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PC Resolution 2016-001PLANNING COMMISSION RESOLUTION 2016 - 001 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 - 001 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: Commissioners Bettencourt, Blum, Fitzpatrick, Wright and Chairperson Wilkerson ABSENT: None I_1:�11IF_1 V f Olrsw Planning Commission Resolution 2016 - 001 Conditional Use Permit 2015-0004 Laser Oasis (Laser Oasis, LLC) Adopted: January 12, 2016 Page 3 of 3 ROBERTalS1ILKINSON, Chairperson City of La Quinta, California ATTEST: GABRIEL P EZ, P nning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2016-001 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2015-0004 LASER OASIS (LASER OASIS, LLQ 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 2016-001 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2015-0004 LASER OASIS (LASER OASIS, LLQ 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.