HomeMy WebLinkAboutRes No 2261PLANNING COMMISSION RESOLUTION NO. 2261
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW A ONE HALF
ACRE VACANT LOT PLANTED WITH GRASS TO BE USED
AS A PLAYGROUND BY CHILDREN ENROLLED IN AN
AFTER -SCHOOL TUTORING AND HOMEWORK CLUB AT
ST. JOHN'S LUTHERAN CHURCH. THE PROJECT SITE IS
LOCATED AT 42-695 WASHINGTON STREET.
CASE NO. CUP 03-12
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of December 2003, 20th day of January 2004, and 20th day of April 2004 hold duly
noticed public hearings to a consider a request by LISA STINSON for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution No.
02-60," in that the Director of Community Development has determined that the proposed project
is a Class 1 categorical exemption per Section 15301 (Existing Facilities) of CEQA Guidelines
and no further documentation is necessary; 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 granting approval of said conditional use
permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. That 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 it
is located.
• The proposed use is allowed in the RE 40,000 zone with approval
of a conditional use permit by the Planning Commission.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
• The proposed playground as conditioned will be compatible with
the surrounding businesses and will not be detrimental to the
general public health, safety and welfare or materially injurious to
the properties in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2261
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
• The conditional use permit as conditioned will comply with the
zoning requirements for that district.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
• The proposed business use is compatible with other surrounding
uses and meets all of the City's goals, objectives and policies of the
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 03-12 is hereby granted for
reasons subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 2004, by the following vote, to wit:
AYES: FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, TSCHOPP
ABSTAIN: NONE
ATTEST:
PHILIP DRELL\Secretary
Palm Desert Planning Commission
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SABBY JO�IATH�airperson
PLANNING COMMISSION RESOLUTION NO. 2261
CONDITIONS OF APPROVAL
CASE NO. CUP 03-12
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. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may be
in force.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Planning Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building
permit for the use contemplated herewith.
5. To mitigate noise impacts to residents on the adjacent property to the east and to
reduce the possibility of balls being accidentally tossed over the six-foot high block
wall along the site's easterly property line, the applicant shall restrict use of the
playground by children to the westerly 107' of the 157'-wide project site.
Additionally, when the site is used as a playground, the applicant shall place 42"-
high stanchions at a 50-foot setback distance from the easterly property line of the
project site commencing at the southerly property line of the project site and
continuing north for a total distance of 100 feet.
6. Operating hours for the site as a playground shall be Monday thru Thursday,
4:30 p.m. to 5:15 p.m. and an adult shall supervise the children.
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PLANNING COMMISSION RESOLUTION NO. 2261
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7. Hidden River Road is considered a fire lane by the Fire Marshal, and therefore,
no parking shall be allowed on Hidden River Road.
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