MUP 2018-0001 Hydeaway Cigar Club (05.30.2019)
May 30, 2019
Mr. Todd Wright
79305 Highway 111, Suite 6
La Quinta, CA 92253
SUBJECT: MINOR USE PERMIT 2018-0001: 79305 HIGHWAY 111, SUITE 6
HYDEAWAY CIGAR CLUB
Dear Mr. Wright:
The Design and Development Department has reviewed and approved your request to
establish a cigar club at 79305 Highway 111, Suite 6, as is required per Section
9.80.020 Table of Permitted Uses in the City of La Quinta’s Municipal Code. Approval
of this application is subject to the following Findings and Conditions of Approval:
FINDINGS
1. Consistency with the 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, entertainment,
office, resort, and institutional businesses within the City, and the proposed cigar
club 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 and Centre
at La Quinta Specific Plan. The Minor Use Permit has been conditioned to ensure
compliance with the zoning standards of the Regional Commercial zoning district
and other supplemental standards as established in Title 9 of the La Quinta
Municipal Code. Under the La Quinta Municipal Code the cigar club is a permitted
use in the Regional Commercial District with approval of a minor use permit.
3. Compliance with CEQA: Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The project was determined to be exempt from CEQA pursuant to 15301, Existing
Facilities, as the proposal consists of the operation and minor alteration of existing
facilities.
4. Surrounding Uses: Approval of the application will not create conditions
materially detrimental to the public health, safety, and general welfare or injurious
to or incompatible with the properties or land uses in the vicinity. The cigar club
is a permitted use in the Regional Commercial District with approval of a minor
use permit and, as conditioned, is consistent with surrounding nonresidential uses
such as retail uses, medical office, and personal service, and restaurants.
CONDITIONS OF APPROVAL
1. The applicant/property owner agrees to defend, indemnify, and hold harmless
the City of La Quinta (the “City”), its agents, officers and employees from any
claim, or litigation arising out of the City’s approval of this project. This
indemnification shall include any award toward attorney’s fees. The City of La
Quinta shall have the right to select its defense counsel in 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 is approved to operate as a retail cigar club, consistent with a
mercantile operation. Applicant shall not operate business as cigar lounge.
3. Applicant shall comply with City of La Quinta building permit BCOM2018-0001,
on file with the Design and Development department. This includes complying
with floor plan, not accessing patio area, and operating under a group M
occupancy, as defined in the California Building Code.
4. Any major expansion of the use or substantial modification to the approved
floor plan or use shall require an amendment of this minor use permit and
additional building permit(s).
5. Use of patio connected to building for business operations is prohibited.
6. The applicant shall obtain all necessary clearances/licenses/permits from the
following agencies:
- City of La Quinta Building Division
- County of Riverside Fire Marshal
- County of Riverside Health Department
- State of California Department of Tax and Fee Administration
7. The applicant shall comply with all provisions of Title 6 Health and Sanitation
from the City of La Quinta’s Municipal Code
8. The City reserves the right to add or modify conditions on this minor use permit
or revoke the minor use permit in the event that use and operations of the cigar
club create impacts that are detrimental to the health, safety and general
welfare of the public, such as noise, traffic, or parking conflicts.
9. Any alteration to the site plan, including expansion, reduction, and
reconfiguration shall be reviewed by the Design and Development Department.
Alterations deemed minor by the Department may be processed through a
Modification by Applicant (MBA).
10.The applicant shall comply with all applicable provisions of the La Quinta
Municipal Code (LQMC), including LQMC Chapter 9.210.025.
11.Separate sign permits are required from the Planning and Building Divisions for
all new proposed signs.
12. The operations are subject to spot inspections by the City of La Quinta building
division and code compliance division to ensure compliance with the conditions
of this letter and with BCOM2018-0001.
This decision may be appealed to the Planning Commission by any party who submits
the necessary paperwork and filing fee of $1,505.00 to this office within 15 days of
the date of approval of this permit. Should you have any questions please contact me
at (760) 777-7069.
Sincerely,
Carlos Flores
Senior Planner
Cc: James Wiatrak, Building Official
Kevin Merideth, Code Compliance Supervisor