HomeMy WebLinkAboutPC Resolution _5032- Case 5.1075 CUPRESOLUTION NO. 5032
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, TO APPROVE CASE NO 5.1075 -
CUP, SUBJECT TO THE CONDITIONS STATED, PROPSED
PROFESSIONAL LAW OFFICE, LOCATED AT 1381 NORTH
INDIAN CANYON DRIVE, ZONE R-3 SECTION 10, APN 504-
180-016.
WHEREAS, the Planning Commission has received a request by Judith Deming Gerbershagen, for
a Conditional Use permit to allow a Professional Law Office and,
WHEREAS, the Section 94.02.00(A)(1) of the Zoning Ordinance permits uses listed in the zones, as
uses permitted by Conditional Use Permit, obtain a Conditional Use Permit; 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. 5.1075 was circulated and published in
accordance with applicable law; and
WHEREAS, on October 12, 2005, 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 guidelines Section 15301(m), Existing Facilities, of the California
Environmental Quality Act, CEQA guidelines, the Planning Commission finds that
this project is exempt from environmental review because it meets the definition of
existing facilities as a conversion of a single-family residence to an office use.
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.
Professional Offices are uses that are conditionally permitted in the R-3 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 is desirable in that the use is in harmony to the General Plan and is a
service oriented use for the community.
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c. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls orfences, landscaping and otherfeatures required in order
to adjust said use to those existing or permitted future uses of land in the neighborhood.
The project site is adequate in size and shape to accommodate the proposed business.
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 office use.
There is adequate parking for the proposed business.
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. M
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 5.1075 subject to those conditions set forth which are to
be satisfied prior to the issuance of a Certificate of Occupancy, unless otherwise specified.
ADOPTED this 12th day of October 2005.
AYES: 7 Marantz/Hochanadel/Shoenberger/Cohen/Roath/Ringlein/Hutcheson
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
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