HomeMy WebLinkAboutRes 88-153 CUP 88-10 at 73241 Hwy 111 Prof. Career College Classroom CITY OF PALM DESERT
DEPARTMENT OF CXNM7NITY DEVELOPMENT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST: An appeal of a planning commission denial of a conditional
use permit to allow the use of a 750 square foot space
within a commercial complex at 73-241 Highway 111 as a
professional career college classroom.
III. APPLICANT: Professional Career College
73-260 El Paseo
Palm Desert, CA 92260
IV. CASE N0: CUP 88-10
V. DATE: December 8, 1988
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Resolution No.
D. Planning Commission Minutes dated October 18, 1988.
E. Planning Catmission Resolution No. 1316.
F. Planning Commission Staff Report dated October 18, 1988.
G. Related maps and/or exhibits.
A. STAFF REC Mv1 RATION:
Adopt Resolution No. 88-153 affirming planning commission denial of CUP 88-
10.
B. BACKGROUND: (1K
Professional Career College has been operating classrooms out of various
locations on El Paseo and Highway 111 for a number of years. During this
period there has been a continuous history of complaints concerning
excessive parking demands, speeding and littering by students from both
tenants and adjacent property owners. Since the parking requirement for a
professional school exceeds the 1/250 retail standard, the college was
warned that any new expansion would require a conditional use permit.
The proposed classroom, located within the Los Lagos center at the
southwest corner of Sage and Highway 111, is already leased and in
operation by the college. Staff learned of the expansion from a complaint
from the owner of The Plaza (adjacent to the south) concerning spillover
into his lot by college students and staff.
CITY COUNCIL STAFF REPORT
CUP 88-10
DECEMBER 8, 1988
The classroom is used from 8:00 a.m. to 2:00 p.m. (40 minute lunch break)
and from 5:45 p.m. to 7:20 p.m. It is set up for 25 students with a
current maximum of 16 per period.
The college is building a new building to house the school in the Cook
Street Business Park. The request is for the use of the classroom until
the building is completed in December.
The long history of complaints and problems concerning this particular
college indicate far greater negative impacts then the ordinance analysis
would suggest. Despite repeated warnings, problems have continued.
One source of the problem involves the duration and low turnover of the
student parking demand in addition to its volume. Students, unlike retail
or restaurant customers, occupy the lot almost continuously during the
prime morning and early afternoon hours. Many eat their lunch in the
parking lot. While restaurant customers can benefit retail tenants by
attracting potential customers, the college's impact is essentially
negative.
II. CONCLUSION:
Although the career college is an important training facility for our
local economy, past history has shown it to be incompatible and
detrimental to adjacent retail commercial uses. The applicant has long
been aware of the nature of the problems and has been unable to correct
them. The fact that the use is already in operation does not justify even
a temporary approval. We do not grant temporary use permits for a one-day
event when there is substantial evidence that problems will result. In
this case there is substantial evidence that the proposed expansion will
be detrimental to adjacent tenants and property owners.
The planning commission felt that given the past history of this use
positive findings for approval could not be made and unanimously voted for
denial. To grant temporary approval for an unacceptable use based upon
relocation to the new building would set a bad precedent.
'72)Prepared by --:4)L
Reviewed and Approved by: i',1114,,.
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RESOLUTION NO. 88-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING THE APPEAL AND
AFFIRMING THE PLANNING COMMISSION DENIAL OF A
REQUEST BY PROFESSIONAL CAREER COLLEGES FOR A
CONDITIONAL USE PERMIT TO ALLOW USE OF A 750
SQUARE FOOT SPACE #4A WITHIN A COMMERCIAL COMPLEX
AT 73-241 HIGHWAY 111 AS A COLLEGE CLASSROOM.
CASE NO. CUP 88-10
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 8th day of December, 1988, hold a duly noticed public hearing to consider
the appeal by PROFESSIONAL CAREER COLLEGES of the planning commission denial of
a conditional use permit to allow use of a 750 square foot space #4A within a
commercial complex at 73-241 Highway 111 as a college classroom; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said city council did find the following facts and reasons to exist to
justify the denial of said conditional use permit:
1. The nature of the parking demands generated by the proposed use will
have a negative impact on the general operation of the parking lot of
the subject property as well as parking lots of adjacent properties.
2. There is substantial evidence that the proposed use is incompatible
and will be detrimental to retail commercial tenants and property
owners in the vicinity and is contrary to the goals of the Palm
Desert Commercial Core Specific Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the council in this case.
2. That the planning commission denial of CUP 88-10 is hereby affirmed.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 1988, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
A'rri ST:
SHEILA R. GILLIGAN, City Clerk
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PALM DESERT PLANNING CXMUSSIC1
OCIER 18, 1988
Commissioner Downs asked if this circulation pattern was the
recatmendation of public works and Mr. Smith replied yes.
Action:
Moved by Commissioner Whitlock, seconded by Commissioner Downs, •
adopting the findings as presented by staff. Carried 3-1 (Chairman
Erwood voted no).
Moved by Commissioner Whitlock, seconded by Ccmmissioner Dawns,
adopting Planning Commission Resolution No. 1315, approving TT 23681
subject to conditions. Carried 3-1 (Chairman Erwood voted no).
Staff noted that the decision could be appealed to the city
council within 15 days.
B. CXxitisuied Case No. PM 23798 - S. JAQ( ICESHI'IQAR, Applicant
Request for approval of a three lot subdivision
north of Silver Spur Trail and Sun Corral Trail.
Mr. Drell explained that the applicant was requestinga continuance ance
to November 1, 1988.
Chairman Erwood opened the public testimony and asked if anyone
present wished to speak in FAWR or OPPOSITION to this case. The
general consensus from the audience was to return on November 1,
1988. Comtission concurred with the continuance request.
Action:
Moved by Commissioner Downs, seconded by Commissioner Ladlow,
continuing PM 23798 to November 1, 1988. Carried 4-0.
C. Case No. CUP 88-10 - PROFESSIONAL CAREER COLLEGES, Applicant
Request for approval of a conditional use permit
to allow the use of a 750 square foot space
within a ccnmercial ccmplex at 73-241 Highway 111
as a professional career college classroom. •
Mr. Drell outlined the salient points of the staff report and noted
that there has been a history of complaints with students in the
parking lot. He stated that the use does not meet the requirements
for parking and noted that a new building was under construction, but
5
MaNtTiES
PALM DESERT PLANNING COMMISSION
OCTER 18, 1988
the applicant wishes to expand the present use. Staff felt the
expansion would be detrimental and recommended denial.
Chairman Erwood opened the public testimony and asked the applicant
to address the commission.
MS. LORETTA COLLINS, Professional Career Colleges Director,
stated that she took personal responsibility for students being
moved into the expanded area, but noted that there were no
additional students. She indicated that they have tried to work
with the tenants and property management. She stated that there
new facility was under construction and they expected to move by
December. She noted that there is an empty lot on Lupine Lane
toward Sage and suggested they be allowed to use it for student
parking.
Commissioner Ladlow asked about the number of students and Ms.
Collins replied that there were 16 at a time.
Chairman Erwood asked if there was anyone present who wished to speak
in FAVOR of the proposal. There was no one. Chairman Erwood asked
if anyone present wished to speak in OPPOSITION to the proposed.
MR. DAVID FLETCHER, 73-061 El Paseo Suite 205, stated that he
was the property manager to the south and stated that the
applicant had been a tenant in his building, but about a year
ago they decided not to renew the lease the Professional Career
Colleges because of student and parking problems. He indicated
that several weeks ago he started receiving complaints (J.C. 's
Patio Cafe) and told commission he was opposed to the request.
MS. COLLINS stated that J.C. 's restaurant was not in their area
and they did not park there and indicated that the classroom was
down a considerable way from there and he should be concerned
with other people in the immediate area.
Chairman Erwood closed the public testimony and asked for comments.
Chairman Erwood stated that when a conditional use permit is
approved, it is within the commission ability to revoke that permit
if a problem occurs. He indicated that the applicant was attempting
to cooperate with neighbors and they would only be there a short
time, but indicated that consideration had to be given on the impact
of commission's actions on future conditional use permit applications
and possibly setting a precedent.
6
MINUTES
PALM DESERT PLANNING CCNMISSION
OCTOB.ER 18, 1988
Action:
Moved by Commissioner Downs, seconded by Cannissioner Whitlock,
adopting the findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Cc mtission Resolution No. 1316, denying CUP 88-10.
Carried 4-0.
Staff noted that the applicant could appeal the decision to the city
council within 15 days.
D. CaRP No. PP 88-16 AND VAR 88-2 - URI EC H N, Applicant
Request for approval of a negative declaration of
environment
al impact, precise plan and front
setback variance for a 9, 394 square foot
industrial building located at 74-849 Joni Drive.
Mr. Drell outlined the salient points of the staff report. He stated
that he received a phone call fran the owner across the street who
had concern regarding impact on parking felt that a parking problem
exists due to improper off-street parking and was concerned about the
applicant's
pp cant's allowingan auto service
occupation. Staff indicated
• that this concern was addressed in conditions #8 and #9 (applicant
agreed to conditions) and recommended approval.
Commissioner Downs noted a correction on the agenda with the case
numbers.
Upon request by Commissioner Ladlow, Mr. Drell described the
landscaping and screening being provided.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the cannission. He did not. Chairman
Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION
to the proposed. There being no one, the public testimony was
closed.
Action:
Moved by Commissioner Downs, seconded by Commissioner Ladlow,
adopting the findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Ladlow,
adopting Planning Canmission Resolution No. 1317, approving PP 88-16
and VAR 88-2 subject to conditions. Carried -4 0.
7
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STAFF RETORT
CUP 88-10
OC OBER 18, 1988
long history of complaints and problems concerning this particular college
indicate far greater negative impacts then the ordinance analysis would
suggest. Despite repeated warnings, problems have amtinued.
One source of the problem involves the duration and low turnover of the
student parking demand in aciriition to its volume. Students, unlike retail
or restaurant customers, occupy the lot almost continuously during the
prime morning and early afternoon hours.
parking lot. While restaurant customers can eat their lunch In the
attracting potential customers, the coll e' nefit retail tenants by
• negative. e9s impact is essentially
III. CCNCQLUSICN:
Although the career college is an important training facility for our
local economy, past history has shown it to be incompatible and
detrimental to adjacent retail camiercial uses. The applicant has long
been aware of the nature of the problems and has been unable to correct
them. The fact that the use is already in operation does not justify even
a temporary approval. We do not grant temporary use permits for a one-day
event when there is substantial evidence that problems will result. In
this case there is substantial evidence that the proposed expansion will
be detrimental to adjacent tenants and property owners.
IV. REXXM4ENIDATICisJ:
Approve findings and adopt Planning Commission Resolution No.
denying CUP 88-10.
Pr epared
Reviewed and Approved by
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CCMMISSION RESOLUTION NJ.
A RESOLUTION OF THE PLANNING Cllyv1ISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, DENYING A
REQUEST BY PROFESSIONAL CAREER COLLEGES FOR
APPROVAL OF A O)NDITIONAL USE PERMIT TO ALLOW USE
OF A 750 SQUARE FOOT SPACE #4A WITHIN A
calla CIAL COMPLEX AT 73-241 HIGHWAY 111 AS A
COLLEGE CLASSROOM.
CASE NO. CUP 88-10
Wes, the Planning Ccmnission of the City of Palm Desert, California,
did on the 18th day of October, 1988, hold a duly noticed
consider the request by PROFESSIONAL CAREER COLLEGES fo rlac hearing to
canditiona ll
l use permit to allow use of a 750 pproval of a
commercial canplex at 73-241 Highway 111 as a collegee classroom; within a
WHEREAS, at said public hearing, upon hearing and considering all
testimony and its, if any, of all interested
to be
heard, said planning ccmnission did find the following facts and reasons to
exist to justify the denial of said conditional use permit:
1. The nature of the parking demands generated by the proposed use will
have a negative impact on the general operation of the
the eject property as well as properties.t e lot of
Parking lots of adjacent
2. There is substantial evidence that the proposed use is
and will be detrimental to retail �operty
owners in the vicinitycommercial tenants and property
Desert in cial Core and is contrary to the goals of the Palm
Specific Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning. Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That approval of Conditional Use Permit 88-10 is hereby denied.
P1 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
ann Planning Ccmmission, held on this 18th day of October, 1988, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
• ABSTAIN:
ATTEST: RIC ARD ERWIJOD, Chairman
RAMON A. DIAZ, Secretary
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0 73-510 FHED WAiNING DiIIVE,PALM DESERT,CALIFOiINIA 92260
TELEPHONE (619) 346-0611
November 18. 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 88-10
NOTICE IS HEREBY GIVEN that a continued public hearing will be held before the
Palm Desert City Council to consider an appeal by PROFESSIONAL CAREER COLLEGES
of a planning commission denial of a conditional use permit to allow the use
of space #4A within a commercial complex at 73-241 Highway III a
professional career college classroom.
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SAID public hearing will be held on Thursday. December 8, 1988, at 7:00 p.m. in
the Council Chamber at the Palm Desert City Hall. 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.
PUBLISH: Desert Post SHEiLA GILLIGAN. City Clerk
November 25. 1988 Palm Desert City Council
I
PROFESSIONAL CAREER COLLEGES 73-260 El Paseo, Suite 28, Palm Desert,CA 92260•(619)341-0151
A Division of Magna Institute
September 29, 1988 a,l I,
Mr. Ray Diaz SEP 2 9 1988
Assistant City Manager COMMUNITY UL,LLUraENI LLPAI+lMENT
Community Development
CITY OF PALM DESERT
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Conditional Use Permit
Dear Mr. Diaz:
In support of our request for a Conditional Use Permit at 73-241
Highway 111 , #4A, the following is general information regarding
the use of this space.
This space is used as a Computerized Office Assistant Program
classroom. The program consists of students learning typing and
word processing and other business related skills in a simulated
classroom atmosphere.
Hours of instruction are from 8:00 a.m. to 2:00 p.m. (day classes) ,
with a 40 minute break for lunch; and 5:45 p.m. to 9:20 p.m. (evening
classes) . The classroom is set up for no more than 25 students,
however, current maximum students in the classroom at any given time
is 16, plus one instructor.
We have always been advised that student parking is not in front of
the classroom or other businesses surrounding this space, but in the
middle section (sec attached diagram) . This parking regulation has
always been adhered to.
As you are aware, Professional Career College is currently building a
school on St. James in the Cook Street Business Park. Expected move
date is December 1988. We would appreciate your approval for a
Conditional Use Permit until such time as our school and move can be
completed.
Your continued assistance is appreciated, and we look forward to a
favorable decision. If we can provide any additional information,
please do not hesitate to contact us.
Sincerely,
01)A ♦ Q L1
)6 �t-tZL "Le ,LtClements
Director
cc: Mr. Jack Tiano