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2011 03 08 PCCity of La Quinta o� �o � Planning Commission Agendas are now y available on the City's Web Page @ www.la-guinta.org 5 OF T1�� PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California MARCH 8, 2011 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2011-003 Beginning Minute Motion 2011-001 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of February 8, 2011. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................... CONDITIONAL USE PERMIT 2003-075, AMEND NO.2 Applicant........... Gary Yasuda For Milan Institute Of Cosmetology Location............ 47-120 Dune Palms Road, Suites C & D; Located on the East Side of Dune Palms Road, Approximately 300 Feet South of Highway 111. Request ............. Consideration of a Conditional Use Permit Amendment to Increase the Square Footage and Number of Students Per Session for a Beauty School Within the Regional Commercial (RC) District at Dune Palms Plaza. Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval, with Conditions — Resolution 2011- V. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meetings of February 15 and March 1, 2011. B. Commissioner Weber is scheduled to attend the March 15, 2011, City Council meeting. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on March 22, 2011, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, March 8, 2011 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Thursday March 3, 2011. DATED: March �3, 2011 CAROLYN ALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 8, 2011 7:04 P.M. CALL TO ORDER A. A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. ABSENT: Commissioner Weber STAFF PRESENT: Planning Director Les Johnson and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Barrows/Wilkinson to approve the minutes of January 11, 2011 as submitted. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Zoning Code Amendment 2010-102; a request by the City of La Quinta for consideration of Zoning Code Amendment to the La Quinta Municipal Code, Section 9.60.030, to Permit Review of Alternative Fence Materials Not Currently Identified in the Code Section 9.120.020 "Table of Permitted Uses" to add the Sale of Golf Carts as a Conditionally Permitted Use in the Golf Course Zoning District. Planning Director Les Johnson presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson said he would like the Commission to address the Planning Commission Minutes February 8, 2011 two items separately, first the alternative fence materials, and then the sale of golf carts. He asked if there were any questions of staff. Commissioners Wilkinson and Barrows asked if the owners who had installed the metal fence shown on Attachment #3, at 46700 Cameo Palms Drive, had complied with the Planning Commission's requirement to put caps on top of the metal fence. Staff replied that no action had been taken on the case as it was subject to the decision pending tonight. Staff would notify the owner of what would be required to address this issue after the zoning code amendment was adopted by Council. Chairman Alderson asked if sheet metal fencing was allowed, shouldn't the code specify the type of coating it must have. Staff replied that it would be better to address coating on an application -by - application basis in order to ensure that the metal fencing materials used were architecturally suitable, there was no glare, etc. Chairman Alderson said he was pleased with the fact that staff was revisiting the issue of golf cart sales and refining the allowable boundaries. Commissioner Barrows asked to clarify that the code amendment was specific to allowing Golf Cart Sales in the Golf Course Zoning District, and that it didn't also include neighborhood electric vehicles (NEVs) or the allowance of the sale of golf carts in other zoning districts. Staff replied the section was specifically identified as Golf Cart Sales which did not include other types of electric vehicles. He explained if the amendment was approved, it would be applicable city-wide, meaning, that it would allow for consideration of Golf Cart Sales to occur anywhere within the City on a Golf Course zoned property. Staff said the sale of NEVs, in addition to golf carts, was allowed subject to a Conditional Use Permit approval, in retail establishments in areas zoned as Retail/Commercial. There being no further questions of staff Chairman Alderson asked if there was any public comment. There being no questions or public comments, Chairman Alderson -2- Planning Commission Minutes February 8, 2011 opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2011- 002 recommending approval of the proposed modification of La Quinta Municipal Code Section 9.60.030, to permit review of alternative fence materials, and Section 9.120.020 "Table of Permitted Uses" as submitted. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Report of the City Council Meeting of February 1, 2011, presented by Commissioner Quill. He said the City Council adopted the proposed Non -Motorized Vehicle Transportation Plan. Commissioner Quill said Council discussed the landscaping for the Highway 111 Corridor and a new monument sign, and asked why these items were never presented to the Planning Commission for review and consideration. Staff replied that the Municipal Code protocol for landscaping permits and enhancements to public facilities required only Council review and approval which was why the case was never presented to the Planning Commission. Commissioner Barrows asked if that was because these were projects handled by the La Quinta Redevelopment Agency (RDA). Planning Director Johnson replied that not all projects were RDA projects. He explained it was related to City projects administered directly through City Hall for which the entitlement process did not require Planning Commission consideration. City Council could decide to have some projects presented to other Boards, Commissions, and/or Committees, and direct staff to do so. -3- Planning Commission Minutes February 8, 2011 Planning Director Johnson said that this policy was currently under review as part of the General Plan Update and could be revised in the not too distant future. Commissioner Barrows asked if the adoption of the Non -Motorized Vehicle Transportation Plan makes the City of La Quinta eligible for the BTA Grant. Staff replied it did. Commissioner Quill asked if the City would be applying for the grant. Staff replied it was definitely a matter the City was interested in proceeding with, particularly the Whitewater Channel Trail, but that it would not be applying for the grant this year and explained why. Commissioner Barrows asked what was the responsibility of the Planning Commission for implementing the adoption of the Non - Motorized Vehicle Transportation Plan. Staff replied that the Non - Motorized Vehicle Transportation Plan was already included in the City's General Plan Transportation Element. The adoption of the plan was merely taking those sections out of the General Plan and combining it with similar information from the County and State and making it its own document. Commissioner Wilkinson asked if there were any other funding options available for the Whitewater Channel Trail. Staff replied there were some and gave a brief description of what those were. B. Chairman Alderson noted Commissioner Barrows was scheduled to report back on the February 15, 2011, Council meeting. C. Quarterly Attendance, Record. Chairman Alderson said he was very pleased with the Commission's attendance record. D. Chairman Alderson said Commissioner Weber had notified the Commission that he would be running late. It was moved and seconded by Commissioners Barrows/Quill to excuse Commissioner Weber's absence. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. Planning Commission Minutes February 8, 2011 IX: DIRECTOR ITEMS: None. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wilkinson/Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on February 24, 2011. This regular meeting was adjourned at 7:35 p.m. on February 8, 2011. Respectfully submitted, Monika Radeva, Secretary City of La Quinta, California -5- PH # A STAFF REPORT PLANNING COMMISSION DATE: MARCH 8, 2010 CASE NO: CONDITIONAL USE PERMIT (CUP) 2003-075 AMENDMENT NO. 2 REQUEST: CONSIDERATION OF CONDITIONAL USE PERMIT AMENDMENT NO. 2 TO EXPAND AN EXISTING TENANT IMPROVEMENT FROM 7,593 TO 12,693 SQUARE FEET AND INCREASE THE NUMBER OF STUDENTS FROM 20 TO 65 STUDENTS PER SESSION LOCATION: 47-120 DUNE PALMS ROAD; EAST SIDE OF DUNE PALMS ROAD, APPROXIMATELY 300 FEET SOUTH OF HIGHWAY 111, WITHIN DUNE PALMS PLAZA (Attachments 1 and 2) APPLICANT: MILAN INSTITUTE OF COSMETOLOGY GARY YASUDA PROPERTY OWNER: PATRICIA WOOD ARCHITECT: ROBERT PIERCE, ULTRA CONSTRUCTION & DEVELOPMENT, INC. ENVIRONMENTAL REVIEW: THE PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301 (CLASS 1 LEASING OF EXISTING PRIVATE FACILITIES) AND SECTION 15332 (CLASS 32 IN -FILL DEVELOPMENT) ZONING: CR (REGIONAL COMMERCIAL) GENERAL PLAN DESIGNATION: RC (REGIONAL COMMERCIAL) CUP 03-075 AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 1 of 7 P:\Reports - PC\201 1\3-8-1 1\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL / FUEL STATION SOUTH: COMMERCIAL PARK / STORAGE FACILITY EAST: REGIONAL COMMERCIAL / VACANT WEST: REGIONAL COMMERCIAL CENTER / CENTRE AT LA QUINTA COMMERCIAL CENTER BACKGROUND Dune Palms Plaza is located on the southeast corner of Dune Palms Road and Highway 1 1 1 . The site includes a fueling station to the north and a commercial building on the south end that runs parallel to Dune Palms Road, with parking spaces on the front and back sides of the building. Currently, the only use that has been conditionally approved for the commercial building is for a beauty school. The original approval was for a 5,041 square foot beauty school. An amendment to the original Conditional Use Permit was granted in 2009 to increase the size of the tenant space to 7,593 square feet and the number of the students per session from eight to twenty. The other uses currently existing are permitted in the Regional Commercial (CR). PROPOSAL The popularity of the programs and the need for additional space has triggered the request to amend the Conditional Use Permit to accommodate the increase in number of students and classroom area. The owners of the school are requesting a second amendment to increase their tenant space from 7,593 to 12,693 square feet and the number of students from 20 per session to 65 (Attachment 3). At 23,184 square feet, the multi -tenant building has never been fully leased. It has a north/south orientation and faces Dune Palms Road. The beauty school is currently located within suites C-2, D, and E. Expanding the use will utilize the remainder south end of the building, suites F and G for a total of 12,693 square feet, an increase of 5,100 square feet from the first amendment (Attachment 4). The remainder 10,491 square feet of the building will be partially occupied or vacant. Operations Proposed Expansion Use The applicant is proposing to expand the school by 5,100 square feet to allow additional storage space, conference/class area, student and employee break rooms, and additional work stations, and space for a new aesthetics program. CUP 03-075 AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 2 of 7 PAReports - PC\201 1\3-8-1 1\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc The additional stations will be located towards the front section of the tenant space. Break and conference rooms will be located towards the back. Employees and Hours of Operation There will. be three different sessions for the students throughout the week as follows: Monday, Tuesday, Saturday: 8:00 A.M. — 6:30 P.M. Wednesday, Thursday, Friday: 8:00 A.M. — 6:30 P.M. Monday, Tuesday, Wednesday Thursday, Friday: 5:30 P.M. — 9:30 P.M. The number of school staff employees will be between ten to twelve per session. As part of the training, services will be provided to the public from 10:30 A.M. — 5:00 P.M. for the daytime session students and from 6:30 P.M. — 8:00 P.M. for the evening session. Services provided to the public include such items as hairstyling, manicures, and pedicures. Parkin Parking spaces are more or less evenly distributed on both the east and west sides of the building for a total of 99 spaces. The previous amendment allocated sixty parking spaces for the school. ANALYSIS A Conditional Use Permit is required for a beauty school in all non-residential districts except the Community Commercial and Tourist Commercial districts, where it is prohibited. Therefore, to establish any such use and to propose amendments to an approved Conditional Use Permit requires a public hearing and approval from the Planning Commission. The changes proposed would not alter the design of the building and therefore does not require amending the Site Development Permit or a review of any application that is necessary to carry out a minor modification of the approved building. The use is generally compatible with other commercial retail uses along the Highway 1 1 1 commercial corridor and provides services that are similar to beauty salons, barber shops, and nail salons that currently exist within the Regional Commercial District. CUP 03-075 AMD N0. 2 Planning Commission Staff Report 03/08/2011 — Page 3 of 7 P:\Reports - PC\201 1\3-8-1 1\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc As previously noted, the building is not fully leased, but consideration must be made for the impact the increased number of students will have on future tenants as well as existing. Operations Proposed Expansion Use The expansion of the school, although necessary to provide additional programs does significantly increase the size of the tenant space from 7,593 to 12,693. The expansion itself is not necessarily what is going to impact the current and future businesses within the building, but the increase in the number of students. Therefore, staff is recommending that sessions be limited to 48 students and not the proposed 65. Emolovees and Hours of Operation The proposed class sessions are staggered throughout the week (Monday through Saturday), which keeps the number expected students consistent throughout the week for the existing tenants and customers. One concern staff has is the overlapping of two different sessions in the evenings between 5:30 P.M. and 6:30 P.M. when the day session is concluding and the evening session is beginning. Since the number of students that staff is recommending would increase the number of students to 48 per session, which is more than double what is currently approved, staff recommends that two sessions not overlap at any time of the day to minimize parking conflicts between the school and the other tenants within the building. Parkin Parking spaces are conveniently located on the west side as shown in Attachment 5 (front of the building) and east side as shown in Attachment 6 (back of the building), for a total of 99 spaces. The Dune Palms Plaza Specific Plan (SP 96-028) requires one parking space for every 400 square feet. This requirement differs greatly from the standard requirement for commercial buildings less than 50,000 square feet, which are required to provide one space for every 200 square feet of the building. CUP 03-075 AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 4 of 7 PAReports - PC\201 1\3-8-1 1\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc The list that follows breaks down the proposed area for the school and the building. Area of entire building 23,184 square feet Area of school with proposed expansion 12,693 square feet Area of the remainder of the building . 10,491 square feet As the center currently provides 99 parking spaces, per the approved Specific Plan, the remainder (non -school portion of the building) 10,491 square feet would require 27 parking spaces (based on the Specific Plan requirement of one parking space for every 400 square feet); thus leaving 72 spaces available for use by the school. To be able to meet the parking needs for the current and future tenants, staff recommends reducing the number of students to not exceed 48 per session. This would limit the number of parking spaces required and minimize the impact to current and future tenants. Staff made multiple visits at different times of the day and the average number of parking spaces in use totaled 47 for the entire parking lot. A limit of 48 students per session would allow the school to add 28 additional students to the 20 student limit that was conditioned in the first amendment. Total parking required would work as follows: Total parkin on -site 99 parking spaces Spaces required for 10,491 SF per 27 parking spaces Specific Plan (1/400) Remaining for the 48 students and 72 parking spaces staff It is s probable that not every student has their own vehicle and estimating that up to 10 of them will either rideshare or get dropped off at the school, the 72 parking spaces for the school would break down as follows: Students per session 48 Rideshare or dropped off -10 Number of spaces left for Students driving to school 38 Spaces left for staff 10 Spaces left for paying customers with 50% of students working with a customer 24 Total 72 CUP 03-075 AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 5 of 7 P:\Reports - PC\2011\3-8-11\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc Based upon the aforementioned, staff has concluded that sufficient parking would exist to accommodate the proposed expansion, up to a maximum of 48 students per session, as well as parking for current and future tenants of the remainder of the building. ENVIRONMENTAL REVIEW The Planning Department has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Leasing of Existing Private Facilities) and Section 15332 (Class 32 In - fill Development). PUBLIC NOTICE AND COMMENT This public hearing was advertised in the Desert Sun newspaper on February 25, 2011. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no correspondence regarding this application has been received. Any correspondence received hence forward to the time of the public hearing will be presented to the Planning Commission at the hearing. PUBLIC AGENCY REVIEW All written correspondence received is on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. FINDINGS Findings necessary to approve the proposed Conditional Use Permit can be made and are contained in the attached resolution. RECOMMENDATION 1. Adopt Planning Commission Resolution 2011-_ approving CUP 03-075 Amendment No. 2, based upon the Findings contained therein and subject to the attached Conditions of Approval. CUP 03-075-AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 6 of 7 P:\Reports - PC\201 1\3-8-1 1\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc Prepared by: nner ATTACHMENTS 1. Vicinity Map 2. Aerial Map 3. Statement of Operations 4. Floor Plan 5. Photograph of west side of building 6. Photograph of east side of building CUP 03-075 AMD NO. 2 Planning Commission Staff Report 03/08/2011 — Page 7 of 7 PAReports - PC\2011\3-8-11\CUP 2003-075 AMD 2\CUP 2003-075 Amendment 2 REPORT.doc PLANNING COMMISSION RESOLUTION 2011- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CONDITIONALLY APPROVING A SECOND AMENDMENT TO A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING TENANT IMPROVEMENT FROM APPROXIMATELY 7,593 TO APPROXIMATELY 12,693 SQUARE FEET AND INCREASE THE NUMBER OF STUDENTS PER SESSION FROM 20 TO 48 FOR A BEAUTY SCHOOL WITHIN THE REGIONAL COMMERCIAL DISTRICT LOCATED AT 47-120 DUNE PALMS ROAD SUITE C-2, D — G CASE NO.: CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 2 APPLICANT: MILAN INSTITUTE OF COSMETOLOGY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of March, 2011, 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 expand the existing tenant space and increase the number of students per session within a commercial space located within Dune Palms 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 in that vocational and trade schools is an allowed use with a Conditional Use Permit. Use of the space as a beauty CUP 2003-075 Amendment No. 2 RESOLUTION Planning Commission Resolution 2011- Conditional Use Permit 2003-075 Amendment No. 2 Milan Institute of Cosmetology March 8, 2011 school will have similar characteristics and impacts as a beauty salon or barber shop, or nail salon which are similar uses and 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 Existing Private Facilities) and Section 15332 (Infill Development). As a result, no further 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. Approval of use of the space as a beauty school includes conditions to mitigate any potential adverse impact on adjacent uses, surrounding properties, and the general public. 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 No. 2 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 8`h day of March 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2011- Conditional Use Permit 2003-075 Amendment No. 2 Milan Institute of Cosmetology March 8, 2011 ED ALDERSON, Chairman City of La Quinta California ATTEST: LES JOHNSON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2011- CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 2 MILAN INSTITUTE OF COSMETOLOGY MARCH 8, 2011 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. Prior to issuance of a building permit, all plans must comply with the 2010 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. 6. Each session shall have no more than 48 students at any time in order to mitigate parking impacts on the property. 7. The tenant improvement shall not exceed the addition of 5,100 square foot expansion for a total of 12,693 square feet for the beauty school. 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 and customers. Use or the parking lot to the west (front of the building) adjacent to Dune Palms Road shall be used for overflow parking. Parking spaces immediately located in the storefront shall remain available for customers. 9. This permit shall expire on March 8, 2012, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. ATTACHMENT NO.3 SECTION B - STATEMENT OF OPERATIONS The purpose of this form is to provide a detailed statement outlining the day-to-day operation of the proposed project. Any approval related to this application will be based on the information provided and will therefore be subject to the continued operation of the proposed project consistent with the information provided. Please be aware that any activities beyond those described here may result in the need to amend your use permit in the future, thus it is encouraged that the information provided be based on the ultimate operation level of the proposed use. Description of proposed use: Expansion of existing begqV school to allow more student services such as a student break room career services office(s) lar er classrooms new esthetics program and larger salon floor. This expansion will increase student capacity to 65 people per session. Hours of operation: Tues- Sat — 8-5 p.m. Number of employees: 10-12 per session. List any other local, state or federal licenses or permits required: BPPE Bureau for Private Post Secondary Education (CA state) NACCAS — National Accrediting Commission of Cosmetology Arts & Sciences Department of Education — allowing us to offer Financial Aid to those students who qualify. Types of equipment and processes used: Microdermabrasion Machine— used for facials, skin care. etc. Facial Steamer — used for facials Wax Warmer — used to warm wax for manicures, etc. Lamps and Magnifiers — used for facials, skin care, etc. Galvanic Machine — used for facials, skin care, Describe any hazardous materials used, stored, or produced on -site: None. Describe any other special characteristics specific to the proposed use: None. 65Z26 �;a:�s u �NnId O� LbNZ ATTACHMENT # 4 W _yr 41 v � col v wJ Gi •`; f Z' 0 i a� oe J Z J i� O — �3 — 3 0 a n 1 � e Ii I \ 1 aeawvxc J 7 9 a -----�---==---�-=:.°-.:ate ATTACHMENT NO.4 . MiGl6 Y/ 3eEge e�m R�CEVTION 60 ELEG• Roots 'Woo N COUNTER I I� 7JEF 7ATTaC � Ek NO. 5 ILI T-Vf oF 4R.mr�, MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo V DATE: March 8, 2011 SUBJECT: Conditional Use Permit 2003-075 Amendment No. 2 Staff recommends to the Planning Commission that the following condition be included with the staff report for the subject case: 10. Student sessions shall not overlap at any time.