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HomeMy WebLinkAboutPC Resolution _5035- Case 5.1051- CUPRESOLUTION NO.5035 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVES CASE NO 5.1051 - CUP, SUBJECT TO THE CONDITIONS STATED, PROPOSED INTERMEDIATE CARE FACILITY, LOCATED AT 855 NORTH INDIAN CANYON WAY AND 175 EAST ALAMEDA, ZONE R3 SECTION 10, APN 505-285-011-012. WHEREAS, the Planning Commission has received a request by Freedom Recovery Center LLC, for a Conditional Use permit to allow an Intermediate Care Facility and, WHEREAS, the Section 94.02.00 requires Assisted living facilities to comply with zoning provisions and conditions imposed in subsection (H)(7); and WHEREAS, the Section 92.04.001(D) of the Zoning Ordinance requires that Assisted Living Facilities obtain a Conditional Use Permit; and WHEREAS, the Village Inn has been located at 855 Indian Canyon Drive since 1945 and The Harlow Hotel has been located at 175 El Alameda since the 1930's; 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. 5.1051 was circulated and published in accordance with applicable law; and WHEREAS, on July 27, 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 15063, the Planning Commission finds as follows, A draft Negative Declaration of environmental impact was prepared for the Conditional Use Permit. The Environmental Assessment was distributed to local agencies and interested parties. Conditions of Approval regarding the use of an Intermediate Care Facility have been included for this project. Section 2: Pursuant to Zoning Ordinance Section 94.02.00: a. That Assisted Living Facilities called Intermediate Care Facilities are permitted by a Conditional Use Permit. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by this Zoning Code. b. 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 project site is accessed by public streets, which are adequate to serve the proposed use within which the site is located. There is adequate parking for the proposed business. c. That the operator of the facility will annually submit to the City of Palm Springs a copy of the facility's current State License. The City of Palm Springs can decide to review the Conditional Use Permit at the time of such review to determine continued compliance with conditions. d. That the project site is adequate in size and shape to accommodate the proposed business. All imposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to protect the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.1051 subject to those conditions set forth in the attached Conditions of Approval, which are to be satisfied prior to the issuance of a Certificate of Occupancy, unless otherwise specified. ADOPTED this 27t' day of July 2005. O AYES: 4/ Cohen, Roath, Hochanadel, Marantz NOES: ABSENT: 31 Shoenberger, Ringlein, Hutcheson ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA c 1�� cret the P ng Commission WE