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PC Resolution 2011-003PLANNING COMMISSION RESOLUTION 2011-003 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 65 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`hday 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. CUP 2003-075 Amendment No. 2 RESOLUTION Planning Commission Resolution 2011-003 Conditional Use Permit 2003-075 Amendment No. 2 Milan Institute of Cosmetology March 8, 2011 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 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 81" day of March 2011 by the following vote, to wit: AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson NOES: None Planning Commission Resolution 2011-003 Conditional Use Permit 2003-075 Amendment No. 2 Milan Institute of Cosmetology March 8, 2011 ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta California ATTEST: JOHNSON 'Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2011-003 CONDITIONS OF APPROVAL - FINAL 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. The Conditional Use Permit is to be re -visited to make sure the designated parking is adequate and has not impinged upon any of the neighboring retail businesses. This review shall occur in 18 months from the date of April 18, 2011, which is the beginning of the next class cycle. 4. Prior to issuance of a building permit, all plans must comply with the 2010 California Building Code (CBC). 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 Planning Director. 7. Each session shall have no more than 65 students at any time in order to mitigate parking impacts on the property. 8. 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. 9. 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 PLANNING COMMISSION RESOLUTION 2011-003 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 2 MILAN INSTITUE OF COSMETOLOGY MARCH 8, 2011 building) adjacent to Dune Palms Road shall be used for overflow parking. Parking spaces immediately located in the storefront shall remain available for customers. 10. 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.