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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. IT, ItYygIA_1►IX6119 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.