HomeMy WebLinkAboutPC Resolution _4889- Case 5.0978- CUPRESOLUTION NO. 4889
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.0978, A
CONDITIONAL USE PERMIT TO ALLOW THE USE OF A
LEGALLY CONSTRUCTED FOURTEEN (14) UNIT APARTMENT,
A MULTI -FAMILY RESIDENTIAL USE, IN AN R-1-C (SINGLE-
FAMILY RESIDENTIAL) ZONE FOR THE PROPERTY LOCATED
AT 2388 N. SUNRISE WAY, ZONE R-1-C, SECTION 1.
WHEREAS, Jane Owen and Jeanne Burke (the "Applicant") has filed an application with the City
pursuant to Section 94.05.08 of the Zoning Ordinance far a Conditional Use Permit to allow the use
of a multi -family structure and use in an R-1-C (Single-family Residential Zone) which became non-
conforming in 1973 due to Ordinance No. 951, located at 2388 N. Sunrise Way and zoned R-1-C,
Section 1; and
WHEREAS, the multi -family residential complex meets the standards as outlined in Section
94.05.08, regarding non -conforming multi -family residential structures and uses as a conditional
use; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider an application for Conditional Use Permit 5.0978 was issued in accordance with applicable
law; and
WHEREAS, on November 12, 2003, a public hearing on the application for Conditional Use Permit
5.0978 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission 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,
all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds that Case 5.0978 is categorically
exempt from environmental assessment per Section 15301, Existing Facilities, of
the California Environmental Quality Act (CEQA).
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds
that:
a. 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.
Pursuant to Section 94.05.08 of the Zoning Ordinance, a multi -family structure and use
which became non -conforming in 1973 due to Ordinance No. 951 may to be permitted to
continue indefinitely when a conditional use permit is approved pursuant to the
requirements of that section, and of Section 94.02.00, is a conditionally permitted use in
this R-1-C zone.
b. 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
it to be located.
The project structure is a 14 unit apartment complex that was constructed in 1968 per
existing codes and standards of development at that time. It was a permitted use in an R-3
zone designation. The multi -family use has been consistent since that time. The function
of providing necessary housing for median income households is in harmony with the
objectives of the General Plan and is not detrimental to existing uses or future uses
permitted in the zone in which the project is located.
C. The site for the intended use is adequate in size and shape to accommodate such use,
including yards, setbacks, wall or fences, landscaping and other features required in order
to adjust such use to those existing or permitted future uses of land in the neighborhood.
The previously developed site is adequate in size and shape to accommodate such use.
Conditions of approval have been associated with the Conditional Use Permit in order to
conform more fully with present standards of development.
d. The site for the proposed use relates to streets and highways property designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The property is located at the intersection of a major thoroughfare and local street. The
adjacent streets have been adequately maintained and improved since the project's
construction. Therefore, the granting of this Conditional Use Permit, subject to the
conditions of approval, will have no impact on traffic volume in the area.
e. The conditions to be imposed and shown on the approved site plan are deemed necessary
to protect the public health, safety, and general welfare of the existing neighborhood in
which this project is situated.
All proposed conditions of approval are necessary to ensure compliance the intent of
Section 94.05.08 of the Zoning Ordinance is fulfilled and to protect the public health, safety
and welfare of the existing neighborhood in which the project is situated.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 5.0978, subject to the conditions set forth in the attached
Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless
otherwise specified.
ADOPTED this 1201 day of November, 2003.
AYES: Shoenberger, Marantz, Conrad, Hochanadel, Wright, Matthews
NOES:
ABSENT: Grence
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Ch4jrman oft the Plannin Commission Secretary o he Planning Commission