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HomeMy WebLinkAbout18862 - RESOLUTIONS - 7/17/1996 RESOLUTION NO. 18862 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5 . 0720 TO PERMIT THE LOCATION OF THE STROKE ACTIVITY CENTER, A NON-PROFIT ORGANIZATION WHICH PROVIDES FREE TREATMENT AND REHABILITATION TO STROKE VICTIMS, WITHIN AN , EXISTING BUILDING (THE FORMER BIRD CORPORATION/NATIONAL UNIVERSITY BUILDING) LOCATED AT 2800 EAST ALEJO ROAD, PD-158/M-1-P ZONE, SECTION 12 . WHEREAS, the Stroke Activity Center, a non-profit service organization which provides counseling and rehabilitation for stroke victims, has submitted a conditional use permit to relocate within an existing 14, 890 square foot building located at 2800 East Alejo Road; and WHEREAS, the Zoning Ordinance requires the Planning Commission as well as the City Council to approve a conditional use permit for institutions of philanthropic or charitable nature; and WHEREAS, no parking ratio is set forth for the .subject use within the Zoning Ordinance, however the subject site does contains 63 parking spaces which will adequately serve the proposed use based on the existing and projected number of employees and patrons of the Stroke Activity Center; and WHEREAS, the Planning Commission at a public hearing on July 10, 1996, voted to recommend approval of Conditional Use Permit 5 . 0720; , and WHEREAS, notice of a public: hearing of the City Council of the City of Palm Springs to consider the application for a conditional use permit was given in accordance with applicable :Law; and WHEREAS, on July 17, 1996, a public hearing was held on the application for Conditional Use Permit 5 . 0720 by the City Council in accordance with applicable law; and WHEREAS the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA, the City Council finds as follows :: a. The project is categorically exempt from the requirements of CEQA pursuant to Section 15303, New Construction or Conversion of Small Structures . b. Pursuant to Fish and Game Code Section 711 .4, this project has a de minimis impact on fish and wildlife. ' Section 2 : Pursuant to Section 9402 . 00 of the Zoning Ordinance the City Council finds that : a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City' s Zoning Ordinance. I t I R18862 Page 2 The Zoning Ordinance allows for the location of organizations of a philanthropic or charitable nature to be located within any zone with the approval of a type II conditional use permit . The Stroke Activity Center is a non-profit organization which offers counseling and rehabilitation services to stroke victims which would be appropriately located on the subject developed site . b. That the said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use to be located within an existing building which was formerly occupied by the Bird Corporation for office use and subsequently by National University. The site, which has been unoccupied for several years, will be utilized by a non-profit community organization which will provide needed services for stroke victims . The General Plan encourages the development of social and health services throughout the City provided that they are compatible with adjacent land uses . The subject location is in proximity to myriad uses including office, commercial and residential land uses . Additionally, the subject use, which will provide a service to the community, will allow for the revival of the vacant building and site which might not otherwise occur. C . That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site entails an existing building which was constructed in 1970 . The site and building comply with all property development standards except that a 25 foot wide landscape setback was never provided along the west side of the property adjacent to Commercial Drive since Commercial Drive was installed subsequent to the construction of the building. Mature oleanders currently serve as the west side buffer; however, the entire setback is not landscaped since this would not have been required prior to the existence of Commercial Drive. Between the existing oleanders and the building is a service drive; due to the existing mature oleander hedge which provides adequate screening of the building, it would be unreasonable at this time to require the service drive to be removed in order to allow for additional landscaping since the intent of the Ordinance has been met . Additionally, the proposal does include minor exterior upgrades, such as the addition of landscaping, parking lot restriping, including the addition of handicapped parking spaces and ramps and general maintenance of the property which might not occur without this proposed use. d. That the site for the proposed use relates to streets and ' highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use . The subject site is adjacent to Alejo Road and Commercial Drive which have been improved to their ultimate width pursuant to the General Plan. The proposed Stroke Activity Center will not be of greater land use intensity than the former university and office uses such that adjacent roadways would be negatively affected. R18862 Page 3 e . That the conditions to be: imposed and shown on the; approved site plan or in Exhibit A of this resolution are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone' s property development standards . The conditions of approval are necessary to protect the public health, safety and general welfare such that minor site ' improvements will be required. f . A nexus and rough proportionality have been established for the requirement of the off-site improvements as related to the conditional use permit . The off-site improvements consisting of the dedication of a corner cutback area, the installation of sidewalk along the portion of the property fronting Commercial Drive, a handicap ramp along the corner of Alejo Road and Commercial Drive and the future underg.rounding of utility lines, all of which are required by City ordinances, are related to the project and the use of the subject site . The dedication of the corner cutback area in order to properly locate a. required, handicap ramp in the appropriate location and the installation of a sidewalk along Commercial Drive are necessary and related to the subject project, such that public safety will be, enhanced for the site users . The subject use will cater to victims of stroke; any users of the Stroke Activity Center would benefit in terms of safety and accessibility from such a. ramp as well as a sidewalk along Commercial Drive, should any user of the Stroke Activity Center desire or need to access property along Commercial Drive . The undergrounding of utility lines when deemed necessary in the future, will provide for additional safety for users of the site and will aesthetically enhance the site as well as the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Conditional Use Permit 5 . 0720 subject to those conditions set forth in the attached Exhibit A as on file in the Office of the City Clerk. ADOPTED this 17th day of July_, 1996 . AYES : Members Barnes, Flodges, Spurgin and Mayor Kleindienst NOES : None ABSENT: Member Oden ll ATTEST: CI Y O/ ALM, RI 1S, CALIFORNIA (/ BY _ City Clerk City Manager REVIEWED & APPROVED 1