, the PGA Stadium Course and Clubhouse to the north and east. Principal Planner Wally Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 2 DECEMBER 8, 2015 Staff addressed the Commission’s questions regarding annual review of executed development agreements. The Commission expressed concern in that it appears many agreements are not being reviewed annually as required by the code. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 7:20 p.m. Public Speaker – None. Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 7:20 p.m. Motion – A motion was made and seconded by Commissioners Bettencourt/Blum recommending City Council approval of Development Agreement 2015-0001 (Amendment No. 1 to DA 2006-011) for the Signature at PGA West, proposing to amend the terms of the existing agreement by removing two parcels, Lots 97 and T; deem the project exempt from environmental review pursuant to Section 15182, Residential Projects Pursuant to a Specific Plan, of the California Environmental Quality Act; and the City Council consider conducting the periodic review of the development agreement per section 14 of the City’s development agreement statute (9.250.030.C.14 Development Agreements). Motion passed unanimously. BUSINESS SESSION – None COMMISSIONER ITEMS 1. Report on City Council meetings of October 20, November 3 and 17, and December 1, 2015. 2. Commissioner Bettencourt is scheduled to attend the December 15, 2015 City Council meeting. DIRECTOR’S ITEMS 1. Planning Manager Perez gave the Commission an update on the Development Code Tune Up Stakeholders efforts, proposed development review draft changes, and community outreach. 2. Staff said Council is moving forward with implementing electronic agenda packets distribution going forward. All meeting packets will be distributed only electronically; however, hard copies will be available for pick up by the Commission. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Bettencourt to adjourn this meeting at 8:11 p.m. Motion passed unanimously. PLANNING COMMISSION MINUTES 3 DECEMBER 8, 2015 Respectfully submitted, MONIKA RADEVA, Executive Assistant City of La Quinta, California PLANNING COMMISSION STAFF REPORT DATE: JANUARY 12, 2016 CASE NUMBER: CONDITIONAL USE PERMIT 2015-0004 APPLICANT: LASER OASIS, LLC PROPERTY OWNER: DESERT PALMS MANAGEMENT GROUP, LLC REQUEST: ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR FAMILY ENTERTAINMENT CENTER WITHIN AN EXISTING 16,000 SQUARE FOOT COMMERCIAL BUILDING, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS AN EXISTING FACILITY LOCATION: 46-805 DUNE PALMS ROAD RECOMMENDED ACTION Deem the project exempt from the California Environmental Quality Act, and approve a Conditional Use Permit for Laser Oasis. EXECUTIVE SUMMARY • The applicant requests Conditional Use Permit approval for the Laser Oasis, an indoor family entertainment center located within the La Quinta Valley Plaza (Attachment 1). BACKGROUND The former RadioActive building was approved in 2003, and consists of an approximately 16,000 square foot commercial retail building located on a one acre parcel within the La Quinta Valley Plaza (Attachment 2). The RadioActive business closed in 2011 and was replaced by a Rock and Roll Miniature Golf facility in 2013, which subsequently closed in late 2015. PH 1 Page 1 of 3 PROPOSAL & ANALYSIS The applicant is requesting a Conditional Use Permit for the Laser Oasis, a family entertainment center (Attachment 3). The two-story facility would include a laser tag course and laser maze, arcade, dining and bar area, and party rooms on the first floor. The second floor includes additional party rooms, and a suspended ropes course, which consists of horizontally-strung cables, ropes, and boards. The business is proposed to be open seven days a week, with hours of operation ranging from 11:00 a.m. to 2:00 a.m. (Attachment 4). On average, fifteen employees will be at the center, with private security provided on Friday and Saturday evenings, the expected peak usage times. Staff concludes that the Laser Oasis will be able to operate within the La Quinta Valley Plaza with minimal impacts on other existing surrounding uses. The proposed use is consistent with the General Plan land use designation of General Commercial, as well as the permitted land uses stated in the La Quinta Corporate Center Specific Plan. The hours of operation are anticipated to be complementary to the existing surrounding uses as the prime hours of operation would take place during periods when many of the other uses on the site are closed (weeknights and weekends). Some businesses, neighboring restaurants in particular, may benefit from the increase in visitors to the commercial plaza generated by the proposed business. There are 43 existing parking spaces within the project site (one space per 372 square feet). The Municipal Code provides parking requirements for the dining and arcade areas, but does not provide specific requirements for the laser tag and party room aspects of the center. The Code does allow the use of alternative methods to determine parking demand for combinations of land uses that the Code does not address. The applicant has conducted a comprehensive parking analysis which concluded that at one space per 257 square feet, the Laser Oasis could operate with minimal parking impacts given the following conditions (Attachment 5): • The shared parking agreement between the Laser Oasis and the La Quinta Valley Plaza remain intact (no such agreement was established between the previous miniature golf use and the Plaza) • Striping of an additional eleven stalls on the west side of the building • Installation of bicycle parking • Special events of more than 192 persons require a Temporary Use Permit As a result of the peak/off-peak relationship of operating hours between the Laser Oasis and the existing businesses, an ample amount of parking spaces exist within the La Quinta Valley Plaza to accommodate customers and employees on any given day of the week, while also leaving sufficient parking for the other neighboring businesses. Therefore, staff has determined that the 54 parking spaces located on the Laser Oasis parcel combined with the 255 parking spaces available within the La Quinta Valley Plaza can accommodate the proposed use. Page 2 of 3 AGENCY & PUBLIC REVIEW Public Agency Review: This request was sent to all applicable City departments and affected public agencies on November 6, 2015. All written comments received are on file and available for review with the Community Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice: This project was advertised in The Desert Sun newspaper on January 1, 2016, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act in that the proposed project can be characterized as an existing facility. Report prepared by: Jay S. Wuu, AICP, Principal Planner Report approved for submission by: Gabriel Perez, Planning Manager Attachments: 1. Project Information 2. Project Area Site Map 3. Laser Oasis Conditional Use Permit Plan 4. Laser Oasis Statement of Operations 5. Parking Demand Assessment Page 3 of 3 PLANNING COMMISSION RESOLUTION 2016 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR FAMILY ENTERTAINMENT CENTER WITHIN AN EXISTING 16,000 SQUARE-FOOT COMMERCIAL BUILDING, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2015-0004 APPLICANT: LASER OASIS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12th day of January, 2016, hold a duly noticed Public Hearing to consider a request by Laser Oasis, LLC, for approval of an indoor family entertainment center, generally located on the southwest corner of Dune Palms Road and Corporate Centre Drive, more particularly described as: APN: 600-390-023 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on January 1, 2016 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 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. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code. The Conditional Use Permit has been conditioned to ensure compliance with the zoning standards of the Regional Commercial zoning district and other Planning Commission Resolution 2016 - Conditional Use Permit 2015-0004 Laser Oasis (Laser Oasis, LLC) Adopted: January 12, 2016 Page 2 of 3 supplemental standards as established in Title 9 of the La Quinta Municipal Code. 3. Compliance with California Environmental Quality Act (CEQA) The Community Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the CEQA in that the proposed project can be characterized as an existing facility. 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 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: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2015-0004, 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 12th day of January, 2016, by the following vote: AYES: NOES: ABSENT: Planning Commission Resolution 2016 - Conditional Use Permit 2015-0004 Laser Oasis (Laser Oasis, LLC) Adopted: January 12, 2016 Page 3 of 3 ABSTAIN: ______________________________ ROBERT WILKINSON, Chairperson City of La Quinta, California ATTEST: _______________________________ GABRIEL PEREZ, Planning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2015-0004 LASER OASIS (LASER OASIS, LLC) ADOPTED: JANUARY 12, 2016 Page 1 of 2 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. Special events of more than 192 persons require a Temporary Use Permit. 6. No on-street public parking outside the Laser Oasis 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 2016- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2015-0004 LASER OASIS (LASER OASIS, LLC) ADOPTED: JANUARY 12, 2016 Page 2 of 2 7. Roadways/traffic aisles to structures and activities in and around the business shall be maintained accessible to emergency vehicles at all times. MISCELLANEOUS 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. 9. Hours of operation shall occur only on the days and times specified in the Statement of Operations 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. Project Information CASE NUMBER: CONDITIONAL USE PERMIT 2015-0004 APPLICANT: LASER OASIS, LLC PROPERTY OWNER: DESERT PALM MANAGEMENT GROUP, LLC REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN INDOOR FAMILY ENTERTAINMENT CENTER WITHIN AN EXISTING 16,000 SQUARE FOOT COMMERCIAL BUILDING LOCATION: 46-805 DUNE PALMS ROAD GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SPECIFIC PLAN: LA QUINTA CORPORATE CENTER SURROUNDING ZONING/LAND USES: NORTH: COMMERCIAL PARK (CP) EXISTING COMMERCIAL OFFICES SOUTH: REGIONAL COMMERCIAL (CR) EXISTING GAS STATION EAST: REGIONAL COMMERCIAL (CR) VACANT, UN-ENTITLED LAND WEST: REGIONAL COMMERCIAL (CR) EXISTING COMMERCIAL CENTER ATTACHMENT 1 HWY 111DUNE PALMS RDROUDEL LNLA QUINTA DRCORTEZ LN FIESTA DR AUTO CENT R E D R ROADRUNNER LNCORPOR A T E C E N T R E D RCOMMERCE CTCity of La Quinta Community Development Department Laser OasisProject Area Site Map January 12, 2016 ® Planning Division ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 3ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5