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HomeMy WebLinkAboutRes No 2460PLANNING COMMISSION RESOLUTION NO. 2460 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW SANTA BARBARA BUSINESS COLLEGE IN 6,152 SQUARE FEET OF A 25,172 SQUARE FOOT BUILDING. THE PROPERTY IS LOCATED AT 75-030 GERALD FORD DRIVE. CASE NO. CUP 07-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December, 2007, hold a duly noticed public hearing to consider the request by Santa Barbara Business College for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78 in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption; 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 Planning Commission did find the following facts and reasons to exist to justify approval of the said request: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location is P.C.D., FCOZ zone. The Planned Community district allows for proposed site development standards for all residential, commercial, and industrial uses. The purpose of this district is to direct new community growth and development in the process of implementing the General Plan, and encourage the most effective use of the site of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed Santa Barbara Business College will meet all applicable requirements of the zoning ordinance and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. A condition of approval has been placed on the project that will require the project proponent to construct all necessary on -site infrastructures to provide utilities to the proposed project prior to PLANNING COMMISSION RESOLUTION NO. 2460 the issuance of building permits. Water, sanitation, public utilities and services are available in the public street. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the minimum development standards of the P.C.D., FCOZ zone. Additionally, conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The General Plan land use designation for the site is "Industrial / Business Park (I-B.P.)". A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 2 which states business park and industrial lands and uses that complement and take advantage of local university and college programs and curricula, and are geared to research and development. Policy 1 of the General Plan Land Use Element is to provide adequate and appropriate lands designed for business park/ industrial uses to provide a sufficient range of industrial development that is compatible with and complementary to local needs and opportunities. Program 4 A of the General Plan Land Use Element is in cooperation with property owners, local colleges and universities, Chamber of Commerce, as well as other private interests, the City shall support development of business parks and industrial lands through coordinated joint efforts. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan because the project proposes a business park use, which is compatible with the existing uses within the surrounding area, and offers an excellent service to the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, 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 07-15 is hereby granted, subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2460 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 2007, by the following vote, to wit: AYES: SCHMIDT, TANNER, CAMPBELL NOES: NONE ABSENT: LIMONT, TSCHOPP ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission t SONIA M. CAMPBELL, C airperson 3 PLANNING COMMISSION RESOLUTION NO. 2460 CONDITIONS OF APPROVAL CASE NO. CUP 07-15 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file in the Department of Community Development, as modified by the following conditions: 2. Applicant must obtain all clearance, permits and licenses as required by the City's Municipal Code. 3. Hours of operation for Santa Barbara Business College shall be conducted between the hours of 8:00 a.m. and 1:30 p.m. for daytime classes, and 5:45 p.m. to 10:30 p.m. for nighttime classes, Monday through Thursday, with office hours 8:00 a.m. to 5:00 p.m. 4. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 5. The applicant must construct all necessary on -site infrastructures to provide utilities to the proposed project prior to the issuance of Building Permits. 6. The Santa Barbara Business College shall have a maximum of 100 students during the daytime and 200 students during the nighttime. // 4