HomeMy WebLinkAboutPC Resolution _4890- Case 5.0983- CUPRESOLUTION NO. 4890
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE
NO. 5.0983, A CONDITIONAL USE PERMIT FOR A CHILD
CARE CENTER WITHIN THE EXISTING FIRST SOUTHERN
BAPTIST CHURCH, AT 1111 EAST VISTA CHINO, ZONE GR5,
SECTION 11.
WHEREAS, the Planning Commission has received a request for a Conditional Use permit to allow
a Child Care Center in a GR5 zone; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
consider the application for a Conditional Use Permit No. 5.0983 was circulated and published in
accordance with applicable law; and
WHEREAS, on November 26, 2003, a public hearing on the application for a conditional use permit
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,
and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows
Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from
California Environmental Quality Guidelines (CEQA).
Section 2: Pursuant to Zoning Ordinance Section 94.01.00, the Planning Commission finds that:
a. The use applied for at the location set forth in the application is a proper one for which a
Conditional Use Permit is authorized by the City's zoning ordinance.
Pursuant to the Zoning Ordinance, a childcare center is similar in use to a church that is
conditionally permitted in the GR5 zone,
b. The said use is necessary or desirable for the development of the community, and is in
harmony with the various elements or objectives of the General Plan, and is not detrimental to the
existing or future uses specifically permitted in the zone in which the proposed use is to be located.
The proposed use and improvements are desirable in that it will allow for the primary structure
to be utilized daily and for childcare purposes, rather than stand vacant for the majority of the
week.
c. 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 is more than adequate for the proposed use. The existing structure, previously
approved as part of CUP 5.572, permitted the classroom and office uses. The existing parking
is more than adequate for parking requirements.
d. 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 project site is accessed by public streets, which are adequate to serve the use within which
the site is located. The childcare center will not intensify uses on the site or in the area.
e. The conditions to be imposed 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 with Zoning Ordinance
requirements and to ensure the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 5.0983 subject to those 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 2e day of November 2003.
AYES: Shoenberger, Marantz, Conrad, Matthews, Hochanadel
NOES:
ABSENT:
ABSTENTIONS: Grence, Wright
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
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Chfman of at�ePlannir(bCommission Secretary f the Planning Commission
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EXHIBIT A
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APPROVED 8Y CITY COUNCIL
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CASE 5.0983-CUP #__ _ Ordinance
CREATIVE BEGINNINGS MONTESSORI CM
FIRST SOUTHERN BAPTIST CHURCH PttO'.rAL SUBJECT ro ALL
1111 EAST VISTA CHINO AONP IIINS RY ARcvr sl
CONDITIONS OF APPROVAL
NOVEMBER 26, 2003
BEFORE FINAL ACCEPTANCE OF THE PROJECT, ALL CONDITIONS LISTED BELOW SHALL
BE COMPLETED TO THE SATISFACTION OF THE CITY ENGINEER, THE DIRECTOR OF
PLANNING AND ZONING, THE CHIEF OF POLICE, THE FIRE CHIEF OR THEIR DESIGNEE,
DEPENDING ON WHICH DEPARTMENT RECOMMENDED THE CONDITION.
ANYAGREEMENTS, EASEMENTS OR COVENANTS REQUIRED TO BE ENTERED INTO SHALL
BE IN A FORM APPROVED BY THE CITY ATTORNEY.
PLANNING DEPARTMENT:
1.
The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
1 a.The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm Springs
or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case
5.0974-CUP. The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of
Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the
matter without the applicant's consent but should it do so, the City shall waive further
indemnification hereunder, except, the City's decision to settle or abandon a matterfollowing an
adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
2. The appeal period for Conditional Use Permit No.5.0983 is 15 calendar days from the date of
project approval. Permits will not be issued until the appeal period has concluded.
BUILDING DEPARTMENT:
4 Prior to any construction on -site, all appropriate permits must be.
FIRE DEPARTMENT:
4 None
ENGINEERING:
5 None