HomeMy WebLinkAboutRes No 2781PLANNING COMMISSION RESOLUTION NO.2781
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND
TENTATIVE PARCEL MAP TO CONVERT AN EXISTING FOUR
APARTMENT UNITS INTO FOUR CONDOMINIUM UNITS LOCATED AT
73305 AND 73315 ROYAL PALM DRIVE; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: CUP 20-0002/TPM 20-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of October 2020, hold a duly noticed public hearing to consider the request by
Lane Design Build 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 CEQA" Resolution No. 2019-41, in that the Director
of Community Development has determined that the project will not have a significant impact
on the environment and that the project is categorically exempt under Article 19, Section
15301(k) of the CEQA Guidelines; and
WHEREAS, at the 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 approval of said
request:
FINDINGS OF APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the site
is located.
The site is located within the Mixed Residential (R-2) zoning district. The purpose
of the R-2 zoning district is to allow residential development at densities between
three and 10 dwelling units per acre, which are characterized by a variety of
housing choices. Attached multi -family residential developments, such as
duplexes, and condominiums are permitted within the R-2 zoning designation. The
existing apartment buildings were constructed in 1966, and are well established
within the context of the existing neighborhood. Beyond establishing the potential
for change in the form of ownership of the existing units, the residential uses of the
site will remain unchanged. The proposed use is in accordance with the objectives
of the R-2 zone.
2. That the proposed location of the conditional use and the conditions under which
it would 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.
PLANNING COMMISSION RESOLUTION NO. 2781
The proposed condominium conversion does not alter the existing residential land
use, or increase the existing residential densities of the site. No enlargements,
height increases or additions are proposed to the existing on -site structure. The
existing uses and physical improvements would remain unchanged. Therefore, the
conditional use and condominium conversion will not be detrimental to public
health, safety, or welfare.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The interior building improvements comply with applicable development standards
for building setbacks and height restrictions and parking requirements. The rear
setback of the existing structure encroaches one foot into the 15-foot rear setback
required for the R-2 zoning designation. The rear setback encroachment is existing
and does not pose adverse impacts on neighboring land uses.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The subject site features a Small Town Neighborhood General Plan Land Use
Designation. This designation is intended to provide moderate density
neighborhood development that features a variety of housing choices while
preserving or enhancing the existing inventory of historic residences. The
proposed conversion enacts City Goal 5 of the General Plan Land Use element by
preserving and improving the existing housing stock, enabling further opportunities
of homeownership for Palm Desert residents, and supporting a mix of potential
housing types.
The Planning Commission and City Council shall not approve a Conditional Use Permit (CUP)
for a condominium conversion project unless it finds all of the following in accordance with
Section 25.34.050 (K) of the Palm Desert Municipal Code (PDMC):
1. That the condominium conversion project is consistent with the applicable findings
specified in Section 25.72.050 (CUPs).
The proposed condominium conversion project is consistent with applicable
findings for conditional use permits.
2. That the applicant does not seek to convert an apartment complex or development,
which received a certificate of occupancy for any unit located therein within the
preceding 12 months.
The existing apartment complex was originally constructed in 1966. A certificate of
occupancy has not been issued for any unit located in the complex within the
preceding 12 months.
3. That the average rental vacancy rate in apartment dwelling units within the City
during the 24 months preceding the filing of the application is equal to or greater
PLANNING COMMISSION RESOLUTION NO. 2781
than five percent (5%). Upon submission of the application, the City Manager or
designee shall obtain, at applicant's sole expense, a written study or report from
an objective, unbiased third party, which provides such studies and/or reports as
part of its ordinary course and scope of business on a statewide or nationwide
basis, which, in the reasonable opinion of the City Manager or designee, reflects
that the average rental vacancy rate in apartment units then available in the City
is five percent (5%) or higher. If the average rental vacancy rate in the City during
the 24 months preceding the filing of the application is less than 5 percent or if as
a result of the approval of said condominium conversion the vacancy rate would
be less than 5 percent, the condominium conversion project shall be denied unless
the Planning Commission/City Council determines that at least one of the following
overriding considerations exist:
i. Evidence has been submitted that at least 50 percent, plus one of the eligible
tenants have voted to recommend approval of the conversion.
ii. That the evidence presented to the Planning Commission/City Council as
part of the application for the project overwhelmingly complies with the
policies and intent of this chapter. Applicants shall be able to request that the
Planning Commission/City Council allow a condominium conversion project
to be considered for approval where the vacancy rate and/or tenant approval
percentage requirements of this section have not been met, but have been
substantially complied with.
This condominium conversion is exempt from these vacancy requirements as it
seeks to create four units in accordance with PDMC Section 25.34.050 (K) (4).
Findings must be made in order to support the proposed land division as required by Section
26.20.100, Planning Commission Action, of Title 26 Subdivisions, of the PDMC.
1. That the proposed map is consistent with applicable general and specific plans, as
amended.
The proposed Tentative Parcel Map (TPM) is consistent with the Small Town
Neighborhood General Plan Land Use Designation. This designation allows
moderate density residential development, and the proposed subdivision meets all
applicable standards with regard to a minimum lot area. There is no specific plan
for this development.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The site was previously developed to comply with City standards per the R-2
designation. The design of the proposed subdivision will not cause the existing site
development to become non -conforming with applicable development standards
of the R-2 zoning designation. There is no specific plan for this development.
3. That the site is physically suitable for the type of development.
PLANNING COMMISSION RESOLUTION NO. 2781
The lot has been previously developed with two residential buildings. The existing
site is adequate in size, topography, location, and other factors to accommodate
the proposed subdivision. Utilities, including water, electrical, sewer, and gas are
in place, and compatible with surrounding properties.
4. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantial and avoidable injury to fish,
wildlife, or their habitat.
The creation of an additional parcel will not cause substantial environmental
damage or injuries to fish or wildlife or their habitat since the site has been
previously developed. The creation of a new condominium subdivision at this site
does not create any significant new physical impacts on the environment.
5. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The proposal to create an additional parcel within will not create a physical change
to the existing site and will not cause public health problems. Each residential
condominium unit will have access to a public street, and the existing development
on each of these lots conforms to all applicable development standards. The lots
will not create serious public health problems, as utilities are available to support
the site, use of the properties for office and light industrial is compatible with the
surrounding properties.
6. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
The creation of a new parcel at this site will not impact any public easements as
part of the subdivision. No changes are proposed to the existing conforming
development.
7. That the design of the subdivision or the type of improvements will not restrict
solar access to the property.
The design of this subdivision and orientation of the lots will not impact solar
access to adjacent properties or the subject properties.
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
Planning Commission in this case.
2. That the Planning Commission does hereby approve Conditional Use Permit 20-
0002/TPM 20-0001, subject to the conditions of approval (attached).
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PLANNING COMMISSION RESOLUTION NO. 2781
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PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 201h day of October 2020, by the
following vote, to wit:
AYES: DE LUNA, GREGORY, HOLT, AND PRADETTO
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: NONE
ATTEST:
F m
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2781
CONDITIONS OF APPROVAL
CASE NOS. CUP 20-0002/TPM 20-0001
Department of Community Development:
The project site shall be subdivided and maintained in conformance with the approved
plans and exhibits on file with the City. Any variation from the approved plans must be
reviewed and approved by the Community Development Department prior to building
permit issuance and may require review and approval by the Planning Commission
and/or City Council.
2. All final documentation shall be coordinated for consistency. All such plans shall be
consistent with the approved entitlement plans on file with the Department of Community
Development.
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. Construction 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.
5. Any proposed modifications to this CUP shall require an amendment to the application,
which will result in a new public hearing.
6. 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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
8. The TPM shall be recorded within two years from the date of final approval unless an
extension of time is granted otherwise said parcel map approval shall become null, void,
and of no effect whatsoever.
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PLANNING COMMISSION RESOLUTION NO. 2781
9. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on -site
during project construction.
10. The Applicant must provide the written notice of the exclusive right to purchase required
by Gov. Code 66427.1(a) (2) (F) to each tenant of the proposed condominium project.
11. The Applicant shall provide relocation assistance plan to be received and filed by the
Department of Community Development describing relocation and moving assistance to
each tenant to each eligible tenant for location to alternative housing. The plan shall
include a detailed report describing the relocation and moving assistance information to
be given to each tenant. The report shall state in detail what assistance will be provided
for special category tenants.
12. The Applicant shall provide payment of a relocation fee to each eligible tenant who does
not choose to purchase a condominium unit. The payment shall be a one-time lump sum
cash payment of at least $1,500 in 2006 (calendar year), escalated annually by the
Consumer Price Index for Los Angeles -Riverside -Orange County. An otherwise eligible
tenant is not entitled to a relocation fee pursuant to this condition if the tenant has been
evicted for just cause. In addition, a cash payment of actual deposit costs shall be made
to each eligible tenant who does not choose to stay for utility deposits and hook-up costs.
The relocation assistance payments referenced herein shall be paid at the time the
tenant vacates the unit.
A. In the case of eligible tenants who are also special category tenants as defined
herein, the applicant shall provide to the displaced special category tenant, in
addition to the relocation fee specified in subsection (A)(2) of this section, a
one-time lump sum payment not to exceed a total of $1,000 in 2006, escalated
annually by the Consumer Price Index for Los Angeles -Riverside -Orange
County, of the first month's rent in the alternative housing, if required upon
moving in, and the transfer to the new complex of all key, utility, and pet
deposits to which the special category tenant is entitled upon vacating the unit.
The relocation assistance payments referenced herein shall be paid at the time
the tenant vacates the unit.
13. The Applicant shall, at Applicant's cost, provide each buyer with a housing inspection
report prepared by an architect or structural engineer licensed by the State of
California and in good standing with the California Architects Board or the Board for
Professional Engineers and Land Surveyors, respectively. Said housing inspection
report shall detail the structural condition and use life of all elements of the property,
including but not limited to foundations, roofs, electricity, plumbing, utilities, walls,
ceilings, windows, frames, recreational facilities, sound transmissions of each building,
mechanical equipment, parking facilities, and drainage facilities. Such report also shall
describe the condition of refuse disposal facilities, swimming pools, saunas, fountains,
stone and brickwork,; and fireplaces, exterior lighting, appliances, mechanical
equipment for heating and cooling, interior and exterior paint, and/or stucco.
PLANNING COMMISSION RESOLUTION NO. 2781
Department of Public Works
Prior to the approval of the TPM:
14. The TPM shall be submitted to the Director of Public Works for review and approval.
15. Horizontal control requirements shall apply to this map, including state plane coordinates,
which shall conform to City of Palm Desert specifications.
END OF CONDITIONS
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