HomeMy WebLinkAboutPC Resolution _5037- Case 5.1066 CUPRESOLUTION NO. 5037
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL
USE PERMIT CASE NO. 5.1066, SUBJECT TO THE
CONDITIONS STATED, FOR THE PALM SPRINGS SERENITY
RETREAT TO OPERATE AN ASSISTED LIVING FACILITY,
LOCATED AT 2095 NORTH INDIAN CANYON DRIVE, ZONE R3,
SECTION 03.
WHEREAS, Donald Ward ("Applicant") has filed an application with the City pursuant to Section
94.02.00 of the Zoning Ordinance for the operation an assisted living facility located at 2095
North Indian Canyon Drive, Zone R3D, Section 03; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
consider the application for Conditional Use Permit Case No.5.1066 was given in accordance
with applicable law; and
WHEREAS, on November 9, 2005, a public hearing on the application for Conditional Use
Permit Case No. 5.1066 was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction
or Conversion of Small Structures); 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: The Planning Commission finds that this Conditional Use Permit is categorically
exempt from environmental assessment per Section 15303 of the California
Environmental Quality Act (CEQA) in that Section 15303 states that conversion
of an existing structure is exempt from 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 Zoning Ordinance.
Section 92.04.01(13)(1) authorizes Assisted Living Facilities with a CUP.
b. The use applied for 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.
As indicated above, the property is consistent with the residential density requirements
of the General Plan. The specific policies of the H43121 designation address new
construction and therefore the project is in compliance with the policies of the General
Plan. The property is bordered on two (2) sides with hotel uses. Because the property
has been in its current use since 2003 and no complaints have been received regarding
its use, it appears that the use is not detrimental to existing or future uses in the R-3
zone. In addition, the extra parking owned by the site could be available for new
development in the area.
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 the land in the
neighborhood.
The facility is an existing structure that has been operating as its current use for two
years with no complaints on file.
d. The site for the proposed use related to streets and highways is properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The property is located on a Major Thoroughfare as defined by the General Plan. The
proposed land use has been operating for two years and has not been shown to
significantly impact traffic circulation in the area as compared to a hotel use of similar
size. Further, a hotel use has an approximate turn -over of 1 day while each resident of
the Palms Springs Serenity Retreat will stay for between 30 and 90 days.
The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
The proposed permit is for a change of use within an existing structure and staff does
not believe any operational conditions or modifications to the existing site plan are
required. Upgrades to the property will be required as repairs and maintenance are
proposed for the property in conformance with the requirements of the zoning code.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit Case No. 5,1066, subject to those
conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of
Occupancy unless otherwise specified.
ADOPTED this 9th day of November, 2005,
AYES: 61 H utcheso n/Shoe n berger/Ring lei n/Roath/Cohen/Ma rantz
NOES: 1 1 Hochanadel
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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