HomeMy WebLinkAboutRes No 1638PLANNING COMMISSION RESOLUTION NO. 1638
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT TO
ALLOW OPERATION OF A CHILDREN'S DAY CARE
CENTER FOR SERVICE UP TO 30 CHILDREN AT
74-015 ASTER DRIVE IN THE R-1 9,000
ZONE.
CASE NO. CUP 93-10
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 1st day of February, 1994, hold a duly noticed
public hearing to consider the request of DANA AND MELISSA CARNES for
a conditional use permit to allow operation of a children's day care
center for service up to 30 children at 74-015 Aster Drive in the R-1
9,000 zone; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89," in that the director
of community development has determined that the project is a class 3
categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said planning commission did find the following facts and
reasons to exist to justify the granting of said conditional use
permit:
1. The proposed location of the conditional use is in accord
with the objectives of the zoning ordinance and the purpose
of the district in which the site is located.
2. The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
4. The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted general plan.
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.
2. That approval of Conditional Use Permit 93-10 is hereby
granted for reasons subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1638
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 1st day of February, 1994, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RAMON A. DIAZ, Sec ary
Palm Desert PlannCommission
ROBERT A. SPIEGEL/ c i[[an
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PLANNING COMMISSION RESOLUTION NO. 1638
CONDITIONS OF APPROVAL
CASE NO. CUP 93-10
Department of Community Development/Planning:
1. Noise control. Operation of the facility shall comply with all
provisions of Chapter 9.24 of the Municipal Code relating to noise
control.
2. Hours of operation. Large family day care homes shall operate
only between the hours of 6:00 a.m. and 7:00 p.m., Monday through
Friday. No outdoor play is allowed before 9:00 a.m. or after 5:30
p m
3. State licensing. All appropriate licensing from the State
Department of Social Services shall be obtained prior to
commencing operation of any large family day care home in the
City.
4. Building and Fire Code Compliance. Consistent with Section
1597.46 of the Health & Safety Code, the proposed family day care
home must comply with all building and fire code provisions
applicable to single-family residences, and with such additional
standards as the State Fire Marshal from time to time adopt
pursuant to Section 1597.46(d) of the Health and Safety Code to
promote the fire and life safety of children in family day care
homes. (See Title 22 of the California Code of Regulations.) No
application shall be approved unless and until the City's building
inspector and fire marshal, or their designees, have first
inspected the premises and approved that the home does comply with
the foregoing building and fire code provisions.
5. Smoking Restricted. Consistent with Section 1596.795 of the
Health and Safety Code, smoking of tobacco and other substances --
whether in pipe, cigar, or cigarette form --shall not be allowed in
the applicant's home during its hours of operation as a large
family day care home with respect to those areas of the home where
children are present.
6. A maximum of 30 children ranging in age from three to six shall be
allowed.
7. The day care facility shall be reviewed in six months by staff.
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