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Home My WebLink AboutZOA 85-2 PRIVATE SCHOOLS 1985 L ORDINANCE NO. 427 en > � rn ww n AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN z AMENDMENT TO THE ZONING ORDINANCE TEXT W REGARDING PRIVATE SCHOOLS AND COLLEGES IN z O THE PR ZONE. ��_ Case Nc�ZOA 85-2 > 63 w 0 WHEREAS, the City Council of the City of Palm Desert, California, did on the llth day of July, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to private schools and colleges, not including art, business or trade schools or colleges, with approval of a conditional use permit in the PR (planned residential) zone; and WHEREAS, the planning commission by Resolution No. 1051 has recommended approval; and WHEREAS said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined the project is a class 5, categorical exemption and, therefore, no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment adding sections 25.24.25 per the attached exhibit 'A.' 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this I Ith day of Jam, 1985, by the following vote, to wit: AYES: BENSON, JACKSON, WILSON do SNYDER NOES: NONE ABSENT: NONE ABSTAIN: KELLY ALTER H. SNYDER, or TEST: Z SHEILA R. GILL N, City k City of Palm Desert, Califor is Am ORDINANCE NO. 427 EXHIBIT 'A' CASE NO. ZOA 85-2 Section 25.24.25 is hereby added as follows: 25.24.25 USES PERMITTED BY APPROVED CONDITIONAL USE PERMIT. A. Private schools and colleges. l CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Consideration of an amendment to the Palm Desert Municipal Code, Chapter 25 (zoning ordinance) adding section 25.24.25 which would permit private schools and colleges, not including art, business or trade schools or colleges with approval of a conditional use permit in the PR zone. INITIATED BY: City of Palm Desert CASE NO: ZOA 85-2 DATE: June 27, 1985 CONTENTS: A. Staff recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 85-2. E. Planning Commission Resolution No. 1051. F. Planning Commission Staff Report dated June 4, 1985. G. Related maps and/or exhibits. ------------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: This amendment was initiated as a result of an interested party's inquiry as to whether private schools are permitted with a precise plan in the PR (planned residential) zone. Staff felt that they would be if it was interpreted that they were a "community facility" or "related institutional use." The planning commission at the meeting of May 7, 1985, felt it was not appropriate to make that interpretation. It was felt that a code amendment specifically addressing private schools should be considered. Therefore, this amendment was presented to the planning commission at the meeting of June 4, 1985. The planning commission felt the amendment was acceptable but felt that since the planning commission has conditional use permit approval authority, it was not necessary to include the restriction "not including art, business or trade schools or colleges." Therefore, they deleted that portion of the proposed amendment. There was no audience or written input on the subject. The revised amendment passed unanimously on a 4-0 vote, with Commissioner Downs absent. Reviewed and Approved b SBS/tm li ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT REGARDING PRIVATE SCHOOLS AND COLLEGES IN THE PR ZONE. Case No. ZOA 85-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of June, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to private schools and colleges, not including art, business or trade schools or colleges, with approval of a conditional use permit in the PR (planned residential) zone; and WHEREAS, the planning commission by Resolution No. 1051 has recommended approval; and WHEREAS said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined the project is a class 5, categorical exemption and, therefore, no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment adding sections 25.24.25 per the attached exhibit 'A.' 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am ORDINANCE NO. EXHIBIT 'A' CASE NO. ZOA 85-2 Section 25.24.25 is hereby added as follows: 25.24.25 USES PERMITTED BY APPROVED CONDITIONAL USE PERMIT. A. Private schools and colleges. MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 1985 F. Case s. PP 85-12 and PMW 85-12 - DOUGLAS GRIFFIT , Applicant Request for pproval of a 9,600 square foot, two story office building in a C-1 zone and a negative declaration of environmental i pact located at the southwest corner of San Carlos Avenu and Alessandro Drive. Mr. Joy outlined the main f cts of the staff report and recommended approval. Chairman Crites opened the blic testimony and asked the applicant to address the commission. MR. BOB RITCHEY, 45-12 San Pablo, indicated that he had no problems with the conditions, but that e had some questions regarding several of the conditions regarding fire ma hal conditions, utility undergrounding, and sidewalks. The commission felt the Mr. Ritchey sho d contact the fire marshal to resolve his questions regarding the fire marshal's condi 'ons. Action: Moved by Commissioner Richards, seconded b Commissioner Wood, to continue this matter to June 18, 1985. Carried 4-0. G. Case No. ZOA 85-2 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code, Chapter 25 (zoning ordinance) adding section 25.24.25, which would permit private schools and colleges, not including art, business or trade schools or colleges, with approval of a conditional use permit. Mr. Sawa explained that the amendment was a result of a request by an interested party and commission's direction to staff to initiate proceedings. Commissioner Erwood felt that the meaning was not clear and suggested the deletion of "not including art, business or trade schools or colleges" from Exhibit 'A: Commission concurred. Chairman Crites opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to this matter. There being no one, the public testimony was closed. Action: Moved by Commissioner Erwood, seconded by Commissioner Wood, adopting Planning Commission Resolution No. 1051 as amended and recommending approval of ZOA 85-2 to the city council. Carried 4-0. VllL MISCELLANEOUS ITEMS Chairman Crites asked if there was any cornment regarding the progress report on One Quail Place program. There was no comment. IX. ORAL MUNICATIONS None. X. COMMENTS Commission instructed the Sec?eAary to contact Dave Erwin to find out why there has not been legal representation at,the last two meetings. -7- PLANNING COMMISSION RESOLUTION NO. 1051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY . OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT REGARDING PRIVATE SCHOOLS IN THE PR ZONE. CASE NO. ZOA 85-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of June, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to private schools and colleges, not including business or trade schools or colleges with approval of a conditional use permit in the PR (planned residential) zone. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of June, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Case No. ZOA 85-2 Section 25.24.25 is herebyrecommended for addition n as follows: 25.24.25 Uses permitted by approved conditional use permit. A. Private schools and colleges, City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 4, 1985 CASE NOS: ZOA 85-2 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code, Chapter 25 (zoning ordinance) adding section 25.24.25, which would permit private schools and colleges, not including art, business or trade schools or colleges, with approval of a conditional use permit. INITIATED BY: Palm Desert Planning Commission I. BACKGROUND: A. INITIATION: An interested party inquired as to whether private schools are permitted with a precise plan in the PR (planned residential) zone. Staff felt that they would be if it was interpreted that they were a "community facility" or "related institutional use." The planning commission at the meeting of May 7, 1985, felt it was not appropriate to make that interpretation. It was felt that a code amendment specifically addressing private schools should be considered. Therefore, this amendment is before you for recommendation to the city council. IL ANALYSIS: A. GENERAL: Presently "community facilities" or "related institutional uses" are permitted with a precise plan. The definitions of these terms as used in the ordinance are attached for your perusal. To date, churches, TV stations, the retarded foundation, and a convalescent facility have been permitted under those uses. A private school, while similar in nature, can have a greater impact on the surrounding neighborhood due to the outdoor activities, lighting, noise, and traffic. A conditional use permit, with its required findings and justification, would give the city adequate control to insure that any proposal would be acceptable and compatible with the neighborhood. The public hearing process would provide surrounding property owners with the right to voice their opinions. B. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed amendment is a class 5 categorical exemption for purposes of CEQA and no further review is necessary. III. RECOMMENDATION: Based on the control the conditional use permit would provide as noted above, staff believes this amendment would not be detrimental when properly utilized and recommends: That if the planning commission finds this amendment acceptable, that Planning Commission Resolution No. , recommending approval of ZOA 85-2 to the city council be adopted. IV. ATTACHMENTS: A. Draft resolution. B. Code definitions. Prepared by J� Reviewed and Approved by_, Am 5 . 04 . 1807-25 . 04 . 215 25 .04 .180 /space . "Cl means an association of persons for some commonse b not including groups organized primarily to reser ice which is .customarily carried on as a businesrd . 93 51 (part) , 1975 : Exhibit A 925 . 2-3 (part) ) . 25 .04 .185r development. "Cluster development" means an arrangf dwelling units , attached or detached which provides er of dwelling units sufficient to meet density requireconstructed on smaller lots in return for the restricr dedication of the remaining acreage as permanent opce . (Ord . 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part)25 . 04 . 190rcial . "Commercial" means operated or carried on pr' arily for financial gain . "Commercial com- plex" means t' o or more businesses shown on a commcn develop- ment plan, p t plan, or precise plan of design functioning as a unit, w th common off-street parking provided on the property as an integral part of the unit. (Ord. 272 (part) , 1981 : Ord. 93 51 (part) , 1975 : Exhibit A §25 . 273 (part) ) . 25 .0 . 195 Commercial recreation. "Commercial recrea- tion" mea s any use of development either public or private , providin amusement, pleasure , or sport , which is operated or carri d 01' primarily for financial gain . (Ord . 93 §1 (part) , 975 . Exhibit A §25 . 2-3 (part) ) . 2104 . 200 Commission or planning commission . "Commis- sion" r "planning commission" means the city planning com- missi (Oral. 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . 5 .04 . 205 Community collector . "Community collector" mean a medium-speed highway abutting similar land uses . The rimary function is to collect and distribute trips wit in a hierarchy of roads and , secondarily, to carry short tr ' s between adjacent neighborhoods . A community collector h emergency parking only and has a significant amount of Lm"e . (Ord . 93 §1 (part) , 1975 : Exhibit A 525 . 2-3 (part) ) . 25 .04 . 210 Communitv facility . "Community facility" means a noncommercial use established primarily for the benefit and service of the population of the community in which it is located. (Ord . 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . " ^" -nditional use . "Conditional use" means a use which requires a special degree of control because of 292 (Palm Des,:!rt 'iiH21 25 . 04 . 395--25 . 04 . 435 ( Aaea rance thereof, and includes storage elevators , truck ards , warehouses , wholesale storage and other simi- Y art) , 1975 : Exhibit s of enterprise . (Ord . 93 §1 (p9 (part) ) . 25 .04 . 395 Institution. "Institution" means aasociai, gious educational , art) , 1975 : Exhibit, or A §25e219 (part) ) g (Ord . 93 §1 (p n nr, �ity • "Intensity" means the magnitude o activity affecting the development of densities , traffic fl a, commercialism, tourism and land use . (Ord . 93 51 (pa t) , 1975 : Exhibit A §25 . 2-9 (part) ) • 5 .04 .405 Junk. "Junk" means any worn out , castoff , or di carded article or material . (Ord . 93 §1 (p Exhibi A 925 . 2-10 (part) ) . 25 04 . 410 Junk and salvage yard . "Junk and salvage yard " m ns any property used for the breaking s rting, storage , distribution, or sale of any scrap, tling , art) , 1975 : Exhibit A waste mat rial or junk . (Ord. 93 §1 (p 925 . 2-10 ( art) ) . 25 .04 . 15 Kennel. "Kennel" means any lot where four or more dog , or cats , over the age of four months , are kept or moreain done (Ord. 93 §1 (part) , 1975 : Exhibit A §25 . 2-11 (part) ) 25 . 04 . 420 Kennel , commercial . "rposerofaboardingkennel" , means any kenn maintained TOdogseorucats for a fee or for breeding , raisi g or training art) ) sale . (Ord . 93 l (part) , 1975 : Exhibit A §25 . 2-11 (p 25 .04 . 425 K tchen. "Kitchen" means any room in a building or dwelli g unit which is used for cooking and preparation of food (Ord . 93 §1 (part) , 1975 : Exhibit A §25 . 2-11 (part) ) . 25 .04 . 430 Lands Ding . "Landscaping" means the plant- ing of suitable plant terials or a combination of plant _ . materials with minimum eas of paving, gravel , or otherwise . . . . dust-free materials incl ding an adequate irrigation system. (Ord . 93 51 (p art) , 1975 : Exhibit.A 925 . 2-12 (part) ) . 25 . 04 .435 Launderette "Launderette" means a business premises equipped with indi ' dual clothes washing and drying machines either coin-ope rate or attendant operated for the dry ities pro- use of retail customers , excl iveaotmentn house aorlapartment vided as an accessory use i197 ap 5 Exhibit A 925 . 2-12 (part) ) . hotel . (Ord . 93 §1 (part) , 297 i GUc 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE.OF ACTION Date: MAY 8, 1985 Extended Learning Techniques Incorporated P.O. Box 7697 South Lake Tahoe, CA 95731 Re: Clarification of PR (Planned Residential) zoning permitted uses. The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of May 7, 1985. The Planning Commission instructed staff to initiate an amendment to the zoning ordinance to allow private schools in PR zones. Carried 4-0. Any appeal of the above action may be made in writing to the director of environmental services, City of Palm Desert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SE Y PLANNING COMMISSIO RAD/tm cc: File(s) C.V. Water District City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: May 7, 1985 REQUEST: Determination whether private school is permitted use in PR (Planned Residential) zone. APPLICANT:EXTENDED LEARNING TECHNIQUES INCORPORATED P.O. Box 7697 South Lake Tahoe, CA 95731 I. REQUEST The applicant is interested in locating a private school (K through 12th grade) on Hovley Lane which is in a PR zone. The list of uses permitted with a precise plan does not specifically include a private school. It does allow community facilities and related institutional uses, either of which may, through interpretation, include a private school. Our definitions of those types of uses are attached for your perusal. H. RECOMMENDATION: Review materials and determine whether use is permitted. III. ATTACHMENTS: A. Letter of request. B. Code definitions. Prepared Reviewed and Approved by Am Jerry L. Coker, President Erfanaea �� i Patti C. Coker, .Caarning {o-_�_ 1 �v i Vice President e7ncorporaW 12 1985 ENv: :..i r-JEYTAL SERVICES CITY OF PALM DESERT April 120 1985 To: Planning Commission, Palm Desert, CA. From: Jerry Coker, Extended Learning Techniques, Inc. Re: clarification of Terminology Attention: Mr. Diaz Sir, We are interested in locating a private school in Palm Desert. The property under consideration is onisosuitable Lane. According to the zoning language this prop erty for the school site if "community services" includes the services of a private school. Is it possible for the commission to rule on thedefinition school? of "community services as including a pr Please forward the ruling to the Tahoe address at the bottom of this int}uiry' Respectfully , ) -1 j4e r7 Coker P.O. Boa 7697 / South Lake Tahoe, CA 95731 (916) 577-2840 / 541-7360 (Business) (Residence) ° 6 i Q .° t ro ro o yID vw ^O .[ 0 0 0 c am' ` U pCD O O N 3 A m O 02 % rom � w ( q L N a> n c N N 0. i 1/J 0EUQyJa N � a, N � YL ( /. \ (.uV V• 9� X / �/ F a o c_ FO nlil• O a°ac E - yti E .n cr O U omoU a > Q) ° m N ) L 'C m 0,—,a m « , « a) > O gy° 0) >° u xo . =m do m m E u - o av > ms" : 7 � ° to °v -a°i $ ! 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"Cl means an association of persons for some common purpose b not including groups organized primarily to render a se ice which is .customarily carried on as a business . (Ord . 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . 25 . 04 .185 Clust r development. "Cluster development" means an arrangement of dwelling units , attached or detached which provides a n er of dwelling units sufficient to meet density require men constructed on smaller lots in return for the restricts or dedication of the remaining acreage as permanent open space . (Ord . 93 §1 (part) , 1975 : Exhibit A §25 .2-3 (part) ) 25 . 04. 190 Commercial. "Commercial" means operated or carried on pri arily for financial gain. "Commercial com- plex" means t o or more businesses shown on a common develop- ment plan , p t plan, or precise plan of design functioning as a unit , w th common off-street parking provided on the property as an integral part of the unit. (Ord. 272 (part; , 1981 : Ord. 93 91 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . 25 . 0 . 195 Commercial recreation. "Commercial recrea- tion" meats any use of development either public or private , providin amusement, pleasure, or sport , which is operated or carri d on primarily for financial gain. (Ord. 93 §1 t 975 : Exhibit A §25 .2-3 (part) ) . 04 . 200 Commission or planning commission . "Commis- planning commission" means the city planning com- (Oi:d. 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . 04 . 205 Communit collector . "Community collector" medium-speed highway abutting similar land uses . ary function is to collect and distribute trips hierarchy of roads and, secondarily, to carry short tween adjacent neighborhoods . A community collector ency parking only and has a significant amount of (Ord. 93 91 (part) , 1975 : Exhibit A 525 .2-3 (part) ) . 25 . 04 . 210 Community facility . "Community facility" means a noncommercial use established primarily for the benefit and service of the population of the community in which it is located. (Ord. 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) . nditional use . "Conditional use" means a use which requires a special degree of control because of 292 (Palm Desert 7i82) 2n . 04 . 395--25 . 04 .435 Aa rance thereof, and includes storage elevators , truck yards , warehouses , wholesale storage and other simis of enterprise . (Ord . 93 §1 (part) , 1975 : Exhibit 9 (part) ) . 25 .04 . 395 Institution . "Institution" means a social , educational , governmental , health, or religious organization. (Ord . 93 §1 (part) , 1975 : Exhibit A §25 .2-9 (part) ) . ity. "Intensity" means the magnitude o activity affecting the development of densities , traffic fl commercialism, tourism and land use . (Ord . 93 §1 (pa t) , 1975 : Exhibit A §25 .2-9 (part) ) . 5 . 04 . 405 Junk. "Junk" means any worn out , castoff , or di carded article or material . (Ord . 93 §1 (part) , 1975 : Exhibi A 525 . 2-10 (part) ) . 25 04 . 410 Junk and salvage yard . "Junk and salvage yard" m ns any property used for the breaking up , disman- tling, s rting, storage, distribution, or sale of any scrap, waste mat rial or junk . (Ord. 93 §1 (part) , 1975 : Exhibit A §25 . 2-10 ( art) ) . 25 .04 . 15 Kennel. "Kennel" means any lot where four I or more dog or cats , over the age of four months , are kept or maintaine (Ord. 93 91 (part) , 1975 : Exhibit A 925 .2-11 (part) ) . 25 . 04 . 420 Kennel , commercial . "Commercial kennel" means any kenn maintained for the purpose of boarding, breeding, raisi g or training dogs or cats for a fee or for sale . (Ord. 93 l (part) , 1975: Exhibit A §25.2-11 (part) ) . 25 .04 . 425 K tchen. "Kitchen" means any room in a building or dwelli g unit which is used for cooking and preparation of food (Ord . 93 §1 (part) , 1975: Exhibit A §25 . 2-11 (part) ) . 25 .04 . 430 Lands ping. "Landscaping means the plant- ing of suitable plant terials or a combination of plant with minimum eas of paving, gravel , or otherwise .__. ._....__. dust-free materials incl ding an adequate irrigation system. (Ord . 93 §1 (part) , 1975 : Exhibit. A §25 .2-12 (part) ) . 25 . 04 .435 Launderette ' "Launderette" means a business premises equipped with indi ' dual clothes washing and drying machines either coin-operate or attendant operated for the use of retail customers, excl ive of laundry facilities pro- vided as an accessory use in a apartment house or apartment hotel . (Ord . 93 §1 (part) , 1975 . Exhibit A §25 .2-12 (part) ) . 297 Jerry L. Coker, \ President Extended 'earning v p Patti C. Coker, decpeniquas i ' �� Vice President elncorporaW I 1 2 1985 EN, 141VIENTAL SERVICES Clef OF PALM DESERT April 12, 1985 To: Planning Commission, Palm Desert, CA. From: Jerry Coker, Extended Learning Techniques, Inc. Re: Clarification of Terminology Attention: Mr. Diaz Sir, We are interested in locating a private school in Palm Desert. The property under consideration is on Hovley Lane. According to the zoning language this property is suitable for the school site if "community services" includes the:= services of a private school. Is it possible for the commission to rule on the definition of "community services" as including a private school? Please forward the ruling to the Tahoe address at the bottom of this inquiry* Respectfully , Qel -l'ierVy Coker P.O. Box 7697 / South Lake Tahoe, CA 95731 (916) 577-2840 / 541-7360 (Business) (Residence) I ID 0 0, 0�w .' mcNG m"� y0 a . aoO ba"- 4t(y�C�D° o x r ID a "�O" pGmm� N 7 no � G.w 7 0 0 W 0. 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ECc z m "��y 1 0C7 ,go E.c O r q� U �, two I 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 7, 1985 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 85-2 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an amendment to the Palm Desert Municipal Code, Chapter 25 (Zoning Ordinance) adding section 25.24.25, which would permit private schools and colleges with approval of a conditional use permit. SAID Public Hearing will be held on Thursday, June 27, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council (or planning commission) at, or prior to the public hearing. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post June 14, 1985 AM PROOF OF PU13LOATION This space Is forth _unty Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Riverside -r1 N I am a citizen of the United States and a CITY OF PALM,,,DESER3T d resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I CASE NO e ZOA 85-2'N am the principal clerk of the printer of the ...............................:...............••.••••••••• DESERT POST .................................................... ........................................................... FAL R R N�TN: Cite N ati oTic a newspaper of general circulation, printed . E 10�o d and published B1-weeklX................. am ec in the City of ..Ra1m..D.est.1.C........•.... air or c d County of Riverside, and which news- or, ra ' paper has been adjudged a. newspaper , a of general circulation by the .Superior e,e h e Court of the County of Riverside, State of o, California, under the dateofJD/.5.., 19 ,&4.r rrrr Case Number ...3658 ; that the notice, o of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, ^• to-wit: ......5/241.85........................... all in the year 19..8.5. 1 certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at•••••••Palm Desert California,t s.?,4th edayof. (ax.. 1985 l i lure Free copies of this bunk With may be secured Irem, CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 pluu request GENERAL Proof at Publlcalleh when ordarino this Iprm. i City of Palm Desert f Department of Environmental Services Staff Report TO: Planning Commission DATE: June 4, 1985 CASE NOS: ZOA 85-2 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code, Chapter 25 (zoning ordinance) adding section 25.24.25, which would permit private schools and colleges, not including art, business or trade schools or colleges, with approval of a conditional use permit. INITIATED BY: Palm Desert Planning Commission I. BACKGROUND: A. INITIATION: An interested party inquired as to whether private schools are permitted with a precise plan in the PR (planned residential) zone. Staff felt that they would be if it was interpreted that they were a "community facility" or "related institutional use." The planning commission at the meeting of May 7, 1985, felt it was not appropriate to make that interpretation. It was felt that a code amendment specifically addressing private schools should be considered. Therefore, this amendment is before you for recommendation to the city council. U. ANALYSIS: A. GENERAL: Presently "community facilities" or "related institutional uses" are permitted with a precise plan. The definitions of these terms as used in the ordinance are attached for your perusal. To date, churches, TV stations, the retarded foundation, and a convalescent facility have been permitted under those uses. A private school, while similar in nature, can have a greater impact on the surrounding neighborhood due to the outdoor activities, lighting, noise, and traffic. A conditional use permit, with its required findings and justification, would give the city adequate control to insure that any proposal would be acceptable and compatible with the neighborhood. The public hearing process would provide surrounding property owners with the right to voice their opinions. B. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed amendment is a class 5 categorical exemption for purposes of CEQA and no further review is necessary. III. RECOMMENDATION: Based on the control the conditional use permit would provide as noted above, staff believes this amendment would not be detrimental when properly utilized and recommends: That if the planning commission finds this amendment acceptable, that Planning Commission Resolution No. , recommending approval of ZOA 85-2 to the city council be adopted. IV. ATTACHMENTS: A. Draft resolution. B. Code definitions. Prepared by Reviewed and Approved by _ Am v PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT REGARDING PRIVATE SCHOOLS IN THE PR ZONE. CASE NO. ZOA 85-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of June, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to private schools and colleges, not including business or trade schools or colleges with approval of a conditional use permit in the PR (planned residential) zone. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of June, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am I PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Case No. ZOA 85-2 Section 25.24.25 is hereby recommended for addition as follows: 25.24.25 Uses permitted by approved conditional use permit. A. Private schools and colleges, not including art, business or trade schools or colleges. 5 . 04 . 180--25 . 04 . 215 25 .04 . 180 Club . "Cl means an association of oer�ons for some common purpose b not including groups organized primarily to render a ser ice which is .customarily carried on as a business . (Ord . 93 §1 (part) , 1975 : Exhibit A 525 . 2-3 (part) ) . 25 .04 .185 Clust r development . "Cluster development" means an arrangement of dwelling units , attached or detach=_d which provides a n er of dwelling units sufficient to meet density requiremen construcped on smaller lots in return for the restricts or dedication of the remaining acreage as permanent open space . (Ord . 93 51 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) 25 . 04 . 190 Commercial . "Commercial" means operacec. or carried on pri arily for financial gain . "Commercial com- plex" means t, o or more businesses shown on a common de�:elop- ment plan, p t plan, or precise play. of design functioning as a unit, w th common off-street parking provided on the property as an integral part of the unit. (Ord. 272 (part: , 1981 : Ord. 93 §1 (part) , 1975 : Exhibit A §25 . 273 (part) ) . 25 .0 . 195 Commercial recreation. "Commercial recrea- tion" mea s any use of development either public or private, providin amusement, pleasure , or sport , which is operated or carri d on primarily for financial gain . (Ord . 93 91 (part) , 975 : Exhibit A §25 . 2-3 (par:) ) . 2[04 . 200 Commission or _planning commission . "Commis- sion" r "planning commission" means the city planning com- mis si (Ord. 93 §1 (part) , 1975 : Exhibit A §25 . 2-3 (part) ) 5 . 04 . 205 Community collector . "Community collector" mean a medium-speed highway abutting similar land uses . The rimary function is to collect and distribute trios wit in a hierarchy of roads and , secondarily , to carry short tr ' s between adjacent neighborhoods . A community collector h emergency parking only and has a significant amount of . (Ord . 93 §1 (part) , 1975 : Exhibit A 525 . 2-3 (part) ) . 25 .04 . 210 Community facility . "Community facility" 07 means a noncommercial use established primarily for the benefit and service of the population of the community in which it is located. (Ord . 93 91 (part) , 1975 : Exhihic A 525 .2-3 (part) ) . nditional use . "Conditional use" means a use which requires a special degree of control because of 792 (Palm Desert 7i821 ) x 25 .04 . 395--25 . 04 . 435 r Aaea rance thereof , and includes storage elevators , truck ards , warehouses , wholesale storage and other simi- s of enterprise . (Ord. 93 §1 (part) , 1975 : Exhibit 9 (part) ) . 25 .04 . 395 Institution. "Institution" means a social , educational, governme75al �Exhabit, or A §25e219 (Part)gious �ganization . (Ord . 93 §1 (part) , 9 itv . "Intensity" means the magnitude o activity affecting the development of densities , traffic f1 cossnercialism, tourism and land use . (Ord . 93 §1 (pa t) , 1975 : Exhibit A §25 . 2-9 (part) ) . 5 .04 . 405 Junk. "Junk" means any worn out, castoff , or di carded article or material . (Ord . 93 §1 (p Exhibi A §25 . 2-10 (part) 1 • 25 04 . 410 Junk and salvage ard . "Junk and salvage yard" m ns any property used for the breaking up , disman- s rting, storage, distribution, or sale of any scrap , wasteart) , 1975 : Exhibit A waste mat rial or junk . (Ord. 93 §1 (p 525 .2-10 ( art) ) . 25 . 04 . 15 Kennel . "Kennel" means any lot where four or more dog or cats , over the age of four months , are kept or maintaine (Ord . 93 §1 (part) , 1975 : Exhibit A 525 . 2-11 (part) ) 25 . 04 . 420 Kennel , commercial . "commercial kennel" means any Kenn maintained ro dogs o e purpose fof boarding, for breeding , raisi g or training s art) ) • sale . (Ord. 93 l (part) , 1975 : Exhibit A 925 .2-11 (p 25 .04 .425 K tchen. "Kitchen" means any room in a building or dorelli g unit which is used for cooking and preparation of food (Ord. 93 §1 (part) , 1975 : Exhibit A 525 . 2-11 (part) ) . 25 .04 . 430 Lands ping . "Landscaping" means the plant- ing of suitable plant terials or an combination oofo lant se . _ _ . materials with minimum eas of paving, gravel , dust-free materials incl ding an adequate irrigation system. (Ord. 93 §1 (part) , 1975 : Exhibit.A §25 . 2-12 (part) ) . 25 .04 .435 Launderette "Launderette" means and premises equipped with indi 'dual clothes washingdrying machines either coin-operate or attendant operated for the use of retail customies pro- ers , excl ive of laundry facilitartment vided as an accessory use i1975 .apartment hou25 . 2r12ppart) ) se hotel . (Ord . 93 51 (part) , 297 i 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 May 17, 1985 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 85-2 NOTICE I5 HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Palm Desert Municipal Code, Chapter 25 (Zoning Ordinance) adding section 25.24.25, which would permit private schools and colleges, not including art, business or trade schools or colleges with approval of a conditional use permit. SAID Public Hearing will be held on Tuesday, June 4, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council (or planning commission) at, or prior to the public hearing. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post May 24, 1985 Am