HomeMy WebLinkAboutRes No 2254PLANNING COMMISSION RESOLUTION NO. 2254
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE A PRESCHOOL FACILITY AT THE PALM
DESERT COUNTRY CLUB ASSOCIATION BUILDING AND
REVOKING CUP 03-18 FOR THE ONE -PERSON MASSAGE
BUSINESS OPERATED BY AMBER SCHWAN LOCATED AT 77-800
CALIFORNIA AVENUE.
CASE NO. CUP 03-26:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of March, 2004, hold a duly noticed public hearing to consider the request
by the PALM DESERT COUNTRY CLUB ASSOCIATION for approval of the above
noted; 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. 02-60, in that the Director of Community Development has determined
that the project is Statutory Exempt; 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 approval of the
said request:
1. That the proposed location of the preschool facility is in accord with the
objectives of the City's Zoning Ordinance.
2. That approval of the proposed preschool facility will conflict with the
existing conditional use permit for the one -person massage business,
therefore CUP 03-18 must be revoked.
3. That the proposed preschool facility 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 in the
area.
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 03-26 is hereby granted, subject to
conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2254
3. That Conditional Use Permit 03-18 is hereby revoked only upon execution
of Conditional Use Permit 03-26.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16`h day of March, 2004, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
n
/U.-1EL
PHILIP DRELL,15ecretary
Palm Desert Planning Commission
Ate, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2254
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CONDITIONS OF APPROVAL
CASE NO. CUP 03-26
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Operation of the facility shall comply with all provisions of Chapter 9.24 of the
Municipal Code relating to noise control.
3. The hours of operation shall be between the hours of 8:00 A.M. to 3:00 P.M.,
Monday through Friday.
4. All appropriate licensing from the State Department of Social Services shall be
obtained prior to commencing operation of any day nursery or preschool facility
in the City.
5. For the purpose of this application, the maximum number of children shall be 48
and the maximum number of employees shall be 12.
6. All teachers and employees shall park in the 41-parking space lot adjacent to
Joe Mann Park.
7. Any proposed change of this conditional use permit will require an amendment,
which will result in a new public hearing.
8. Revocation of CUP 03-18 will only take place upon execution of CUP 03-26.
9. If traffic on Michigan becomes a problem, applicant shall implement appropriate
mitigation measures as approved by the Department of Community
Development.
10. Applicant shall post school zone signs. Size, type and location to be approved by
the Department of Public Works.
Department of Public Works:
1. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance.
2. The new driveway shall preceded by the approval of plans and the issuance of
firmvalid encroachment permits by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2254
Riverside County Fire Department:
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1. Applicant shall contact the Fire Marshall for inspection of existing buildings.
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