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PCRES 2009-020PLANNING COMMISSION RESOLUTION 2009-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO INCREASE THE NUMBER OF STUDENTS PER SESSION FOR A BEAUTY SCHOOL WITHIN THE REGIONAL COMMERCIAL DISTRICT LOCATED AT 47-120 DUNE PALMS ROAD SUITE C & D CASE NO.: CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 1 APPLICANT: MILAN INSTITUTE OF COSMETOLOGY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of July, 2009, hold a duly noticed Public Hearing to consider the request by the Milan Institute of Cosmetology for an amendment to an existing Conditional Use Permit to increase the number of students per session within a commercial space located within Dune Palm Plaza at 47-120 Dune Palms Road, near the Southeast corner of Dune Palms Road and Highway 111 and more particularly described as, APN: 600-020-010 WHEREAS, said Conditional Use Permit Amendment 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 Planning Department has determined that the proposed Conditional Use Permit Amendment is exempt from CEQA review under Guidelines Section 15301 (Leasing of Existing Private Facilities) and Section 15332 (Infill Development); 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 Section 9.80.040 Table 9-5 Permitted Uses in Nonresidential Districts. Use of the space as a beauty school is conditional permitted within is conditionally permitted under the Regional Commercial zoning district. 3. The proposed use is required to limit the number of students to 20 per session to minimize parking impacts on the subject property nearby tenants. CUP 2003-075 Amenment 1 RESOLUTION Planning Commission Resolution 2009-020 Conditional Use Permit 2003-075 Amendment 1 Milan Institute of Cosmetology July 28, 2009 4. The proposed use is conditioned to meet the parking requirements of an established beauty salon/parlor of three off street parking stalls per station for 20 students per session to minimize parking impacts on the subject property and to nearby tenants. 5. Processing of this Conditional Use Permit amendment for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The La Quinta Planning Department has determined that the request is exempt from CEQA under Guideline Section 15301 (Class 1 Leasing of Existing Private Facilities) and Section 15332 (Class 32 Infill Development). As a result, no environmental review is required. 6. 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 an ice skating rink 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 2003-075 Amendment 1 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 28`" day of July, 2009 by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None Planning Commission Resolution 2009-020 Conditional Use Permit 2003-075 Amendment 1 Milan Institute of Cosmetology July 28, 2009 d ED ALDERSON, Chairman City of La Quinta California 0 IL1►6*10P►w PlanHing Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2009-020 CONDITIONS OF APPROVAL — FINAL CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 1 MILAN INSTITUTE OF COSMETOLOGY JULY 28, 2009 1. By operating this beauty school, 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. A building permit will be required for any tenant improvement for the beauty school. Prior to issuance of a building permit, all plans must comply with the 2007 California Building Code (CBC). 4. 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. 5. 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 Planning Director, provided notification of existing tenants may be required prior to such approval. 6. Each session shall have no more than 20 students at any time in order to mitigate parking impacts on the property. 7. The tenant improvement shall not exceed the 7,593 square feet as shown on the plans. 8. Employees and students shall utilize the parking area at the rear of the building in order to mitigate parking impacts for tenants within the building. 9. All signage shall comply with the La Quinta Municipal Code and the approved Sign Program for the center.