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HomeMy WebLinkAbout2011-03-15 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - MARCH 15, 2011 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CALL TO ORDER Chair Campbell called the meeting to order at 5:58 p.m. II. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont 'M Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Tony Bagato, Principal Planner Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Tanner led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian informed the Planning Commission that the City Council met Thursday, March 10, 2011 for consideration of Von's grocery store opening in the vacated Mervyn's building on the corner of Highway 111 and Fred Waring Dr. The issue had a split vote: 2-2, with one of the Councilmembers uncertain about abstaining from on this matter due to the potential for a perceived conflict of interest. The City Attorney has filed a request with the FPPC for a MINUTES PALM DESERT PLANNING COMMISSION March 15 2011 ruling on the matter and expects an answer within the next 30 days in time for the first City Council meeting of April. .rr V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the March 1, 2011, meeting minutes. Action: Commissioner De Luna moved and Commissioner Tanner seconded the approval of the March 1, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR NONE Vill. PUBLIC HEARINGS Chair Campbell stated that anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence ..r delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 11-51, University of Phoenix, Applicant. That the Planning Commission approve the findings and adopt Planning Commission Resolution No. 2547, approving Conditional Use Permit 11-51 for University of Phoenix in the S.I. zone, subject to the attached conditions. Kevin Swartz, Assistant Planner, orally presented the salient points of his staff report and PowerPoint presentation. He spoke about the layout of the project site and where the classes would be held. The building includes seven classrooms, a break room, a student resource center, a faculty resource area and restrooms. The building currently has four other tenants as well. The university would have four faculty members, eight staff members and up to 129 students. The school would operate Monday — Friday 8 a.m. to 5 p.m. and evening classes would be held from 5:30 p.m. to 10:30 p.m. The weekend classes would be held from 8 a.m. to 6 p.m. Mr. Swartz stated that there would only be 32 students during the week for the Monday — Friday day-time classes. During the weekday classes, the project would be 22 parking spaces short; No 2 MINUTES PALM DESERT PLANNING COMMISSION March 15 2011 however, a reciprocal parking agreement is on file and staff does not believe that this would create a problem. Staff conducted a traffic study indicating that there is currently ample parking at all times for this use. Mr. Swartz indicated that there were some changes to the conditions of approval in the staff report and explained the new conditions put before the Commissioners. He stated that in Condition #5, the word 'classroom' was added; Condition #7 should state that 'the university shall have a maximum of 109 students at any one time'; and in Condition #8, the word `instructors' was removed since only the university need be licensed by the state of California, not the instructors. With that, staff recommended approval and Mr. Swartz offered to answer questions. Commissioner De Luna began by asking about the parking issue. She wanted to know if a parking agreement was in place. Mr. Swartz indicated that there was a reciprocal agreement in place. Commissioner Dash asked if this was a relocation or a brand new site. Mr. Swartz deferred to the applicant. Commissioner Limont also indicated that she would direct her question to the applicant. Chair Campbell declared the public hearing open and asked the applicant to .. step forward. Harlan Lindholm, 4305 Endoaks Dr., Yorba Linda, CA, and Jeffery Abolino, 312 W. Brookshire, Orange, CA both approached the podium to answer questions. To answer Commissioner Dash's question, they stated that this new location was indeed a relocation. The current campus site is on Merle Street and is too small for any anticipated growth. Commissioner Dash asked if both facilities would be operated simultaneously. Mr. Lindholm said that they would not be at this time, but if future growth merited, then that option would be revisited at a later date. Commissioner Limont asked how many students are at the current location. Mr. Abolino stated that nearly 300 students attend the university currently. He said that the students come one night per week and many students come at different times for different classes. Commissioner Limont asked about the current facility and if it was operable for test taking or licensing and if not, would the new location be equipped for such. The gentlemen stated that the Merle location wasn't equipped for that and that they didn't anticipate that the new location would serve that function either. Finally, Commissioner Limont wanted to know about evening security and if that would be provided. Mr. Lindholm stated that currently there is a security guard on duty for evening/nighttime classes. He said 3 MINUTES PALM DESERT PLANNING COMMISSION March 15 2011 the guard shift begins at 3:30 or 4 p.m. and does not end until after the last student has departed from the night class (which is usually about 10:30 p.m.). He also said that the security patrol not only escorts students to their cars, but r.r that they also make sure that the building is locked. Chair Campbell asked if security was already there. Mr. Abolino stated that at the Merle facility there is not security there because the site is too small and doesn't warrant the need. But the new site will certainly have security. Commissioner De Luna asked about the number of students at the new facility and how they would have 129 at the new facility but currently have 300 at the Merle facility. Mr. Lindholm clarified that the 129 would be maximum daily occupancy at the new facility and not the total number of students enrolled. Mr. Abolino said that about 60 students take evening classes currently. Hearing no other questions of the applicant, Chair Campbell invited anyone who was IN FAVOR OF or IN OPPOSITION TO this project to come forward to speak. Mr. Tom Noble, 34360 Gateway Dr, Palm Desert came forward to speak in favor of this project. His offices are in the same complex as the proposed site and stated that his business and neighboring businesses are in favor of the university coming to their site. He also stated that the security company that the university uses is headquartered in this same complex, so that is another benefit of this relocation. He offered to answer any questions. Seeing no other indication of speakers, Chair Campbell declared the public hearing closed and asked for Commissioner comments. Commissioner Tanner began by welcoming the applicant to the new site in the Coachella Valley and moved for approval. Commissioner De Luna seconded the motion. Commissioner Limont stated that she wanted to ask a question of staff before she voted. She asked Mr. Swartz if staff considered the 129 students at the new facility when calculating the parking study. Mr. Swartz stated that the 129 students were considered for the study and that in fact, the parking lot was virtually empty on the weekends, and with a reciprocal parking agreement in place parking would not be a problem at most times of any given day. Commissioner Limont requested that a condition be added stating that the university would be required to have security patrol on campus and she would be able to vote in favor of the project. Ms. Aylaian stated that currently that requirement was not part of the conditions and the Commission would need to amend the motion to include that as part of i.nlli 4 MINUTES PALM DESERT PLANNING COMMISSION March 15 2011 the conditions. Commissioners Tanner and De Luna both amended their motion and second to include the condition that the university have security patrol on site during the afternoon and evening classes until closing. Commissioner De Luna commented briefly that she warmly welcomed the university to Palm Desert and was happy to have another educational facility here to serve the young community. Action: Commissioner Tanner amended his motion to include the security requirement and Commissioner De Luna seconded the amended motion to approve case CUP 11-51, subject to the attached and amended conditions. The motion carried for approval 5-0. Commissioner Tanner moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2547 recommending approval of CUP 11-51, subject to the attached and amended conditions. Motion carried 5-0. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that the commission would meet Wednesday, March 16, 2011. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont mentioned that the committee wouldn't meet until April C. PARKS & RECREATION Commissioner Tanner said that the first Tuesday of April would be the next meeting. D. PROJECT AREA 4 COMMITTEE Commissioner Dash briefly indicated that the meeting centered around the proposed undergrounding project and to determine the will of the residents in that area. A poll indicated that 2/3 of the residents were not in favor of pursuing this project due to expense and economics, since the demographics of the area indicate that .. 5 MINUTES PALM DESERT PLANNING COMMISSION March 15 2011 the average income of residents of that area is less than $40,000/year. Other issues discussed centered on various ..r complaints including cyclists not following traffic laws and pieces of the brick veneer falling off of the Fred Waring wall. XI. COMMENTS NONE XII. ADJOURNMENT Commissioner Tanner moved and Commissioner Limont seconded the adjournment of the meeting by minute motion. The motion carried 5-0. The meeting was adjourned at 6:17 p.m. LAURI AYLAIAN, Secretary ATTEST: SONIA CAMPBELL, Chair .. Palm Desert Planning Commission /tb 6