HomeMy WebLinkAboutRes No 2636PLANNING COMMISSION RESOLUTION NO. 2636
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN APPEAL OF A
DECISION BY THE ZONING ADMINISTRATOR TO DENY A LARGE
FAMILY DAY CARE USE PERMIT FOR A MAXIMUM OF 14 CHILDREN
LOCATED AT 74-085 FAIRWAY DRIVE
CASE NO: LARGE FAMILY DAY CARE USE PERMIT 14-188
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of September 2014, hold a duly noticed public hearing to consider the request
by the Samantha Clark, Applicant, for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. The City of Palm Desert (City), in its
capacity as the lead Agency has determined that the Large Family Day Care Use
Permit is not subject to CEQA. The application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2014-41, in the Director of Community Development has determined
that the proposed project is a Class 1: Existing Facilities (15301) Categorical Exemption
for purposes of CEQA and no further review 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, which are outlined in the staff
report reasons to approve the said request:
1. Based on the conditions of the permit, the Large Family Day Care home was
found to be in compliance with the City's Zoning Ordinance and state law.
2. As conditioned, the Large Family Day Care home will not be materially
injurious to the properties or improvements in the vicinity.
3. As conditioned, the Large Family Day Care home will not unreasonably
interfere with the use and enjoyment of the property in the vicinity by the
occupants thereof for lawful purposes.
4. The Large Family Day Care home will not endanger the public peace, health,
safety, or general welfare.
PLANNING COMMISSION RESOLUTION NO. 2636
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve Large Family Day Care
Use Permit 14-188.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 16th day of September
2014, by the following vote, to wit:
AYES: CAMPBELL, DASH, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE
RO R DASH, CHAIRPERSON
ATTEST:
z
LAURI AYLAIAN, SECRETARY '--�
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2636
CONDITIONS OF APPROVAL
CASE NO: LARGE FAMILY DAY CARE USE PERMIT 14-188
Department of Community Development:
1. The development of the property shall conform substantially with the exhibit on file with
the Department of Community Development, as modified by the following conditions.
2. Operation of said project shall commence within one (1) 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. The days and hours of operation of the proposed Large Family Day Care home shall
be Monday through Friday, 3:00 p.m. to 5:30 p.m. during the school year months of
September through June. The applicant shall not provide day care services when
Washington Charter School is closed for summer break.
5. The applicant shall drive the 14 children to the day care home from Washington
Charter School or Hope Lutheran Church. The day care staff shall not cross the
children midblock on Fairway Drive, or stop traffic on any street as prohibited by Palm
Desert Municipal Code Section 10.16.020, Direction by unofficial persons.
6. The applicant shall demonstrate legal authority and control of the property before the
business license is approved, and before the applicant can operate the day care as a
Large Family Day Care home.
7. The day care shall comply with the noise standards of Palm Desert Municipal Code
Chapter 9.24, Noise Control.
8. The operator of the Large Family Day Care Use Permit shall comply with all the
standards and requirements of Palm Desert Municipal Code Section 25.64.020.
Upon determination that the permit has not complied with all of the standards and
requirements of Section 25.64.020, the Zoning Administrator may require the use
permit to be reviewed by the Planning Commission at a public hearing. A noticed
public hearing to review the permit is mandatory when the City receives six (6)
substantiated complaints alleging violations of Section 25.64.020. If the Planning
Commission determines that the operator has failed in a material way to comply with
all of the standards and requirements, then the Planning Commission may suspend
or revoke the permit or may, in its discretion, impose additional reasonable
standards and requirements consistent with State law, based on findings derived
from testimony and evidence presented at the public hearing.
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