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PCRES 2007-018PLANNING COMMISSION RESOLUTION 2007-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A COSMETOLOGY SCHOOL WITHIN AN EXISTING COMMERCIAL SPACE AT 79-430 HIGHWAY 111 CASE NO.: CONDITIONAL USE PERMIT 2007-103 APPLICANT: CHAM T. PRINCE WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81" day of May, 2007, hold a duly noticed Public Hearing to consider the request by Cham T. Prince for a Conditional Use Permit to allow the operation of a cosmetology school within a ± 10,000 square -foot commercial space located within the La Quinta Valley Plaza at 79-430 Highway 1 1 1, near the northwest corner of Dune Palms Road and Highway 111 and more particularly described as, APN: 649-820-005 WHEREAS, said Site Development Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Conditional Use Permit is exempt from CEQA review under Guidelines Section 15301 (Leasing of Existing Private Facilities); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Conditional Use Permit: 1. The proposed use is consistent with the land use designation of Regional Commercial. The City's General Plan Policies relating to Regional Commercial encourage a wide range of commercial opportunities and support services. 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code. Use of the space as a cosmetology school will have similar characteristics and impacts as beauty salons, barber shops, professional offices, and similar uses which are permitted by right under the Regional Commercial zoning district. 3. 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 Community Development Department has determined that the request is exempt from CEQA under Guideline Section 15301 (Leasing of Planning Commission Resolution 2007-018 Conditional Use Permit 2007-103 Coachella Valley Beauty College May 8, 2007 Existing Private Facilities). As a result, no environmental review is required. 4. Approval of this proposed use will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. Use of the space as a cosmetology school will have similar characteristics and impacts as neighboring land uses. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. 2. That it does hereby approve Conditional Use Permit 2007-103 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 Planning Commission, held on this the 81" day of May, 2007 by the following vote, to wit: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill NOES: None ABSENT: None ABSTAIN: None FPAUL QUILL, Chairman City of La Quinta California ATTEST: DOUGLAS .EVANS Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2007-018 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2007-103 COACHELLA VALLEY BEAUTY COLLEGE MAY 8, 2007 1. By operating this beauty college, 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). 3. The number of student practice stations within the beauty college shall be limited to thirty (30) spaces. 4. The beauty college owner shall ensure that adequate outdoor trash and other facilities are provided. 5. 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. 6. Any expansion of this use or substantial modifications to the approved floor plan may require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit may be approved by the Community Development Director, provided notification of existing tenants may be required prior to such approval.