HomeMy WebLinkAboutAdministrative Use Permit AUP 19-0001 - 77630 Deleware Pl - GerhardtCITY COUNCIL STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: April 11, 2019
PREPARED BY: Nick Melloni, Assistant Planner
REQUEST: Review of Planning Commission Resolution No. 2754 for Administrative
Use Permit 19-0001 to allow a stable for up to three (3) horses on a
residential estate property located at 77-630 Delaware Place.
Recommendation
Waive further reading and adopt City Council Resolution No. 2019-16 reaffirming the
Planning Commission's decision to uphold the Zoning Administrator's approval of
Administrative Use Permit 19-0001.
Planning Commission Action
At its regular meeting of March 5, 2019, the Planning Commission considered an appeal of
Administrative Use Permit (AUP) 19-0001. During the public hearing, 10 residents spoke in
opposition to the proximity of the stables to their homes. The residents expressed concerns over
odor, dust, view impacts, and vermin. Upon hearing all testimony, the Planning Commission
upheld the AUP approval in a 4-0 vote with Chair Gregory absent. The Planning Commission
found that the application complied with all applicable zoning requirements, and supported the
Zoning Administrator's findings of approval without modification.
Strategic Plan
The request for review does not implement any specific goals of the Strategic Plan.
Executive Summary
Marc and Jenny Gerhardt (collectively referred to as "owners") received approval of an AUP
to stable two horses (with an allowance for one additional pony) on their Residential Estate
property. The AUP was appealed to the Planning Commission by Dr. Jeff Suderman. The
Planning Commission denied the appeal, thereby approving the AUP. A City Council request
for review was filed by Mayor Susan Marie Weber to determine if the decision is consistent with
the goals and policies established by the City and the requirements of the Palm Desert Zoning
Ordinance.
Approval of staff's recommendation will reaffirm the Planning Commission's action, thereby
finding the AUP consistent with the City Zoning Ordinance. The project complies with all
applicable zoning requirements as summarized in the Project Analysis section of this report.
April 11, 2019 — City Council Staff Report
Case No. AUP 19-0001 — Delaware Horse Stable Request for Review
Page 2 of 4
Background Analvsis
A. Property Description
The project site is a 1.01-acre property at 77-630 located on the north side of Delaware
Place, generally between Warner Trail and Washington Street. A 3,709-square-foot
single-family residence is currently under construction on the property. The neighboring
properties to the east, west, and south are one -acre residential properties. The properties
to the north are low -density single-family properties with an average lot size of
approximately 7,500 square feet. Much of the development in the area was completed
prior to City annexation in 1994.
B. Zoning and General Plan Designation
Zone: Residential Estate (R-E)
General Plan: Rural Neighborhood
C. Adjacent Zoning and Land Use
North: Residential Single -Family (R-1)/Single-family homes (Minimum 7,200-
square foot lots).
South: Residential Estate (R-E)/Single-family home
East: Residential Estate (R-E)/Single-family home
West: Residential Estate (R-E)/Single-family home
Proiect Description
The project is a request by the owners to stable two horses on the property at 77-630
Delaware Place. The horses will be kept in a 408-square-foot shelter and an attached 1,360-
square-foot open corral. The enclosures are located in the rear yard of the property, setback
50 feet from the western and eastern property lines and 100 feet from the northern property
line. An existing five- to six-foot concrete masonry unit (CMU) block wall is located along the
northern and western property lines. The owners will infill an open portion of the eastern
property line with a new six-foot CMU block wall in conjunction with construction of the
residence. The horse enclosures will be constructed after the residence is complete.
Project Analvsis
Table 25.10-1: "Use Matrix for Residential Districts" of the Palm Desert Municipal Code
(PDMC) lists permitted, conditionally permitted, and prohibited land uses for the R-E zoning
districts. The Zoning Administrator may approve private stables in the R-E zone with an AUP,
subject to PDMC Section 25.64.040. PDMC Section 25.10.040 (E) lists specific use standards
for horse stables, which include setbacks for separation from neighboring properties and
habitable structures, minimum enclosure area standards, and requires conditions of approval
for operational standards to ensure the keeping of horses do not pose a public nuisance or
health issue.
April 11, 2019 — City Council Staff Report
Case No. AUP 19-0001 — Delaware Horse Stable Request for Review
Page 3 of 4
Planning staff and the Zoning Administrator reviewed the project for compliance with these
requirements and drafted conditions and approval. The findings for approval and conditions
of approval are attached to this report. Table 1, shown below, summarizes project
conformance with the development standards of the PDMC. The Zoning Administrator's and
Planning Commission's approval includes conditions for dust generation (Condition of
Approval No. 9), waste cleanup, storage, and disposal (Condition of Approval No. 10). These
conditions, paired with large setbacks, are intended to mitigate the adverse impacts of odor
and dust.
Table 1: Project Summary
Standard
Ordinance
Project
Conformance
Determination
Min. Lot Size
40,000 sf
43,995 sf
Yes
Max Number of Horses
2 Adult, 1 Pony (3
2 Adult
Yes
Corral Size
288 sf/horse
680 sf/horse
Yes
Stable Size
144 sf/horse
204 sf/horse
Yes
Setback from Habitable
Structure
35 feet
38 feet min.
Yes
Setback from Neighboring
50 feet
130 feet min.
Yes
Habitable Structure
Setback from Non-R-E
100 feet
100 feet
Yes
Property (R-1)
Public Input
The Zoning Administrator sent out a 15-day Notice of Decision to Approve the AUP on
January 30, 2019, to property owners within 300 feet of the project site. City staff mailed a
total of 35 letters to residents. By the end of the notice period on February 14, 2019, staff
received six opposition letters and one appeal application with signatures of 22 residents from
13 properties. Sixteen signatures were from nine properties within the noticed area, and the
remaining signatures are from four properties outside the noticed area. All opposition letters
are from residents of the R-1 neighborhood directly north of the project. Copies of these letters
are included with this staff report.
A public notice for the appeal to the Planning Commission was posted in The Desert Sun and
mailed to residents on February 22, 2019. The appeal appeared before the Planning
Commission on March 5, 2019; a copy of the draft minutes of this meeting are included with
this staff report.
A public notice for the request for review to the City Council was posted in The Desert Sun
and mailed out to residents on March 29, 2019.
April 11, 2019 — City Council Staff Report
Case No. AUP 19-0001 — Delaware Horse Stable Request for Review
Page 4 of 4
Environmental Review
For the purposes of CEQA, the Director of Community Development has determined that the
proposed project request is categorically exempt under Article 19 Section 15303 — New
Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines. The
proposed project is consistent with the City's General Plan and Zoning Ordinance; the
proposed project involves the construction of an accessory structure; the project site has
been previously disturbed and has no value as habitat for endangered, rare, or threatened
species; the proposed project will not have any significant effects upon the environment; and
the site can adequately be served by all required utilities and public services. Therefore,
based on the above findings, staff recommended that the Planning Commission adopt a
Categorical Exemption for the proposed project.
Recommendation
Staff recommends the City Council reaffirm the Planning Commission's action to uphold the
Zoning Administrator's decision to approve the project. Findings in support of this project are
contained in the Draft City Resolution attached to this staff report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
APPLICANT:
r w.
aves Ryan Stendell Janet Moore Lauri Aylaian
Director of Community Director of Finance City Manager
Development
Marc and Jenny Gerhardt
28975 Desert Moon Drive,
Thousand Palms, California 92276
ATTACHMENTS: 1. Draft City Council Resolution
2. Planning Commission Resolution No. 2754
3. Notice of Exemption
4. Legal Notice
5. Draft Planning Commission Minutes of March 5, 2019
6. Zoning Administrator Notice of Decision to Approve
7. Appeal Application and Resident Letters
8. Exhibits
e
DECISION OF THE
(Name of Determining Body)
Case No. Aoe
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FOR OFFICIAL USE ONLY
Date Filed: '--t''7 Received by:
Date of Consideration by City Council:
Action Taken:
Date:
Rachelle D. Klassen, City Clerk
H:lrklas"ntWPdatalWPDOCSIFORMSIcncl req for rev.wpd &21l03
Stanley, Jane
From: Jeff Suderman <jeff@jeffsuderman.com>
Sent: Monday, March 18, 2019 4:57 PM
To: weber
Subject: Request for Review - AUP-0001
Attachments: Mimecast Attachment Protection Instructions; City of Palm Desert City Council Request
for Review - AUP-0001 (Suderman 3.18.2019).pdf
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Mayor Weber,
Attached is a formal Request for Review of a City of Palm Desert matter.
I look forward to your attention to this. Don't hesitate to contact me if you have any questions.
Thank you for your work on behalf of our fine city,
Jeff Suderman
(951) 435-9863
DR..JEFF SUDERMAN I SUDERMAN
CEO a PRESIDENT SOLUTIONS
www.jeftuderman.com I jefffjeffeuderman.com 1 861.435.9863
1
March 18, 2019
City of Palm Desert
City Council Members
Dear City Council Members,
Two weeks ago, I had the privilege of taking potential clients from Seattle to golf and lunch at one of our
beautiful city destinations — the Desert Willow Golf Resort. This resort is truly a gem and they were
amazed at the quality of our city course and our restaurant. As I stood on the first t-box enjoying the
view, I realized, "The City of Palm Desert would never allow horses to be stabled within 100 feet of this
spot". The reasons are obvious.
Yet recently, Palm Desert city staff and the Land Use Commission have made a decision that places
horses within 100 feet of many backyards and pools or residents (myself included). Both city staff and
the Land Use Commission have rationalized this as a simple bureaucratic decision which followed the
rules. Following the rules (doing things right) is the quality of a manager. However, to date, no one on
either of these two administrative bodies has asked if placing horses close to residences is 'the right
thing'. Asking the question, "is this the right thing?", is the hallmark of a leader. This letter is a request of
our city council to move beyond legacy city code and act in the interest of all her citizens. I am hopeful
the City of Palm Desert's civic leaders will choose to lead on behalf of all its citizens in this matter — what
is the right thing for Palm Desert?
Placing horses in a city like Palm Desert is far from a simple decision. In fact, this is a largely precedent
setting and needs careful consideration by our city's public servants — public servants who serve the
interests of all taxpayers. Therefore, this letter is to request a review of a decision made by both City of
Palm Desert staff and the Land Use Commission (AUP 19-0001). Both myself and many in our
neighborhood believe this issue needs a thorough review by city council for several reasons:
1. Process errors by the City of Palm Desert staff.
2. Process errors by the City of Palm Desert Land Use Commission.
3. Gaps in the City of Palm Desert land use approval process.
4. Negligence in updating City of Palm Desert land use bylaws.
The appendix of this letter will provide more detail about these concerns (pages 2-4).
Finally, I want to remind you that this letter is on behalf of many neighbors that are impacted by this
decision. An unusually large number of concerned citizens attended the Land Use Commission meeting
on March 5 (about 25). Many citizens of our fine city are concerned about this matter and we look
forward to changes which will improve the welfare of all citizens.
Sincerely,
X�&-L _
Jeff Suderman
77669 Edinborough Street, Palm Desert 1 (951) 435-9863 1 jeffsuderman@hotmail.com
p 1 AUP 19-0001 — City Council Request to Review (Suderman)
Appendix
1. Process errors by the City of Palm Desert staff.
a. The initial letter of appeal (Jan. 30) had an incorrect email address.
b. There was a six -day gap in response to my initial email expressing concern about this matter
from city staff member (despite repeated emails).
c. During personal calls with city staff (Mr. Melloni and Mr. Ceja) clearly communicated that
there was not much point in appealing this decision. Multiple neighbors were told this same
thing and when I canvased our neighborhood to see if others wanted to join an appeal, I
discovered no one was going to appeal this decision because city staff inferred there was
not much point. This process created a strong lack of trust between our citizens and city
staff. There is no point having policy which allows an appeal process if citizens are told there
is not much point in appealing.
d. Discussions with city staff repeatedly communicated a lack of advocacy on behalf of
concerned appellant citizens. Instead, there was a regular defense of decision. The language
and tone I experienced made me feel like my call and concerns were bothersome and that
an appeal only created unnecessary work. It was clear they were acting as an advocate for
the city, the other landowner but not for appellants.
e. After providing a three -minute overview of this appeal at the February 14 City Council
meeting, Mayor Weber informed me that the City Manager would follow-up with me. This
did not occur.
2. Process errors by the City of Palm Desert Land Use Commission.
a. No information was provided to citizens about the process of the appeal. As citizens, we do
not understand how our government works. For example, I learned at the event that other
citizens could give me their three -minute time allocation. I was not prepared for this and
would have benefited from some basic knowledge about the process. This created an unfair
appeal process.
b. The process was chaired with bias. Initially, both the landowner and concerned citizens
(appellants) were all given 3 minutes before the Commission discussed the issue. After this,
the Land Commission debated and asked questions. Then, the land owner was provided an
additional opportunity to respond to information shared/learned to that point in the
meeting. The appellants were not given this same time for response (as the lead appellant, I
expected to also have 3 minutes for concluding comments). The Land Use Commission
rendered a final decision prior to fair and complete discussion of the issue due to an
imbalanced process.
c. During the Land Use Commission discussion, most of the appellant issues were not
discussed (or were inadequately discussed):
I. Odor —The suggested way to deal with odor (beyond requiring regular clean-up)
was to install bushes. This is grossly inadequate.
II. Flies —This was never addressed (unless it is assumed that bushes will eliminate
flies).
III. Property value decrease (materially injurious)- This was never addressed.
IV. Allergy concerns - This was never addressed.
p 2 AUP 19-0001 — City Council Request to Review (Suderman)
V. Aesthetically detrimental - This was never addressed (nor was it addressed in a
similar case in this neighborhood about 2 years ago - 77700 Delaware Place — see
below for further details).
VI. Detrimental to public interest - This was never addressed except from the position
of the landowner who requested this.
VII. Precedent setting — The two bodies who have reviewed this thus far have
repeatedly validated the rights of the property owner and have neglected asking if
this fits into the master plan on the City of Palm Desert.
d. There has been no follow-up about this decision from the Land Use Commission to me, the
lead appellant. Since there is only 15 days by which to send this matter for review to City
Council, this is yet another roadblock.
3. Gaps in the City of Palm Desert land use approval process.
a. A 14-day window for appeal is too short. I was personally away for personal reasons for the
first week of the initial letter was sent (Jan. 30). It took several more days to get details from
the city due to delays (see points la and 1b). Many neighbors are part-time and travel. More
time is needed to mount an appeal with due diligence, especially when it is so unusual in
nature.
b. The heavy Sherriff presence during the proceedings was quietly adversarial. I was surprised
and alarmed to discover a Sherriff rapidly approaching me as I spoke with Mr. Joe Pradetto
at the dais (due to a misunderstanding of protocol and miscommunication about a recess).
c. Legal council on behalf of the city is paid for by all Palm Desert Citizens. In other words, you
are using our money against us. Furthermore, similar to Sherriff presence, the presence of a
city legal representative is intimidating and a display of power by the city against its own
citizens. This has led to feelings of powerlessness and an adversarial climate.
d. Any process which pits neighbors against each other in an appeal process is designed to be
win/lose. Ergo, the current land use approval process is broken and in need of review,
specifically in non-traditional cases (horses are highly unusual in our city).
4. Negligence in updating city land use bylaws.
a. Palm Desert has legacy bylaws that do not fit the current makeup of our city (points 1 and 2
in the initial city letter of decision rationale). These by-laws were inherited from Riverside
County when this area was incorporated. Palm Desert is not a horse city. Since this zoning
decision, this estate region is now surrounded by high and mid -density housing. This legacy
by-law no longer fits the character nor the long-term vision of Palm Desert. Only following
'the letter of the law' is negligent, especially given the following point.
b. This is the second time in two years (to the best of my knowledge) that zoning in this
neighborhood has been of concern to citizens. A monstrous shop was built about 18 months
ago (77700 Delaware Place) that negatively impacted several area residents. Citizens who
expressed concern to the city at this time received the same type of city response ("there's
not much you can do so live with it") and did not appeal. The fact that a zoning review did
not occur after this decision reveals negligence. I would be surprised if city council was even
made aware of this matter.
c. Local realtors have informed me that key selling points of this current zoning are the ability
to host livestock, build business shops and rent properties for Coachella festivals (it is my
understanding that these properties are exempt from the ban on short-term housing
P 3 AUP 19-0001 — City Council Request to Review (Suderrnan)
rentals). Is this how the city wants this land used? What is 'the right thing?' for all citizens in
Palm Desert?
p 4 AUP 19-0001— City Council Request to Review (Suclerman)
Klassen, Rachelle
From: Klassen, Rachelle
Sent: Wednesday, March 20, 2019 12:11 PM
To: Stendell, Ryan; Ceja, Eric; Swartz, Kevin
Cc: O'Reilly, Monica
Subject: City Council Request for Review - AUP 19-0001
Attachments: CC-Req-for-Rev-AUP-I9-0001.pdf
Attached is the subject City Council Request for Review. Please let me know if I can be of any further assistance to you
in this matter.
Rachelle Klassen
.. z,.,.City Clerk
Ph:760.346.0611 Direct:760.776.6304
rklassenCacityofpalmdesert.org
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CITY COUNCIL RESOLUTION NO. 2019-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPHOLDING PLANNING COMMISSION RESOLUTION NO.
2754, APPROVING AN ADMINISTRATIVE USE PERMIT TO CONSTRUCT A
HORSE SHELTER TO STABLE UP TO THREE HORSES ON A RESIDENTIAL
ESTATE PROPERTY AT 77-630 DELAWARE PLACE; AND ADOPTION A
NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: AUP 19-0001
WHEREAS, the Zoning Administrator of the City of Palm Desert, California, did on the
301h day of January 2019, issue a Notice of Decision to Approve Case No. Administrative Use
Permit (AUP) 19-0001 to allow a private stable for up to three horses at 77-630 Delaware
Place subject to conditions and a 15-day appeal period; and
WHEREAS, on the 141h day of February 2019, Dr. Jeff Suderman, filed a timely appeal
objecting to the Zoning Administrator's decision to approve AUP 19-0001; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 51h day of March 2019, after hearing all testimony at the public hearing did adopt
Resolution No. 2754 denying the appeal, thereby upholding the Zoning Administrator's
decision; and
WHEREAS, on the 201h day of March 2019, Mayor Susan Marie Weber filed a request
for City Council Review of the Planning Commission's decision regarding AUP 19-0001; and
WHEREAS, in hearing testimony from all parties wishing to be heard, the City Council
did adopt this resolution affirming Planning Commission Resolution No. 2754 approving a
horse shelter to stable up to three horses, at the above -noted address; and
WHEREAS, the parcel is located in the Residential Estate (RE) zoning district, which
allows "Private Stables" as a permitted use subject to the approval of an AUP; 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. 2015-75, 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 15303 — New Construction or Conversion of Small
Structures (Class 3) of the CEQA Guidelines; and
FINDINGS OF APPROVAL:
The proposed use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code, Municipal Code, General Plan, and
any applicable specific plans or City regulations/standards.
Private stables are allowed within the RE zoning district and qualify for approval
through an Administrative Use Permit. The keeping of horses is recreational in nature
and accessory to the proposed residence at the property. The proposed use complies
CITY COUNCIL RESOLUTION NO. 2019-16
with all applicable provisions of the Zoning Code in regard to odor mitigation,
screening, and land use compatibility with neighboring residences. The proposed use
supports Health and Wellness Element Goal 3, Policy 3.4 which encourages animal
keeping in appropriate low -density residential areas, such as areas with a Rural
Residential land use designation.
2. The site is physically suited for the type, density, and intensity of the proposed use,
including access, utilities, and the absence of physical constraints, and can be
conditioned to meet all related performance criteria and development standards.
The proposed project is consistent with the purpose and intent of the City's Zoning
Ordinance and meets minimum standards established,_? The stable will be located
within the rear yard of a new single-family residence on a one -acre lot and will be
adequately separated from neighboring sensitive land uses to the north by 100 feet
and a five- to six-foot block wall. The proposal has been designed to meet minimum
setbacks, land use, and separation from neighboring residences. The proposed
project does not pose a conflict in regards to land use. Additionally, the project is
conditioned to maintain horse enclosures in a matter, which prevents odor or dust
generation.
3. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or improvements
in the vicinity in which the project is located.
The site has been designed to meet setbacks, lot coverage, building height, and land
use requirements for low -density residential uses. The proposed use would not create
a public nuisance in terms of odor as the applicant/and or property owner has been
conditioned to maintain the stables in a sanitary condition at all times. The placement
of the stables will not be aesthetically detrimental as they are not clearly visible from
the public realm. Therefore, the use would not be detrimental to the public interest,
health, safety, welfare, and materially injurious to properties in the vicinity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council of the City of Palm Desert in this case.
2. That the City Council reaffirms Planning Commission Resolution No. 2754 and
upholds the "approval of the AUP for the project.
CITY COUNCIL RESOLUTION NO. 2019-16
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 111" day of April 2019, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
SUSAN MARIE WEBER, MAYOR
3
CITY COUNCIL RESOLUTION NO. 2019-16
CONDITIONS OF APPROVAL
CASE NO. AUP 19-0001
Department of Communitv Development:
The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. Any proposed modifications to this Administrative Use Permit approval, including but not
limited to expansion, reorientation or relocation of horse corrals or stables, shall require
submittal of a new application.
3. 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 beard or officer of the City.
4. This permit shall only allow the recreational keeping of`horses and does not include other
species of livestock.
5. The property shall be limited to a maximum of two standard size horses and one pony.
6. All horses shall be kept within the approved stable and/or corral at all times.
7. All horse keeping areas and waste storage areas shall be setback a minimum of 100
feet from the northern property _line.
8. The stable shall remain ventilated for the desert environment at all times.
9. Horse keeping areas shall be maintained with appropriate ground cover to prevent dust
generation.
10. Barns, corrals, or stables shall;. be cleaned and maintained such that dust, flies, and
odors shall not create a nuisance for adjacent properties and not less than once per day
Animal manure shall be stored in appropriate fully enclosed receptacles and properly
disposed of not less than once per week.
11. The applicant shall comply with all applicable local, state, and federal laws and
regulations.
12. This administrative use permit approval is non -transferable and for the exclusive use of
the applicant/property owner listed on the project application. Future property owners
wishing to keep horses shall apply for a new administrative use permit.
END OF CONDITIONS
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 34.6-o6i Z
info 9cityofpalmdesert .org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
March 6, 2019
Mr. and Mrs. Marc Gerhardt
28975 Desert Moon Drive
Thousand Palms, California 92276
Subject: Consideration of an Appeal to Approve an Administrative Use Permit for
a Horse Shelter
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of March 5, 2019:
The Planning Commission approved Case No. AUP 19-0001, by the
adoption of Planning Commission Resolution No. 2754, subject to the
conditions of approval. Motion carried by a 4-0 vote, with Commissioner
Gregory ABSENT.
-P J
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: Dr. Jeff Suderman, 77669 Edinborough Street, Palm Desert, California 92211
File
Building & Safety Department
Public Works Department
Fire Marshal
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PLANNING COMMISSION RESOLUTION NO.2754
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING AN APPEAL BY DR. JEFF
SUDERMAN AND UPHOLDING A ZONING ADMINISTRATOR DECISION
TO APPROVE AN ADMINISTRATIVE USE PERMIT TO CONSTRUCT A
HORSE SHELTER TO STABLE UP TO THREE HORSES ON A
RESIDENTIAL ESTATE LOT LOCATED AT 77-630 DELAWARE PLACE;
AND ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: AUP 19-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 51h day of March 2019, hold a duly noticed public hearing to consider the request
by Dr. Jeff Suderman, for the above -noted; and
WHEREAS, the parcel is located in the Residential Estate (RE) zoning district,
which allows "Private Stables' as a permitted use subject to the approval of an
Administrative Use Permit (AUP); and
WHEREAS, the Zoning Administrator of the City of Palm Desert, California, did on
the 30th day of January 2019, issue a Notice of Decision to Approve Case No. AUP 19-
0001 to allow a private stable for up to three horses at 77-630 Delaware Place subject to
a 15-day appeal period; 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. 2015-75, 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 15303 — New Construction or
Conversion of Small Structures (Class 3) 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. The proposed use is allowed within the applicable zoning district and complies with
all other applicable provisions of this Zoning Code, Municipal Code, General Plan,
and any applicable specific plans or City regulations/standards.
Private stables are allowed within the Residential Estate zoning district and qualify
for approval through an Administrative Use Permit. The keeping of horses is
recreational in nature and accessory to the proposed residence at the property.
The proposed use complies with all applicable provisions of the Zoning Code in
regard to odor mitigation, screening, and land use compatibility with neighboring
PLANNING COMMISSION RESOLUTION NO.2754
residences. The proposed use supports Health and Wellness Element Goal 3,
Policy 3.4 which encourages animal keeping in appropriate low density residential
areas, such as areas with a Rural Residential land use designation.
2. The site is physically suited for the type, density, and intensity of the proposed use,
including access, utilities, and the absence of physical constraints, and can be
conditioned to meet all related performance criteria and development standards.
The proposed project is consistent with the purpose and intent of the City's Zoning
Ordinance and meets minimum standards established. The stable will be located
within the rear yard of a new single-family residence on a one -acre lot and will be
adequately separated from neighboring sensitive land uses to the north by 100
feet and a five- to six-foot block wall. The proposal has been designed to meet
minimum setbacks, land use, and separation from neighboring residences. The
proposed project does not pose a conflict in regards to land use. Additionally, the
project is conditioned to maintain horse enclosures in a matter, which prevents
odor or dust generation.
3. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or
improvements in the vicinity in which the project is located.
The site has been designed to meet setbacks, lot coverage, building height, and
land use requirements for low -density residential uses. The proposed use would
not create a public nuisance in terms of odor as the applicant/and or property
owner has been conditioned to maintain the stables in a sanitary condition at all
times. The placement of the stables will not be aesthetically detrimental as they
are not clearly visible from the public realm. Therefore, the use would not be
detrimental to the public interest, health, safety, welfare, and materially injurious to
properties in the vicinity.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
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 Administrative Use Permit
19-0001, subject to the conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2754
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 5th day of March 2019, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ROIL REGORY,��AIR
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
PLANNING COMMISSION RESOLUTION NO.2754
CONDITIONS OF APPROVAL
CASE NO. AUP 19-0001
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the
approved plans on file with the Department of Community Development, except as
modified by conditions herein.
2. Any proposed modifications to this Administrative Use Permit approval, including but
not limited to expansion, reorientation or relocation of horse corrals or stables, shall
require a submittal of a new application.
3. 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.
4. This permit shall only allow the recreational keeping of horses and does not include
other species of livestock.
5. The property shall be limited to a maximum of two standard size horses and one
pony.
6. All horses shall be kept within the approved stable and/or corral at all times.
7. All horse keeping areas and waste storage areas shall be setback a minimum of 100
feet from the northern property line.
8. The stable shall remain ventilated for the desert environment at all times.
9. Horse keeping areas shall be maintained with appropriate ground cover to prevent
dust generation.
10. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and
odors shall not create a nuisance for adjacent properties and not less than once per
day Animal manure shall be stored in appropriate fully enclosed receptacles and
properly disposed of not less than once per week.
11. The applicant shall comply with all applicable local, state, and federal laws and
regulations.
12. This administrative use permit approval is non -transferable and for the exclusive use
of the applicant/property owner listed on the project application. Future property
owners wishing to keep horses shall apply for a new administrative use permit.
END OF CONDITIONS
4
NOTICE OF EXEMPTION
TO:
FROM: City of Palm Desert
❑
Office of Planning and Research
73-510 Fred Waring Drive Palm
P. O. Box 3044, Room 113
Desert, CA 92260
Sacramento, CA 95812-3044
®
Clerk of the Board of Supervisors
2724 Gateway Dr, Riverside,
or
CA 92507
County Clerk
County of: Riverside
1.
Project Title:
Horse Enclosure / AUP 19-0001
2.
Project Applicant:
1 Marc and Jenny Gerhardt
3.
Project Location — Identify street address and
77-630 Delaware Place
cross streets or attach a map showing project site
palm Desert, California 92211
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
4.
(a) Project Location —City: Palm Desert
L (b) Project Location — County: Riverside
5.
Description of nature, purpose, and beneficiaries
Administrative Use Permit (AUP) to construct a horse
of Project:
shelter and enclosure for the recreational stabling of up to
three (3) horses. The proposed stable will be located in the
rear yard of a proposed single-family residence.
6.
Name of Public Agency approving project:
City of Palm Desert
7.
Name of Person or Agency undertaking the
Marc Gerhardt
project, including any person undertaking an
activity that receives financial assistance from the
Public Agency as part of the activity or the person
receiving a lease, permit, license, certificate, or
other entitlement of use from the Public Agency
as part of the activity:
8.
Exempt status: (check one)
(a) ❑ Ministerial project.
(Pub. Res. Code § 21080(b)(1); State CEQA Guidelines
15268)
(b) ❑ Not a project. —
(c) ❑ Emergency Project.
(Pub. Res. Code § 21080(b)(4); State CEQA Guidelines §
15269(b),(c))
(d) ® Categorical Exemption.
j Class 1 "New Construction or Conversion of Small
State type and section number:
Structures"; State CEQA Guidelines § 15303
(e) ❑ Declared Emergency.
(Pub. Res. Code § 21080(b)(3); State CEQA Guidelines §
15269(a))
(0 ❑ Statutory Exemption.
State Code section number:
(g) ❑ Other. Explanation:
1 General Rule — Section 15061(b)(3)
9.
Reason why project was exempt:
The proposed project will involve the construction of a
small accessory building; the project site has been
previously developed and has no value as habitat for
endangered, rare or threatened species; the proposed project
Notice of Exemption
FORM " B"
does not have a reasonable possibility for significant
cumulative impacts upon the environment; and the site can
adequately be served by all required utilities and public
services.
10. Lead Agency Contact Person: Nick Melloni, Assistant Planner
--- Telephone: — i (760) 346-0611 — 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No ❑
13. Was a public hearing held by the lead agency to consider the exemption'? Yes ® No ❑
If yes, the date of the public hearing was: March 5, 2019
Signature:
Date: Title:
® Signed by Lead Agency ❑ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Notice of Exemption FORM "B"
CITY 0[ PH[M OESERI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6u
FAX: 760 341-7098
info@p2lm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. AUP 19-0001
NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT CITY COUNCIL TO
CONSIDER A REQUEST FOR REVIEW OF AN ADMINISTRATIVE USE PERMIT ALLOWING
THE CONSTRUCTION OF A HORSE SHELTER FOR THE STABLING OF UP TO THREE (3)
HORSES ON A RESIDENTIAL ESTATE PROPERTY LOCATED AT 77-630 DELAWARE
PLACE
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has determined that this project is Categorically
Exempt from CEQA review in accordance with Section 15303: Class 3 - New Construction or
Conversion of Small Structures of the CEQA Guidelines as this proposal is consistent with the
City's General Plan and zoning regulations, the proposal will construct a small accessory
structure, the project site has no value as habitat, and existing utilities serve the project site and/or
are available.
Project Location/ Description:
Proiect Location: 77-630 Delaware Place
Proiect Description: A City Council review of Planning Commission Resolution No. 2754, an action
upholding an approval for'Administrative Use Permit (AUP) 19-0001 for the construction of a
horse shelter for the stabling of up to three horses in the rear yard of a one -acre lot containing a
single-family residence in the City's Residential Estate zone.
Planning Commission Action: On March 5, 2019, the Planning Commission adopted Resolution
No. 2754 upholding the Zoning Administrator's approval of Administrative Use Permit 19-0001.
Recommendation: Staff is recommending reaffirmation of the Planning Commission's decision
to approve AUP 19-0001.
Public Hearing: The public hearing will be held before the City Council on April 11, 2019, at 4:00
p.m. in the Council Chamber of the Palm Desert Civic Center at 73-510 Fred Waring Drive, Palm
Desert, California.
Comment Period: The public comment period for this project is from April 1, 2019, to April 11,
2019.
Public Review: The project description, exhibits, and related documents are available for public
review during normal business hours at City Hall. Please submit written comments to the Planning
Department. If any group challenges the action in court, issues raised may be limited to only those
issues raised at the public hearing described in this notice or in written correspondence at, or prior
to the City Council meeting. All comments and any questions should be directed to:
Nick Melloni, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk
April 1, 2019 Palm Desert City Council
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
Commissioner Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2753, approving Case No. CUP 19-0001, subject to the
conditions of approval. The motion was seconded by Commissioner DeLuna and carried by
a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT:
Gregory).
C. REQUEST FOR CONSIDERATION of an appeal by Dr. Jeff Suderman of a decision by
the Zoning Administrator to approve an Administrative Use Permit to allow the
construction of a horse shelter for the recreational stabling for up to three (3) horses on
a residential estate property located at 77-630 Delaware Place; and adoption of a Notice
of Exernption in accordance with the California Environmental Quality Act. Case No. AU
19-0001 (Marc and Jennv Gerhardt, Thousand Palms. California. ADDlicant),
Mr. Melloni gave a PowerPoint presentation, reviewing t66'staff report in detail. Staff mailed
notices to property owners within 300 feet from the project site on January 30, 2019, and
February 14, 2019. Staff received comments from property owners voicing their concern with
odor, dust, and viewsheds. At the end of his report, he offered to answer any questions.
Historically, Commissioner Nancy ❑eLuna `'inquired if horses have been in the area or
Residential Estate (RE) zone.
Mr. Melloni answered yes, generally, however, not ma I� horses.
Commissioner DeLuna asked if the appiicariI is requesting to shelter two horses.
Mr, Melloni replied yes, explaining that the Palm Desert. Municipal Code [PDMC) allows for
two adult horses and one pony (up to three). The applicant is requesting two adult horses
on the property.
Commissioner DeLuna asked if the horse shelter would be 100 feet from the closest resident
to the north.
Mr. Melloni replied yes. p''°stated that the PDMC requires a 100-foot setback from the
northern property line, which the applicant meets.
Commissioner Greenwood inquired if there was any discussion with the applicant
concerning horses going out of the stable area.
Mr. Melloni said yes. Per the PDMC, the horses could only be within the horse shelter and
not allowed to run free on the property.
Commissioner Greenwood asked what conditions are in place specific to noise if it were to
become an issue.
Mr. Melloni responded that the Commission could potentially require the applicant to plant a
landscape barrier to create a type of noise attenuation.
Commissioner Joseph Pradetto asked staff to explain how discretionary an Administrative
Use Permit (AUP) is in comparison to a Conditional Use Permit (CUP).
3
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
Mr. Melloni explained that the PDMC allows AUPs for uses anticipated not to create a major
impact on surrounding land uses. For example, AUPs are permitted to allow restaurants
along the Highway 111 corridor or ancillary retail and restaurants in industrial and office
parks.
Commissioner Pradetto inquired if the Zoning Administrator has the ability to deny an AUP
if the applicant demonstrates compliance with the code.
Mr. Melloni replied no.
Principal Planner Eric Ceja interjected that under an AUP; it is anticipated to have a minor
impact on surrounding properties, Therefore, it is a semi -administrative act allowing staff
approval. City staff is required to make three findings: 1] the request must comply with the
applicable provisions of the Zoning Ordinance in the General Plan. He noted that the Zoning
Ordinance has standards for this type of use; 2) the site must be adequately suited for the
type of request. He stated staff felt an acre size property is well suited for this request; and
3) the Zoning Administrator must determine that the request is not detrimental to public
health, safety, or interest. He communicated that the applicant met the minimum setback
standards established in the Zoning Ordinance and there are mitigation measures
recommended as conditions. Therefore, the Zoning Administrator and staff did not deny the
request. Staff applied conditions to mitigate any impacts.
Commissioner Pradetto made clear that the disagreement is on the subjective nature of the
health and welfare in terms of the property is not a conducive site, which is not the Zoning
Administrator's subjective decision. He conveyed that the decision is based on the PDMC,
which states the site must be an acre in size and meet the setback requirements.
Mr. Ceja replied that is correct.
Director of Community Development Ryan Stendell added that the Zoning Ordinance in
Chapter 25 defines certain levels of authorities. The Principal Pianner is deemed the Zoning
Administrator. He said when interpreting an application, the request rises to the Director of
Community Development then the City Manager. Concerning this matter, the interpretation
stopped with the Zoning Administrator and the Director because the three findings were met.
Vice -Chair Holt asked if landscaping at the rear of the property was discussed with the
applicant.
Mr. Melloni replied that staff and the applicant had brief discussions.
Vice -Chair Holt asked if the applicant would be amenable to the installation of a hedge.
Mr. Melloni deferred the question to the applicant.
Vice -Chair Holt inquired if the entire property would be fenced outside of the horse shelter in
the event a horse gets loose.
Mr. Melloni replied yes.
0
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
Vice -Chair Holt asked what recourse would the residents have if the applicant was to move
forward and issues arise with stabling horses, such as odor and dust.
Mr. Melloni responded that the residents could contact him or the Code Compliance Division
to address any issues with the applicant.
Vice -Chair Holt asked what would happen if the applicant does not address issues.
Mr. Melfoni answered that staff would move to revoke the AUP and have the horses removed
from the property.
Vice -Chair Holt declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter
MR. MARC GERHARDT, Applicant, Thousand Palms, California, informed the Commission
that in April 2018 he and his wife found the property advertised as a horse property. They
were excited to be able to build on the property and bring their two horses with them. He
said he and his wife worked with a builder and an architect to draw up plans. He met with
Mr. Melloni to make sure all codes and regulations were met. Mr. Melloni explained to him
that the City of Palm Desert has very strict rules and he agreed to adhere to all the strict
rules and regulations. For that reason, they proceeded to build the house and notify
neighbors about the intention to put two horses on the property. He stated that they do not
exercise the horses on the property, and clean the stables every day and sometimes twice
a day. He stated that he does not want a fly problem. He said manure is stored in a covered
container and picked up once a week. They keep their property immaculate, and people that
have lived next to them would agree. He stated that they pride themselves in being good
neighbors and not an adversary. He said they purchased the property in good faith under
the understanding that they could have the horses on the property. He expressed that they
would not do anything to violate or jeopardize their ability to have horses on their property.
He mentioned that they do intend on adding landscaping to the rear wall to help mitigate any
nuisances.
Commissioner DeLuna asked the applicant if they have owned horses before. If so, did they
stable the horses near residents?
MR. GERHARDT replied absolutely. Horses were on their property at previous residences.
Commissioner DeLuna asked if they have a good track record for keeping horses on their
property and adhering to all the rules and regulations.
MR. GERHARDT replied that he has never had a complaint in Garner Valley or Thousand
Palms.
Commissioner Pradetto asked where the applicant would place the covered dumpster on
the property.
MR. GERHARDT believed they would place the dumpster in the shelter.
Vice -Chair Holt asked the applicant what methods they would use to control flies.
5
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
MR. GERHARDT responded that they would use fly spray and install a misting system.
Vice -Chair Halt inquired how the applicant would store the feed.
MR. GERHARDT said they would section an area of the shelter for the hay and keep pellet
feed in metal containers.
When a horses) needs a veterinarian or farrier, Vice -Chair Holt asked if the horses) would
be serviced on the property or take them off the property for service.
MR. GERHARDT replied that they have had the horses serviced on and off the property. He
stated that they would d❑ what the Planning Commission suggests them to do.
Vice -Chair Holt asked what material would be used in the barn area to mitigate dust.
MR. GERHARDT responded that the misters would help mitigate dust and they would water
down the area.
MR. JOHN GILHULY, Edinborough Street, Palm Desert, California, commented that he has
lived in his home for 23 years and was aware the zoning for the lots behind his boundary
wall allowed horses. However, has never known of horses to be on any of the lots on
Delaware Place, Mountain View, or Robin Road (streets with estate size lots). He believed
the zoning is a relic when the area was Riverside County and later annexed in 1993 by the
Palm Desert. He also believed the City would not adopt this type of zoning in new areas of
the City. He respected the applicant's right to have horses on the property. He expressed
his frustration with the short perimeter of notification and that he only found out about the
horses from a neighbor. He voiced his concern with flies and odor, which could be
unbearable during the hot months.
MR. JERALD BAILEY, Brighton Street, Palm Desert, California, stated that his issues were
addressed and had no further comments.
MS. JCLENE CYR, Edinborough Street, Palm Desert, California, stated she bought her
home 34 years ago, which is located directly north of the proposed project. She noted that
everyone knows if you live on a ranch or farm; you never build stables, barns, or corrals next
to your house. She pointed out that the applicant is building the horse shelter next to her
house, which is 100 percent of her back wadi. She voiced her concern with flies, not able to
enjoy her backyard, and depreciation of her property value due to horse odor. She also
stated that the notification concerning this matter was short notice.
MR. MIKE SCHWARTZ, Edinborough Street, Palm Desert, California, stated he has
breathing problems and is on oxygen 16 hours a day. He felt it is not fair to the neighbors to
be subjected to the proposed project.
MR. DAN WITTEMAN, Edinborough Street, Palm Desert, California, commented that he
and his wife have lived in their home for 33 years. When they first moved into the area, there
were a couple of horses about four houses away from their home. He stated that there were
many flies, and when there were winds, they smelled the odor of horses, He was thankful
when the residents moved out of the area after three years. Since then, there have been no
horses in the area. He expressed that horses do not belong in a residential neighborhood.
M.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
He asked why the City did not give residents the opportunity to comment prior to the AUP
approval in January, He felt this matter is not fair to the applicant or the residents.
❑R. JEFF SUDERMAN, Edinborough Street, Palm Desert, California, stated that he is also
representing residents that were not able to attend this meeting. He mentioned he recently
played golf at Desert Willow and thought that Palm Desert would never allow horses within
100 feet from the tee box. However, the City made a decision to approve a horse shelter
within 100 feet from their backyards. When he spoke to City staff, they explained to him that
this is a simple bureaucratic process to indicate a policy was followed. He believed approval
of the proposed project would be precedent setting, Therefore, it needs careful and more
consideration by the City's public servants, public servants who act in the interest of all
taxpayers. He listed five reasons to be concerned with this project: 1) they have legacy
bylaws that do not fit the current makeup of the City of Palm Desert, which are bylaws
inherited from Riverside County. The legacy bylaw no longer fits the character or the long-
term vision of the City; 2) the City decided this project was not detrimental to public interest.
However, the site backs up to medium- and high -density neighborhood backyards, which is
detrimental; 3) the City decided this project would not negatively be an impact on the health
and welfare of the public. He stated this project would cause odor, allergies, fly and rat issues
for neighbors; 4) the City decided this project was not detrimental to the public interest or
materially injurious. He said realtors and land assessors have indicated otherwise, which is
detrimental to the public interest; and 5) the City only notified residents within 300 feet of the
proposed project. He believed the 300 feet is grossly inadequate, noting that fecal odor does
not limit itself to 300 feet. He said the Salton Sea is evidence of that. He communicated that
legacy bylaws have created this issue and caused this issue to arise. Therefore, he looked
forward to the City revoking the Zoning Administrator's decision.
MS. ZELDA SMITH, Edinborough Street, Palm Desert, California, voiced her concern with
flies and her allergies. She has to take medication because she is allergic to dust, grass,
trees, dogs, cats, and more. She is also concerned with losing her views and not being able
to enjoy her backyard.
MR. SCOTT CROFUT, Edinborough Street, Palm Desert, California, commented that the
main reasons they bought their home in the area were for the views and most of the houses
on Delaware Place were up front enough that they would not be impacted, He mentioned a
couple of years ago the City approved an RV barn that overlooks his entire backyard and he
no longer has views. He stated that he was a little upset with the City for not allowing the
neighbors to have input until two outs in the ninth inning, He felt the project would affect
dozens of homeowners and they are being overlooked and overshadowed for one resident.
MS. CAROL NORHEIM, Hastings Street, Palm Desert, California, voiced her opposition of
the project. She felt bad that they are all complaining about something that is already in the
works and finds it difficult knowing that this matter was not dealt with a long time ago. She
mentioned she had a friend that lived in the area back in the 70s and 80s, and she used to
ride her horses around Mountain View and Robin Road. However, it was a different time in
the 70s and 80s in which there was a lot of open space in those days. She stated that
Delaware Place is not horse country or rural area. Landscaping is not going to help mitigate
flies and odor during the brutal summers.
7
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PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
MR. ROGER KRANZ, Missouri Drive, Palm Desert, California, listed questions he has for
City staff. 1) how many horses are currently in the City of Palm Desert; 2) how many one -
acre estates are there in Palm Desert; 3) is Delaware Place and the other two blocks in Palm
Desert the only streets that have one -acre lots; and 4) would the City approve a request if
someone wants to have a chicken coop, a pigeon coop, a cow, a sheep, or a dog kennel.
Additionally, he questioned how the applicant is going to have a corrugated metal roof in an
area that has 110-deg ree temperatures 100 days in a row, which he believed is harmful to
the horses. He voiced his concern with odor and asked the applicant to store his horses
elsewhere.
Commissioner Pradetto asked staff to respond to the question concerning keeping other
animals, such as chickens, on residential properties.
Mr. Stendell responded that the General Plan (Chapter 5 Health & Wellness) suggests the
City be more flexible with residential uses in the future. He shared that many studies suggest
allowing chickens in residential zones. However, it has not been implemented into the Zoning
Ordinance.
Commissioner Pradetto asked if an AUP runs with the land. He also asked how discretionary
the conditions of approval are and how much leeway is there with an AUP.
Mr. Stendell replied that there is some leeway with an AUP, noting Chapter 25.64.040
outlines the AUP. He indicated that Section E states, "... the Zoning Administrator may
impose any reasonable conditions to ensure that the approval will comply with the findings
required, as well as any performance criteria and development standards contained within
this code." He mentioned, if "findings required" included landscaping and food stored in
containers, those are reasonable conditions that could be imposed. He also defined an AUP
to be an anticipated use qualifying for an administrative use review that is minor in nature,
only have an impact on immediately adjacent properties, and can be modified and/or
conditioned to ensure compatibility.
Vice -Chair Halt inquired if the noticing requirements for an AUP the same as a CUP.
Mr. Stendell replied yes. Concerning the number of horses in the City of Palm Desert, he
had no idea. He did not know if there were horses in the neighborhood in the past. He stated
that the only areas in the City with one -acre lots (RE zone) are located between Delaware
Place and Robin Road.
Mr. Melloni noted that horses are only allowed in the RE zone.
Commissioner Pradetto asked if dust generated from horses exceed the amount of dust
generated from a vacant sand dune.
Mr. Stendell replied he did not know.
Commissioner Pradetto commented that nearby residents mentioned the codes might be a
relic of the past. He stated that is not the fault of the Zoning Administrator. If the Zoning
Ordinance changes in the future to be more restrictive or ban horses in the area, he asked
if it is correct that the use would become a non -conforming permitted use. Additionally, if the
current owner sold the property, would the AUP transfer to the new owner.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
With an AUP, Mr. Meiioni stated that there is a little more leeway in terms of termination. He
pointed to Condition of Approval No. 12 that states the following, "This AUP approval is non-
transferable and for the exclusive use of the applicant/property owner listed on the project
application," Therefore, any successor in interest must reapply for a new AUP if the property
changes ownership.
In response to a comment made by a resident, MR. GERHARDT said that they have had a
corrugated roof for over 12 years in Thousand Palms. Because of the misting system, they
have never had an issue. He said the reason they are leaving Thousand Palms is due to the
strong wind belt. He has been a full-time resident in the Coachella Valley since 1994 and is
aware that winds predominately come from the northwest area. He felt that the landscaping
should be sufficient to mitigate odors. if they pick-up waste twice a day and keep feed in
containers, he does not foresee an issue. He offered to meet with residents one-on-one or
answer any questions from the Planning Commission.
With no further testimony offered, Vice -Chair Holt declared the public hearing closed.
Commissioner Del_una pointed to an exit sign near the Council Chamber doors and asked
staff if the distance is approximately 100 feet from the dais.
Mr. Stendell replied that he is not certain if it is 100 feet unless he gets a tape measure.
Commissioner ❑eLuna commented that she lived in a neighborhood that allowed horses
and had concerns when she moved in. However, she never had an issue. She stated it is
possible for horses to be good neighbors if they are well cared for and the owner obeys
all the rules. She said she finds it difficult not allowing an owner to enjoy a use, a permitted
use. She pointed out that there are strict conditions and the owner has agreed to obey the
rules.
Vice -Chair Holt voiced her concern with setting a precedent; however, she is also
concerned with the precedent the Planning Commission would set. She communicated
that the current RE zone allows for the owner to have horses on the property. If the
Planning Commission decided to approve the appeal, then the appeal would rescind the
rights of the applicant and set a precedent for anyone moving into the area. She said if
owners are concerned with this issue, the residents or the City needs to look at the Zoning
Ordinance as a whole and not at one particular property. She said it might be true that the
stabling of horses in this area is no longer appropriate. She felt that they could not make
a determination on a parcel -by -parcel basis. She mentioned that she kept her horse
located on Clancy Lane next to $17 million homes, so she knows there is a way for the
two to co -exist. if the Commission decided to approve the AUP, she suggested watering
the dirt and keep food in containers as additional conditions.
Commissioner Pradetto stated that in order to overturn the Zoning Administrator's
decision, he needs clear and convincing evidence that the Zoning Administrator made an
error with the decision. However, he does not see clear evidence of an error. He is
convinced there is a small impact, but is not convinced the idea of precedent is persuasive
because the residents have an opportunity to petition the City Council to amend the
Zoning Ordinance. If the residents are successful, this AUP might be the last to exist in
Palm Desert. He reaffirmed Condition of Approval No. 12 states the AUP is non-
transferable. He also is not convinced shame is a sufficient form of persuasion to say that
9
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 5, 2019
the rules the Zoning Administrator and the City are following bureaucratic relics. He
expressed that this is a law set by the City Council and can be changed. He asserted that
residents knew the RE zone existed or potentially existed and now residents are blaming
the City for throwing this item on them at the last minute. Therefore, he is not persuaded
there is a sufficient reason to overturn the appeal and the nature of an AUP. With that
said, he moved to adopt staff's recommendation.
Commissioner Pradetto moved to waive further reading and adopt Planning
Commission Resolution No. 2754, approving Case No. AUP 19-0001, subject to the
conditions of approval. The motion was seconded by Commissioner DeLuna and carried by
a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT:
Gregory).
D. REQUEST FOR CONSIDERATION to recommend approval of a Zoning Ordinance
Amendment to the City Council amending the Ei Paseo Overlay District and the
Downtown District to allow professional office type uses on the ground floor fronting El
Paseo; and adoption of a Notice of Exemption in accordance with the California
Environmental Quality Act. Case No. ZOA 19-0002 {City of Palm Desert. California.
Ar)olicant].
Mr. Ceja outlined the salient points in the staff report and offered to answer any questions.
Commissioner DeLuna commented that the amendment would prohibit medical offices. She
asked if current medical offices would creed to relocate or the City would grandfather them
in.
Mr. Ceja replied that the City would grandfather in current medical offices.
Commissioner ❑eLuna asked what would happen with the post office.
Mr. Ceja responded that the post office resides autside of the EI Pase❑ Overlay ❑istrict and
the Downtown District.
Commissioner Greenwood asked why medical offices were precluded.
Mr. Ceja believed it had to do with parking and timing. People visiting medical offices are
usually there for an hour or more.
Mr. Stendell added that the City Council directed staff to look at office uses that would add
shoppers and restaurant goers to the street. He explained that staff did not feel medical
offices fit the description. Additionally, medical offices require more parking.
Commissioner DeLuna inquired if the amendment would prohibit attorney offices.
Mr. Ceja replied no and referred to Exhibit A, Section B. The section discloses permitted
office uses.
Commissioner Greenwood asked if the adjacencies and buildings that have both EI Paseo
and Presidents' Plaza frontages apply. He also asked if the adjacency applies to the read of
Presidents' Plaza.
10
CITY OF PALM DESERT
ZONING ADMINISTRATOR
NOTICE OF DECISION
DATE: January 30, 2019
APPLICANT: Mario Valenzuela
PROPERTY ADDRESS: 77-630 Delaware Place
CASE NO: AUP 19-0001
Notice is hereby given that the Zoning Administrator has received and approved a request
from Mr. Valenzuela (applicant) to construct a horse shelter and enclosure for the
recreational stabling of up to three (3) horses. The proposed stable will be located in the
rear yard of a proposed single-family residence. The property is zoned Residential Estate
(RE) and the proposed stables qualify for approval through an Administrative Use Permit
(AUP).
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has determined that this project is
Categorically Exempt from CEQA review in accordance with Section 15303: Class 3 — New
Construction or Conversion of Small Structures of the CEQA Guidelines.
The Zoning Administrator, under provisions of Section 25.64.040 of the Palm Desert
Municipal Code, has approved the said use based upon the following findings required in
Section 25.64.040.D:
The proposed use is allowed within the applicable zoning district and complies
with all other applicable provisions of this zoning code, municipal code, general
plan, and any applicable specific plans or City regulations/standards.
Stables are allowed within the Residential Estate zoning district and qualify for approval
through an Administrative Use Permit. The keeping of horses is recreational in nature
and accessory to the proposed residence at the property. The proposed use complies
with all applicable provisions of the zoning code in regards to odor mitigation, screening,
and land use compatibility with neighboring residences.
2. The site is physically suited for the type, density, and intensity of the proposed
use, including access, utilities, and the absence of physical constraints, and can
be conditioned to meet all related performance criteria and development
standards.
The proposed project is consistent with the purpose and intent of the City's Zoning
Ordinance. The stable will be located within the rear yard of a new single-family
residence on a one -acre lot and will be adequately separated from neighboring sensitive
AUP 19-0001
January 30, 2019
Page 2 of 2
land uses. The proposal has been designed to meet minimum setbacks, building height,
land use, and separation from neighboring residences. The proposed project does not
pose a conflict in regards to land use.
3. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or
improvements in the vicinity in which the project is located.
The site has been designed to meet setbacks, lot coverage, building height, and land
use requirements for low -density residential uses. The proposed use would not create a
public nuisance in terms of odor as the applicant/and or property owner has been
conditioned to maintain the stables in a sanitary condition at all times. The placement of
the stables will not be aesthetically detrimental as they are not clearly visible from the
public realm. Therefore, the use would not be detrimental to the public interest, health,
safety, welfare, and materially injurious to properties in the vicinity.
BASED ON THE FINDINGS ABOVE, THE ZONING ADMINISTRATOR hereby approves
Administrative Use Permit 19-0001. In accordance with Section 25.60.060.C. of the Palm
Desert Municipal Code, notice of decision shall be provided to the applicant, interested
parties, and property owners within 300 feet of the property.
Any interested person may appeal certain actions of the Zoning Administrator in accordance
with Section 25.60.080. All appeals shall be submitted in writing, identifying the
determination or action being appealed and specifically stating the basis or grounds of the
appeal. Appeals shall be filed within 15 calendar days following the date of determination or
action. The 15-day appeal period for this decision concludes February 14, 2019.
Any concerns, comments, or appeals may be filed at:
City of Palm Desert
Community Development / Planning Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Hours: 8:00 a.m. to 5:00 p.m. Monday through Friday (Closed major holidays). You may
contact me directly at nmelloni@cityofpalmdesert or (760) 346-0611 ext. 479.
Sincerely,
ERIC CEJA
PRINCIPAL PLANNER / ZONING ADMINISTRATOR
i337 lb0-O'L. 637-151-005 637-151-006
GERHARDT M A JENNIFER S TRUST JIMMY & LORIE ANN GRAY PAUL M & MARY E ADAMS
PO BOX 291 74940 US HIGHWAY 111 3848 FOUNTAIN ST
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PATRICK H DONAHOE CHARLES Z & JOLENE M CYR MICHAEL & CHRISTINE SCHWARTZ
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JOHN CHARLES & MARY JEAN MICHAEL A/BRENDA L SCARELLA KERMIT A LARBY
SOMERSCALES 77576 DELAWARE PL 77600 DELAWARE PL
53 WAVERLY PALM DESERT CA 92211 PALM DESERT CA 92211
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77635 DELAWARE PL
PALM DESERT CA 92211
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77685 DELAWARE PL 77705 DELAWARE PL
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Eri Ceja
Principal Planner
City of Palm Desert
Palm Desert, CA
February 12, 2019,
Dear Mr. Ceja,
I am writing to officially appeal the City of Palm Desert decision to allow a
horse stable at 77630 Delaware Place in Palm Desert, CA. The notice (AUP 19-
0001 dated Jan. 30, 2019) makes several claims which are not correct, and we
wish to dispute (quoted content is taken from the city letter to residents):
1. "The proposed use is allowed within the applicable zoning district". While
horses may be allowable in 'Residential Estate Zoning', they are not allowed
in the zone it abuts (a mid -density housing neighborhood). The direct
adjacency of this project impacts about 21 homes within this mid -density
neighborhood (within 120-300 feet of the proposed stable). Therefore, it is
our firm belief that this is a violation of zoning district policy for many
homeowners adjacent to the residential estate zoning.
2. "Granting the permit would not be detrimental to public interest, health,
safety, convenience or welfare or materially injurious to persons,
property... within the vicinity". We believe several sections of this code will
be violated with this project:
a. Public interest —there are many homeowners, us included, who have
expressed disinterest in having horses as close as 120 feet from our
pools and backyards. The odor, dust, fly and rat issues will be
detrimental to the enjoyment of our backyards — a key reason people
choose to live in the desert.
b. Health - there are many homeowners, us included, who believe that
this facility will bring negative odor, flies, dust and rats to our
neighborhood. These are all detrimental to both physical and
emotional health.
c. Materially injurious - A local home appraiser has informed us that a
horse stable will result in a decrease in property values for
neighboring homes. We believe this will materially impact the value
of our property. This is not the first time the city has made significant
land use decisions without informing neighbors in this area and
significant negative property value impact occurred during the
development at 77700 Delaware Place.
3. Negative communication process. This city has used a version of what is
referred to as `negative billing' in consumer marketing. Negative billing
occurs when a significant financial decision is made which impacts people
negatively and they are only informed of it after the fact. The city approved
a project impacting many homeowners without any consultation. At best,
this is poor practice, at worst it suggests preferential treatment of some
citizens. A significant project like this requires discussion from impacted
homeowners prior to a decision being made. Furthermore, the
neighborhood letter from the city has an incomplete email address
(nmelloni@cityofpalmdesert) and residents were only given about —10 days
in which to respond. I have personally been waiting for an email response
of promised follow-up documents from Mr. Melloni since Wednesday, Feb.
6.
The city of La Quinta has recently had problems due to horses in residential areas
that Palm Desert should consider.
(httr)s://www.desertsun.com/storv/news/2018/04/05/polo-ponies-removed-la-
qui nta-ranch-following-manure-drama/491373002/).
As a result of these concerns, we respectfully request that the city reverse this
decision. We look forward to your response.
Sincerely,
Dr. Jeff & Mrs. Kasie Suderman
77669 Edinborough Street
Palm Desert, CA 92211 1 951.435.9863 1 jeffsuderman@hotmail.com
Melloni, Nick
From: Jon Currie <researchguru@gmail.com>
Sent: Wednesday, February 13, 2019 12:10 PM
To: Melloni, Nick
Subject: Case No. AUP 19-0001
Dear Mr. Nick Melloni,
We live on Sussex Street in Palm Desert and received the Notice of the Decision from the Zoning Administrator
concerning the property at 77-630 Delaware Place. As a concerned homeowner very close to the property in
question we would like to have had something to say about this construction before the Administrator made the
decision that would affect our property value and the health and safety of our neighborhood.
We would like to see written answers to the questions the City of Palm Desert considered before approving this
application and we would like to take advantage of the appeal process so the City could reconsider the
application.
1. We are concerned about the real possibility that the odor, that is always a problem with animal compounds
(even with the most efficient and consistent maintenance) will negatively affect our neighborhood.
2. How were the prevailing winds and their effect upon the dissemination of animal odors addressed?
3. We are concerned about the close proximity, and in some cases the adjacency, of the horse stabling area to
the residential properties which have smaller setbacks and are not zoned as 'Estate' properties. Without the same
setbacks and buffer areas between the horse property and the backyards of these properties people would be
living extremely close to the horses.
4. How did the design for the paddock square footage allow for an exercise area for the horses to run?
5. How were the areas for pens, exercise and pasture, as well as the access for veterinarian, feed and manure
management, all been addressed so to have a minimal effect on the neighboring properties?
6. How did the setbacks, that abut the adjacent neighbors property, addressed when there might be the
possibility that horses would be next to the neighbors' back fences?
7. What are the current City of Palm Desert regulations regarding the housing of horses, or other animals?
We would support an appeal to this Zoning Administrator Decision. Please send along any forms that need to be
filled out as soon as possible so that we can submit them within the designated time frame.
Thank you for your time and consideration in this matter.
Jon Currie, Carol -Lynn Caniphell
42644 Sussex St,
Palm Desert, CA 92211
-310-990-0060
research2uru @ Rmail.com
Melloni, Nick
From:
Jeff Suderman <jeff@jeffsuderman.com>
Sent:
Tuesday, February 12, 2019 8:41 PM
To:
Ceja, Eric
Cc:
Melloni, Nick; Harnik, Jan; Jonathan, Sabby, Kasie Suderman
Subject:
AUP 19-0001 Land Use Decision Appeal
Attachments:
Mimecast Attachment Protection Instructions; City of Palm Desert AUP 19-0001 Appeal
- Suderman.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Mr. Eric Ceja,
CC: Nick Melloni, Councilwoman Jan Harnik, Councilman Sabby Jonathan, Kasie Suderman
The attached letter is an appeal regarding a city zoning decision for 77630 Delaware Place (AUP 19-0001).
Thank you for your attention to this matter.
Jeff Suderman
DR. JEFF SUDERMAN S U D E R M A N�
CEO & PRESIDENT I SOLUTIONS — s
www.jeff3uderman.com I Jeff0jeffsuderman.com 1 951.435.9863
1
Melloni, Nick
From: Elizabeth De Leon <elizabethdeleon86@yahoo.com>
Sent: Wednesday, February 13, 2019 11:19 AM
To: Melloni, Nick
Subject: Horse stable Palm Desert
Dear Nick Mellin
I had the pleasure of speaking to my neighbors on Edinborough Street , it was brought to my attention that there
are plans to built stables on the street behind us (Delaware Street).
Our concern with that project is what we will be facing in the future, rats, flies, dust, odor etc.
For 13 years its been wonderful living in a great area without what the stress of dealing with issues that may
bring if the stables are to be built in a residential area.
As the person in charge Im sure your interest is to preserve what's in the best interest for Palm Desert residence.
For any questions you can reach me at 7606016400.
Your attention is much appreciated.
Thank you,
Elizabeth DeLeon
Scat iironn )'alloo Mail 1,01- ipholle
Maryalice Alberg Owings
77675 Edinborough Street
Palm Desert, CA 92211
February 12, 2019
Mr. Eric Ceja, Principal Planner
City of Palm Desert
Community Development/Planning Department
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Ceja :
I am writing to appeal the decision of the Zoning Administrator to authorize a "horse shelter and
enclosure for the recreational stabling of up to 3 horses" at 77630 Delaware Place, Palm Desert, CA
92211.
I live in a home that has been on its lot for 29 years, on the other side of the wall, downwind from this
proposed "horse shelter". You have already allowed this residence and 1 other new residence, on
Delaware, to bring in over four feet of dirt to raise the lot elevation and block our views. Now you want
to allow a "horse shelter on a narrow strip of this property. The house they are building is quite large
and taking up much of the 1 acre, so the "horse shelter will be near the back wall by our properties. This
location does not make it compatible with neighboring residences, and it will not be aesthetically
pleasing to our views, which should be considered as part of the public realm.
You state the "owner has been conditioned to maintain the stables in a sanitary condition at all times."
How will this be enforced? How many complaints will have to be delivered to your office for you to take
action? This is less than 300 yards from our back yards, how are we supposed to enjoy quality time on
our own property that we have invested in, with the dust, dirt, flies, and smell that will come from this
property?
This home and the other one at 77700 have already lowered the property value of our homes by
building walls and houses so large they block our view of the mountains, which was a selling point when
we bought our homes. Now the City wants to allow a "horse shelter" to be built by our back wall, which
will further erode the value of our homes and any quality time we would like to spend in our own
backyards.
Sincerely,
Marye Alberg ings, weer
Melloni. Nick
From: Carol Witteman <dcwitteman@gmail.com>
Sent: Tuesday, February 12, 2019 8:37 AM
To: Melloni, Nick
Subject: Horse stable on 77369 Delaware St
Follow Up Flag: Follow up
Flag Status: Flagged
Hello Mr. Melloni, I am writing to you in regards to the horse stable on Delaware that was approved by the City of Palm
Desert.
My husband and I have lived here at 77590 Edinborough St. since 1986 and we are very concerned about how this could
impact the environment in the neighborhood. Smell, dust, flies, noise, how it would effect the dogs, to name a few.
When we first moved here, there were horses at some properties on Delaware and we did have those issues then. We
would like to appeal this decision along with our neighbors.
Thank you for the consideration in reversing this decision.
Carol and Dan Witteman
77590 Edinborough St
Palm Desert, Ca 92211
Sent from my iPhone
Melloni, Nick
From: Zelda Smith <smith92201@twc.com>
Sent: Tuesday, February 12, 2019 12:34 PM
To: Melloni, Nick
Subject: Horse
Follow Up Flag: Follow up
Flag Status: Flagged
Mr Melloni
I live on Edinborough St. My lot corner meets the corner of the lot of 77-630 Delaware , I cannot imagine having horses
that close to the homes behind this house. Our lots are not as large as those on Delaware, therefore, our backyard is
closer than 100 feet. Can you imagine how bad the flys and the smell will be?!We would like to enjoy our backyards with
our family and friends and not have to worry about the flys and smell.
City zoning has already allows a wall which significantly limits the enjoyment of our yard (see attached photo). Please do
not make this even worse.
Thank you. Zelda and John Smith
Sent from my !Phone
Melloni, Nick
From: renate38@verizon.net
Sent: Tuesday, March 05, 2019 10:23 AM
To: Melloni, Nick; jeffsuderman@hotmail.com; kathleensunshineobrien@yahoo.com;
renate38@verizon.net
Subject: Construction of a Horse Shelter and having to up to 3 Horse
Location: 77-630 Delaware Place
RE: The Construction of a Horse Shelter For The Recreational Stabling of up to Three (3) Horses On a Residential
Estate Property
Located at 77-630 Delaware Place.
I an opposed to this approval, I was not notified by the City of Palm Desert Planning Commission. I received this notice
from one of
the Neighbores on Edinborough, Missouri, etc. on Monday the 4th of March. I here by voice my objections to this
approval. This is
not a RURAUFARM COMMUNITY. I would voice my objection to either one of these Meeting which are being held or
the 5th & 6th,
but am unable to drive in the evening and I am awaiting out of town guest. I urge you to reconsider this decision.
As we all know the WIND carries SMELLS & FLIES, which means we will not be able to enjoy our pools and back yards
with our
friends and neighbors.
I have been a resident in this Neighborhood since 2002.
Thank you ,
Renate K. Burns-Knoblauch (Mrs.)
42585 Devonshire Street
Palm Desert, CA 92201
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Klassen, Rachelle
From:
John Gilhuly <gilhulyjohn@gmail.com>
Sent:
Tuesday, April 09, 2019 1:50 PM
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To:
Klassen, Rachelle
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Subject:
Public Hearing Address for 4/11/19 City Council Meeting
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Please accept this message in lieu of my attendance at the Public Comments
Session for the City CoWcil
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Meeting on 4/11/19.
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This is in reference to the following agenda item:
XIX. PUBLIC HEARINGS
A. REQUEST FOR CITY COUNCIL REVIEW OF PLANNING COMMISSION RESOLUTION NO. 2754 FOR
ADMINISTRATIVE USE PERMIT 19-0001
TO ALLOW A STABLE FOR UP TO THREE (3) HORSES ON A RESIDENTIAL ESTATE PROPERTY LOCATED AT
77630 DELAWARE PLACE(Marc and Jenny Gerhardt, Applicants).
To The City Council,
I have owned my home at 77549 Edinborough St. for 23 years. I have always been aware that the R-E lots
adjoining the southern boundary of my property allowed horses by conditional use permit, although I know of
no horses being kept on any of the similarly zoned lots south of Edinborough St. to Robin Rd. during the time
I've lived here. Although I am sympathetic to the plight of my neighbors who are even closer to or adjoining
the Delaware St. lot in question, I understand the Planning Commission's unanimous decision to uphold the
recommendation of the Zoning Administrator to grant the AUP for the stabling of up to three horses on the
property. However, I believe that decision was made without adequate consideration of the consequences for
neighboring residents, and with insufficient notice both in the amount of time allotted for residents to protest the
application, and the radius from the property within which notice was supposedly distributed. Regardless of
whether these issues can be addressed for similar applications in the future, I appreciate the Council allotting
time for a review of this Resolution.
The more pressing concern for the long term is the very real prospect that the presence of horses for the first
time on Delaware St may entice additional prospective residents to bring horses along with new development in
this neighborhood going forward. The Council surely understands this would likely cause a substantial and
unintended loss of property value among dozens of neighboring R-1 lots in the area, including homes within
Palm Desert Country Club, which adjoins these lots to the west. Worse yet, according to the City of Palm
Desert Zoning Ordinance (2013), even non-commercial livestock, fowl, and kennels are currently allowed on
these R-E lots with an Administrative or Conditional Use Permit. I have to believe the R-E lots in this area are
under legacy zoning restrictions in effect prior to 1992, when this unincorporated section of Riverside County
was annexed into the City of Palm Desert, Note that the annexation occurred several years after the entire
Edinborough/Missouri R- I residential neighborhood had been fully developed. Clearly this legacy zoning no
longer fits the character or intended long-term use of the remaining undeveloped lots in this area, never mind
the City as a whole. I know of no other area of the City where lots adjoining R-1 neighborhoods are zoned for
horses, and even if there are a few, I'm certain the Council would never consider allowing horses, livestock,
fowl, and kennels in any remaining undeveloped acreage within City limits, let alone adjacent to an existing R-1
development.
I urge the Council to consider amending the General Plan or at least updating the Zoning Ordinance to prohibit
the stabling of horses and the keeping of other livestock, fowl, or kennels on R-E lots within City limits going
forward, particularly the unique island of lots bounded by Delaware (N), Robin Rd (S), Washington St, (E), and
Warner Trail (W). On behalf of all my neighbors, I hope the Council will see fit to consider this matter before
approving any more similar AU permits in the City.
Thank you,
Sincerely,
John Gilhuly
77549 Edinborough St.
Palm Desert
760-578-4183
John Gilhuly
Operations Manager
Gulf California Broadcasting Co.
Cell: 760-578-4183
Rocha, Grace
From: Mary E. Adams <madams52@gmail.com>
Sent: Wednesday, April 10, 2019 8:51 AM
To: CityhallMail; Melloni, Nick
Subject: Public Hearing April 11, 2019 at 4 p.m. - Horse Shelter 77-630 Delaware Place
Attachments: Mimecast Attachment Protection Instructions; Horse Shelter - 77-630 Delaware - April
2019.pdf
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files
Mayor and City Councilmembers and Nick Melloni, Assistant Planner:
Please submit the attached letter to be read and submitted to the City Council meeting record on April H , 2018
at 4 p.m. as part of the public comment period for the subject project of building a Horse Shelter at 77-630
Delaware Place, Palm Desert.
Thank you,
Mary E. Adams
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April 9, 2019
Nick Melloni, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Case No. AUP 19-0001
Project Location: 77-630 Delaware Place
Dear Mr. Melloni and City Councilmembers,
1 am writing this letter to be read as testimony at the meeting and be included in the record of
the City Council meeting on April 11, 2019, at 4:00 p.m.
1 am adamantly opposed to allowing horses to be stabled at the subject property. This property
backs up to a residential neighborhood where residents have swimming pools and spend a lot
of time in their backyards enjoying the wonderful desert climate. It is difficult to understand
how you could possibly consider allowing horses to impact these established residences that
have been in place since the 1980s. Horses have a distinct odor that can be bothersome, they
kick up dust and dirt affecting air quality and attract flies and other insects that feed off the
feces they create.
It is easy to say that the manure they produce will be cleaned up on a daily basis, but it will be
impossible to enforce.
I have owned my home at 77573 Edinborough Street, Palm Desert, since 1986. Initially, we
enjoyed a lovely mountain view from our pool and patio in the backyard. Unfortunately, our
neighbor to the south on Delaware Place received an approval/variance from the Planning
Commission to construct a RV Storage facility in spite of objections from neighbors. The
placement of the RV garage was approved to be built just off our back wall due to the
configuration of the lot. It was decided that there wouldn't be an impact to the neighbors
because it would only be used as a RV garage.
Since this unit was built, the building has been turned into a rock and roll band practice studio.
Some days there is drumming going on all afternoon when trying to enjoy the pool. It has been
a nuisance ever since the building was constructed. I have had complaints from my tenants and
a high tenant turnover rate due to the noise coming from the facility, which is literally in my
backyard.
Page 2
Case No. AUP 19-0001
Project Location: 77-630 Delaware Place
So, in my opinion, the best -case scenario is that the horses will smell, attract flies, and kick up
dirt and dust, which will adversely affect the neighbors and lower property values on
Edinborough Street. The Council should consider the rights of bordering property owners who
should be allowed to the peaceful enjoyment of their properties.
Although horses are allowed in this area, it doesn't mean that you need to approve a use that is
detrimental to the neighborhood and dismiss the desires of the adjacent neighbors who have
been living on the street for up to 35 years. Obviously, the neighborhood has changed since the
current zoning laws were established and need to be reviewed and/or updated to adequately
meet the needs of this built-up burgeoning Palm Desert neighborhood.
By the way, who will be inspecting the property to make sure that the horse stable remains
clean and isn't causing a health hazard. Wouldn't it be better to disallow the horses and not
create a situation that will need monitoring and potential future complaints?
Will they be riding their horses to Ralph's for groceries? Are you serious? There is no place to
ride in this area. This area is bordered by Washington Street, Warner Trail and Fred Waring.
Really? Is this a good idea to stable and ride horses in this area?
Please consider denying this request to construct a horse shelter for the stabling of up to three
(3) horses on a residential estate property located at 77-630 Delaware Place.
Thank you for your consideration.
Regards,
Klassen, Rachelle
From: Melloni, Nick
Sent: Wednesday, April 10, 2019 9:54 AM
To: Klassen, Rachelle; Ceja, Eric
Subject: FW: Case No, AUP 19-0001
See additional email regarding AUP 19-0001.
Nick Melloni
Assistant Planner
Ph:760.346.0611 Direct:760.776.6479
nmelloniCcityofpalmdesert.org
From: Charlie Cyr [mailto:czcyr8l@gmail.coml
Sent: Wednesday, April 10, 2019 9:52 AM
To: Melloni, Nick <nmelloni@cityofpalmdesert.org>
Subject: Case No, AUP 19-0001
Dear Mr. Melloni:
I am writing to you as a concerned homeowner in regards to the property in question. My current addrress is
77-637 Edinborough Street which is directly behind the project location located on 77-630 Delaware Place.
My wife and I have exprerssed great concerns regarding the property and the housing of horses directly behind
our home. I certainly understand that the property is zoned for horses; however there are no other homes in the
immediate area that house horses on their property. I certainly appreciate that the homeowner will do
everything to maintain the cleanliness of the property; however, these are big animals that do not exhibit regular
bowel habits. The smell, not to mention the flies, will certainly impact the utilization of my backyard during
the winter months. The city plans show that the stable will be 100 feet from my property. That may sound
like a big distance but I do have a pool in my back yard and that is a huge concern.
I am still quite amazed that our city of educated planners would not think that this approval would not
negatively impact the surrounding properties. This decision will certainly negatively impact the value and
equity built into the surrounding properties. I am also amazed that someone would move into a new
neighborhood knowing that the immediate neighbors and community have openly indicated their
dissatisfaction.
The show of support for discouraging this to happen has been amazing. I believe that it is the City of Palm
Desert's responsibility to rescind its approval with good cause.
Kind regards
Charlie Cyr
6S :01 WV 01 ddn 6109
Charlie Z. Cyr Vd
301 A30 S.)(83131J111;)
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