HomeMy WebLinkAboutCC RES 2015-10RESOLUTION NO. 2015- 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A LARGE FAMILY DAY CARE USE
PERMIT FOR A MAXIMUM OF 14 CHILDREN LOCATED AT 74-085
FAIRWAY DRIVE, SUBJECT TO THE CONDITIONS ATTACHED
CASE NO: LARGE FAMILY DAY CARE USE PERMIT 14-188
WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 22nd day
of January , 2015, 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 City Council 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMING, AND ORDER AS
FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for
approval of the City Council in this case.
RESOLUTION NO. 2015- io
2. That the City Council does hereby approve Large Family Day Care Use Permit 14-
188.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of February
2015 by the following vote, to wit:
AYES: JONATHAN, TANNER, and WEBER
NOES: HARNIK and SPIEGEL
ABSENT: NONE
ABSTAIN: NONE
Susan Marie Weber, Mayor
ATTEST:
RAC1ELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 2015- 10
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. 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.
3. The day care staff and children shall not impede traffic and the staff shall insure all
Califomia Vehicle Code rules, regulations, and laws are obeyed.
4. Applicant shall coordinate parent pick-up and drop-off of children such that no more
than four vehicles arrive at or depart from the Large Family Day Care home within
any 20-minute period.
5. 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.
6. The day care shall comply with the noise standards of Palm Desert Municipal Code
Chapter 9.24, Noise Control.
7. 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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