HomeMy WebLinkAboutRes No 818PLANNING COMMISSION RESOLUTION NO. 818
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING
AN AMENDMENT TO A CONDITIONAL USE PERMIT NO.
14-78 AND REJECTING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT ALLOWING EXPANSION TO
A PRESCHOOL.
CASE NO. CUP 14-78 (AMENDMENT)
WHEREAS, the Planning Commission of the city of Palm Desert, California, did on
the 5th day of October, 1982, hold a duly noticed public hearing to consider a request by
H. FRANK OLIVER (THE LEARNING TREE CENTER) for approval of an amendment to a
Conditional Use Permit and Negative Declaration of Environmental Impact to allow an
expansion to a preschool in the R-3 (9) and R-1 zone on property located at the northwest
corner of Alessandro Drive and Cabrillo Avenue, more particularly described as:
APN 625-082-020 - 023
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has recommended
that the project will not have a significant adverse impact on the environment and a
Negative Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to warrant denial of said Conditional Use Permit:
1. The proposed location of the requested expansion is not in accord with the
objectives of the zoning ordinance and the purpose of the district in which
the site is located in that
a) The expansion would increase the size of the existing facility into the
single family residential zone to a point where it could not be
compatible with existing uses.
b) The predominant users of the existing and expanded facility are not
located in the single family area which would be impacted by the
proposed expansion.
2. The proposed location of the conditional use and the conditions under which
it will be operated and maintained will be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity in that
a) The age group anticipated to utilize the expanded facility will
increase noise levels to a point where the adjacent residences would
be adversely impacted.
b) Expansion of the facility into the R-1 zone will result in additional
traffic above that generally associated with single family
development and which should not be encouraged in this particular
area.
3. The proposed conditional use will not be compatible with the surrounding
residential land uses in that
a) The expansion can not be conditioned to adequately address the
concerns and objections raised by adjourning residents.
b) The benefits which could be derived by the proposed expansion would
only indirectly benefit the community and are outweighed by the
potential adverse impacts on existing single family developments.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the city of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
PLANNING COMMISSION RESOLUTION NO. 818
2. That approval of Conditional Use Permit 14-78 (Amendment) is hereby
denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of October, 1982, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RA ON A. DIAZ,-5
/1r
CRITES, DOWNS, KRYDER, RICHARDS, WOOD
NONE
NONE
NONE
RALPH WOOD, Chairman