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HomeMy WebLinkAboutRes No 2547PLANNING COMMISSION RESOLUTION NO. 2547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A CLASSROOM LEARNING CENTER FACILITY FOR UNIVERSITY OF PHOENIX IN A SERVICE INDUSTRIAL DISTRICT LOCATED WITHIN THE POINTE MONTEREY OFFICE PROJECT AT 34-100 GATEWAY DRIVE. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of March, 2011, hold a duly noticed public hearing to consider the request by University of Phoenix 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 location is in a Service Industrial zone. The project was approved for office use. The proposed location of the office complex is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking, traffic, and noise. Only 32 students out of the 129 students will attend classes, which operate throughout the day Monday through Friday from 8:00 a.m. to 5:00 p.m. and are in accordance with other businesses in the area. The evening classes and weekend classes will not adversely impact the office complex or existing businesses in the area, and will provide a convenience to the nearby residents. 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 university is permitted within the S.I. 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 "University of PLANNING COMMISSION RESOLUTION NO. 2547 Phoenix" 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 university will also conform with all accredited requirements of the State of California. 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 site has already been developed and approved as an office complex. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the Service Industrial zone. The use of a university facility will operate during 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 Fire Department conditions. This promotes a mixed, efficient use of the site within the Service Industrial 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 "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 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non- industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park / industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. 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 land uses that meet the day-to-day needs of local residents. The proposed project appears to be an appropriate integration of neighborhood, residential -serving services within easy access from Interstate 10, and others working in the vicinity are also expected to utilize the University. 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 in respect to the appropriate use of the proposed location. The 2 PLANNING COMMISSION RESOLUTION NO. 2547 business is compatible with surrounding land uses, and offers an excellent service 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 11-51, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of March 2011, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, DASH, LIMONT AND TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 1 . SONIA CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 2547 CONDITIONS OF APPROVAL CASE NO. CUP 11-51 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 Public Works 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 classroom hours of operation are from 8:00 a.m. to 5:00 p.m. and 5:30 p.m. to 10:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday. 6. The university shall have a maximum of 12 employees. 7. The university shall have a maximum of 129 students at the facility at anytime. 8. The university must be licensed by the State of California for operating a university. 9. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 10. The business owner shall provide security detail until 10:30 p.m. or until the last class is dismissed. 4 PLANNING COMMISSION RESOLUTION NO. 2547 11. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC) 2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC) 2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC) 2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC) 2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE 12. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 13. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 5