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HomeMy WebLinkAboutPC Resolution _6262- Case 10.472 DETRESOLUTION NO. 6262 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT AN ADULT DAY CARE USE 1S SIMILAR TO A CONVALESCENT HOME USE IN THE PROFESSIONAL ("P") ZONE. WHEREAS, Sandra Urbie on behalf of All Hope Adult Day Program ("Applicant') has filed an application with the City pursuant to Section 94.01.00 of the Palm Springs Zoning Code (PSZC) for a determination that an adult day care center use is similar to a convalescent home use in the Professional ("P") Zone located at 1800 North Via Negocio; and WHEREAS, on March 28, 2012, a public meeting on the application (Case 10.472) 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 the requirements of Section 94.01.02(B) of the PSZC, the Planning Commission makes determines that all of the following conditions exist: 1) That the use is in keeping with the stated intent and purpose of the zone. Pursuant to Section 92.08.00,: The `P" zone is intended to provide for the development of a professional district with necessary related retail commercial uses and other compatible facilities" Convalescent Home uses, which are permitted by right in the P zone, provide professional care for persons with chronic illnesses and those who have difficulty caring for themselves. Similarly, the proposed Adult Dare Care Center is a professional use that provides supervisory, training and services on less than a 24 hour per day basis to individuals who are developmentally disabled and whose disability is likely to continue indefinitely. It is a use that is in keeping with the stated intent of the Professional zone. 2) That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located. The proposed Adult Day Care Center use is proposed at an existing facility at 1800 North Via Negocio. This facility is a multi -tenant commercial and has in the past been Planning Commission Resolution No. 6262 March 28, 2012 Case 10.472 Determination — Adult Day Care Center Use Page 2 of 2 occupied by child day care uses. The site is on a local street and is located behind (to the northeast) the Walgreens at the corner of Vista Chino Road and North Sunrise Way. The proposed adult day care center use would be compatible with other existing and permitted uses in the P zone. 3) That the subject use is similar to one (1) or more uses permitted in the zone within which it is proposed to be located. Pursuant to Palm Springs Zoning Code Section 92.08.00(A)(4), Convalescent homes are a by right permitted use in the P zone. A convalescent home is defined in the PSZC as follows: "Convalescent home" means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county of Riverside, which provides bed and ambulatory care for patients with post -operative convalescent chronic illness or dietary problems, and persons unable to care for themselves." Staff believes the adult day care center use is similar to that of a convalescent home except that the proposed adult day care would not provide overnight accommodation and may or may not provide post -operative care to its clients. 4) That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located. 0 There is no known evidence to conclude that the proposed use is likely to cause substantial injury to values of property in the "P" Zone. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby determines that an adult day care center use is similar to a convalescent home use and is therefore permitted within the "P" Zone. ADOPTED this 280' day of March 2012. AYES: 6, Roberts, Munger, Calerdine, Klatchko, Hudson and Chair Donenfeld NOES: None ABSENT: 1, Conrad ABSTAIN: None ATTEST: • • ervices CITY OF PALM SPRINGS, CALIFORNIA NJ