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HomeMy WebLinkAboutRes No 2546PLANNING COMMISSION RESOLUTION NO. 2546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW LITTLE MONSTERS / LITTLE ANGELS PRE- SCHOOL TO OPERATE IN A 4,130 SQUARE FOOT BUILDING AT 74- 124 HIGHWAY 111, LOCATED IN THE C-1, S.P. ZONE, (GENERAL COMMERCIAL). WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of March, 2011, hold a duly noticed public hearing to consider the request by Amir Engineering 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 California Environmental Quality Act", Resolution No.10-26, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 3 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; 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 exist to justify the approval of 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 project is zoned C-1, S.P. General Commercial, Scenic Preservation. The district allows for retail, personal services, general and medical offices and pre-schools subject to a Conditional Use Permit. The purpose of this zone is to classify and set standards for retail businesses, offices, administrative or professional uses which are of relatively low intensity and which are compatible with adjacent residential zoning and development therein. The type of business conducted at the proposed site is in accordance with the C-1 zone and with adjacent businesses and residents, and would have minimal impacts on parking, traffic, and noise. Classes operate throughout the day Monday through Friday 8:00 a.m. to 5:00 p.m. and are in accordance with other businesses in the area. They will not adversely impact the commercial uses or existing residences in the area, and will provide a convenience to the nearby residents PLANNING COMMISSION RESOLUTION NO. 2546 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 use of a pre-school is permitted within the C-1, S.P. zone subject to a Conditional Use Permit (for the land use) and is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The proposed "Little Monsters / Little Angels" business 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. Water, sanitation, public utilities and services are available and existing within the complex. The pre-school will also conform with all health and safety requirements of the State of California for licensing a pre-school. 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 property is located in the General Commercial Zone and the project complies with all provisions of the base zone (C-1, S.P.). The site has already been developed and approved as a retail building. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the C-1, S.P. zone. The pre- school will operate during regular business hours and conditions have been placed on 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. This promotes a mixed, efficient use of the site within the C-1, S.P. zone. No variances or adjustments are required for approval. 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 "Community Commercial (C-C) ". One of the primary objectives stated in the Land Use Element of the General Plan is the City is also home to a wide variety of small chain and independent retailers, including "mom and pop" stores that have been successful despite the competition from larger retailers. The project furthers the objectives and policies of the General Plan and is compatible with the general land uses as specified in the General Plan. A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1 an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents. 2 PLANNING COMMISSION RESOLUTION NO. 2546 The proposed project appears to be an appropriate integration of neighborhood, residential -serving commercial services within easy walking distance of homes to the north. Both the residents and others working in the vicinity are also expected to utilize the pre-school. Goal 2 of the Residential Land Use Goals and Policies states, the preservation and enhancement of the City's existing neighborhoods. The proposed pre-school does not separate or divide an existing neighborhood but rather helps to provide a convenient service to the commercial and residential neighborhood. Policy 3 of the Residential Land Use Goals and Policies states, the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. The subject property has seen a variety of retail users, which has included businesses that have not been able to remain viable in the long-term. The project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. This project promotes 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 and service within a commercial zone, which is compatible with the existing uses within the surrounding area, and offers an excellent service in a location that is convenient to the community. 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 the Planning Commission does hereby grant approval of Conditional Use Permit 10-438, subject to conditions. 3 PLANNING COMMISSION RESOLUTION NO. 2546 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of March 2011, by the following vote, to wit: AYES: CAMPBELL, LIMONT, DASH, DE LUNA AND TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission SONIA CAMPBELL, Chairper'on 4 PLANNING COMMISSION RESOLUTION NO. 2546 CONDITIONS OF APPROVAL CASE NO. CUP 10-438 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: City Fire Marshal Building and Safety Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 4. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 5. The hours of operation are from 8:00 a.m. to 5:30 p.m. Monday through Friday 6. The pre-school shall have a maximum of three employees. 7. The pre-school shall have a maximum of 30 students ages two through five enrolled at one time. 8. The pre-school and instructors must be licensed by the State of California for operating a pre-school. 5